Staci Trager

Partner

Emailstaci.trager@us.dlapiper.com

About

Areas of FocusIntellectual Property Advertising, Marketing and Promotions Trademark and Copyright Litigation Consumer Goods, Food and Retail Retail and Fashion Litigation, Arbitration and Investigations Class Actions Global Investigations

Bar admissions / Professional QualificationsCalifornia

CourtsSupreme Court of the United StatesUnited States Court of Appeals for the Second CircuitUnited States Court of Appeals for the Eighth CircuitUnited States Court of Appeals for the Ninth CircuitAll California state and federal district courts

EXPERIENCE

Prevailed as nation-wide counsel in multi-district litigation of class action “greenwashing” false advertising and related claims for a top fashion brand with motions to dismiss.
Successfully resolved trademark and right of publicity claims on the eve of trial for a deceased celebrity, establishing that photographers must receive a license before commercializing images of celebrities.
First chair of a federal copyright trial for a large clothing retailer that dealt with numerous novel copyright and damages issues and resulted in significant post-trial relief. This case set new law in both the Ninth Circuit and before the United States Supreme Court.
Successfully defended the estate of a notorious American rapper in a copyright infringement case based on the lyrics of one of the artist's song. The US Court of Appeals for the Second Circuit affirmed the district court's finding of fair use. This is the first fair use ruling for music lyrics and is the first fair use ruling affirmed with a written decision.
Lead trial counsel in a federal jury trial resulting in a transfer of trademark to the client and significant money judgement.
Lead counsel in parallel ITC and district court cases for a global consumer products brand involving trademark infringement and sneakers.
Successfully secured a no money settlement for a defendant in ITC case involving the patented process to distress denim jeans on the eve of trial.
Defended multiple class action privacy lawsuits for well-established brands, in numerous states including New York, California and in Illinois (improperly collect biometric information under BIPA).
Won a motion to dismiss for a national retailer in a trademark and trade dress infringement matter.
Secured a Preliminary Injunction in a trademark and right of publicity case.
Successfully resolved copyright claims brought by a multinational music company and its affiliates against a fitness apparel and accessories manufacturer and retailer and its influencers regarding their use of music in social media posts.
Obtained dismissal on the pleadings in several copyright infringement cases involving fabric designs.
Represented a well-known rap artist in a copyright infringement case involving music sampling.
Defended and counseled hundreds of clients on the Americans with Disabilities Act (ADA) website's compliance and related claims (NY and CA).
Represented a brand owner in a trademark infringement, dilution, fraud, and cyberpiracy case.
Successfully resolved numerous enforcement actions brought by the FTC involving social media and traditional marketing.

Transactional Matters

Guided several well-known brands in response to high-profile data breaches as well as other situations requiring crisis public relations work.
Negotiated and drafted agreements for the first “virtual reality” concert presented by 90’s hip hop stars held on the metaverse of a well-known social media platform, including the production agreements and clearance work for same.
Represented talent and brands in a variety of NFT and Web3 related deals.
Represented several international fashion retailers in establishing US operations, including drafting employee handbooks, leasing retail and distribution space, negotiating and drafting marketing, advertisement and promotion agreements, as well as regulatory/compliance work.
Negotiated a variety of scripted and unscripted television and digital content deals.
Represented a lifestyle brand in a partnership agreement with a national financial institution that included a national co-branded television commercial.
Represented a celebrity in a hybrid licensing/endorsement deal that utilized social commerce and geo location.
Represented a licensor in a direct-to-retail licensing deal with a major specialty retailer.
Represented a celebrity in an endorsement/sponsorship deal that included a Super Bowl commercial.
Represented a licensor in a fashion licensing agreement to create a diffusion line.
Represented a publicly traded company in launching a fashion brand as a brand extension, using its internationally known trademarks and reputation.
Represented a celebrity seeking both financing and a partner to start a branded clothing line.
Represented the fastest growing accessory retailer in establishing its own entertainment division and forming its own record label, as well as event production work for a branded event including securing talent, venue, and sponsorship.
Represented partners in negotiations and forming a new fashion business.
Represented a lifestyle clothing fashion designer in a co-branding agreement with a well-known entertainment venue.

Education

J.D., Loyola Marymount University

B.A., Philosophy, Emory University

AWARDS AND RECOGNITION

Pro Bono

Executive Director of Loyola Law Schools Fashion Law project

Publications and media

Seminars

Media Mentions

Prior Experience

Previously, Staci was the chair of the Fashion Law practice at two other national law firms. She was exposed to the combination of legal and business affairs as the first law clerk at fashion lifestyle brand: Guess?, Inc.

Prior to law school, Staci was the Chief Operating Officer of a multimillion-dollar garment manufacturing company, overseeing purchasing and production coordinator for a textile importer and converter, as well as taught in the entrepreneurship department of the Fashion Institute of Design and Merchandising (FIDM).

Memberships and Affiliations