Barclay Damon
Barclay Damon

Charles 
     von Simson

Charles von Simson

Partner

p: 716-858-3865

f: 716-768-2868

icon_email cvonsimson@barclaydamon.com
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Buffalo Office

The Avant Building
200 Delaware Avenue
Buffalo, New York 14202

Toronto Office

120 Adelaide Street West
Suite 2500
Toronto, Ontario M5H 1T1


p: 416-366-4060
f: 416-366-3060

Charlie von Simson advises clients seeking to develop and exploit their intellectual property and technology assets through proprietary rights agreements, registration, and licensing. Charlie has extensive experience in negotiating licenses and business development deals on behalf of software entrepreneurs in a broad range of industries and applications.

Charlie has significant experience in litigation related to corporate governance, software licensing, trademark, copyright and patent infringement, false advertising and publicity rights as well as general commercial matters. Charlie has also successfully represented clients before the US Patent and Trademark Office in trademark opposition proceedings, Uniform Dispute Resolution Policy panels in domain name disputes and the Federal Trade Commission and National Advertising Division in investigations into marketing and advertising claims.

Charlie is certified as a Foreign Legal Advisor by the Law Society of Upper Canada and has represented many Canadian clients navigating US business and legal issues. He is currently a candidate for a Master of Laws degree in Innovation, Law & Technology at the University of Toronto Faculty of Law.

Charlie began his legal career as law clerk to US District Judge John T. Curtin in Buffalo. Prior to starting his legal career, Charlie was an information technology strategic planning consultant at the Research Board in New York and covered the personal computer software industry for Computerworld in San Francisco.

Representative Experience

  • The University of Rochester v. Attachmate Corporation, Case No. 12 CV 6019 (W.D.N.Y.) (Represented software developer in successful copyright infringement and breach of software license litigation
  • Margaret L. Wendt Foundation Holdings, Inc. v. American Standard Case No. 16 CV 00783 (W.D.N.Y)
  • Margaret L. Wendt Foundation Holdings, Inc. v. Roycroft Realty Case No. 16 CV 00797 (W.D.N.Y.) (Brought successful actions to permanently cease defendants’ infringement of client’s historic Roycroft trademark.)
  • Cataclean Americas LLC v. Gordon Gannon et al., Case No. 800827/2013 (Supreme Court, Erie County) (Obtained directed trial verdict confirming removal of defendants from management positions at limited liability company and returning control of the company to client and other majority shareholders.)
  • Donna Douglas v. Mattel, Inc. and CBS Consumer Products, Inc., Case No. 11 CIV 297 (D. La.) (Obtained successful settlement in right of publicity action on behalf of Donna Douglas, TV’s “Ellie May Clampett,” addressing unauthorized use of her likeness in association with Barbie doll products.)
  • Bruce Levinson v. Steiner Digital Studios et al., Case No. 603297/09 (Supreme Court, New York County) (Successfully defended an investor in a shareholder derivative action concerning development of Steiner Studios in the Brooklyn Navy Yard. Obtained summary judgment dismissing all claims against the client.)
  • Katerina Plew v. Limited Brands, Inc. et al., Case No. 08 CIV 3741 (SDNY) (Obtained successful settlement on behalf of plaintiff inventor enforcing her patent for an innovative bra design.)
  • Phillipos Phillippou v. Granite Associates, Inc. and Photios Cougentakis, Case No. 06 CIV 6080 (EDNY) (Obtained trial verdict on behalf of plaintiff securities trader against brokerage and individual defendants.)
  • JB Oxford & Co. v. First Tennessee Bank, N.A., Case No. 03 CIV 1117, (M.D. Tenn.) (Obtained favorable settlement for defendant bank and its advertising agency in copyright infringement litigation concerning a series of the bank’s television commercials.)

Practice Areas

Education

  • Boston University, B.A., 1986
  • Brooklyn Law School, J.D., cum laude, 1995

Admitted To Practice

  • New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Western District of New York
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Court of Appeals, 7th Circuit

Memberships & Affiliations

  • Law Society of Upper Canada, Foreign Legal Advisor
  • American Bar Association Section on International Law Canada Committee
  • Association of the Bar of the City of New York, past member of the Information Technology Law Committee
  • Erie County Bar Association

Civic Activities

  • Sportsmen’s Americana Music Foundation, Board of Directors and General Counsel
  • The Humanities Institute of the State University of New York at Buffalo, Board of Advisors

Speaking & Publications

Honors

  • Named an Empire State Counsel Honoree by the New York State Bar Association for the exemplary pro bono service provision, 2018

Prior Experience

  • Damon Morey LLP, Partner
  • von Simson & Chin LLP, Principal
  • White & Case LLP, Attorney
  • Reed Smith LLP, Attorney
  • Research Board New York City, Information Technology Strategic Planning Consultant

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