Practice areas: Business Litigation, Intellectual Property Litigation, Alternative Dispute Resolution; view more
Licensed in New York since: 2009
Education: Cornell University Law School
Sher Tremonte LLP
90 Broad Street23rd Floor
New York, NY 10004 Phone: 212-202-2600 Email: Justin J. Gunnell Visit website
Justin handles all types of commercial and business litigation, particularly matters involving employment law, intellectual property, complex commercial agreements, partnership and business breakups, fraud and securities law claims, and real estate. A tenacious litigator with a natural instinct for problem-solving, he excels at pursuing innovative solutions to his clients’ toughest challenges.
Whether settling high-stakes litigation out of court or charting a smooth path to victory in the courtroom, Justin brings a proven track record of success to his work at Sher Tremonte. He has tried jury trials to verdict in federal court and won, prevailed on issues of first impression before the U.S. Courts of Appeals, and resolved numerous cases in his clients’ favor through dispositive motion practice.
Justin’s prior experience gives him a comprehensive understanding of the issues his clients face. Having gained exposure to criminal investigations at the Public Defender Service for the District of Columbia as well as in-house practices at a large publicly traded publishing company, he is attuned to the interests of all relevant stakeholders – a perspective that enables him to accurately assess risk and formulate effective methods of resolution. He opens every matter with an extensive discovery period, then applies a rigorous review process to evaluate how the facts he has uncovered best fit into applicable law. His creativity and agile thinking routinely yield winning strategies, from advancing a novel but well-supported new theory of law to structuring a unique settlement component.
Before joining Sher Tremonte, Justin worked at Latham & Watkins LLP, where he represented large institutional clients and Fortune 500 companies in disputes involving antitrust, securities, intellectual property, and business law. He subsequently joined a prominent litigation boutique that focuses on trial practice and complex civil litigation and clerked for a federal judge in Boston, Massachusetts.
Practice areas
Business Litigation, Intellectual Property Litigation, Alternative Dispute Resolution, General Litigation, Securities LitigationFirst Admitted: 2009, New York
Professional Webpage: http://www.shertremonte.com/professionals/justin-j-gunnell/
Scholarly Lectures / Writings
- Dilution protects famous trademark owners from use of their marks by others that serve to either weaken the mark's capacity to serve as a source identifier or harm the reputation of their mark. Parody, on the other hand, is a protected form of expression under the First Amendment that allows an artist to poke fun at recognizable aspects of society. Trademarks are often the butt of detrimental attempts at parody. In the past, a substantial percentage of dilution cases have been attempts by mark holders to enjoin harmful commercial uses of their famous brands - even if such a use could loosely be construed as a "parody." Yet, the Trademark Dilution Revision Act of 2006 (the "TDRA") has carved out a broad and explicit exception for parody, one that is seemingly stronger than any protection that parodies previously enjoyed in the dilution context. It seems under the language of the TDRA, once a potentially infringing use is termed a "parody," and regardless of the degree in which it seriously harms a famous mark, the parodist has a higher probability of escaping strict judicial scrutiny than ever before. Such a result raises important questions as to the current state of dilution law., Author, Evaluation of the Dilution-Parody Paradox in the Wake of the Trademark Dilution Revision Act of 2006, Cardozo Arts & Entertainment Law Journal, Vol. 21, No. 441, 2008, 2008
Selections
- Super Lawyers: 2025 - 2026
- Rising Stars: 2015 - 2023