Theodore C. Max is a partner in the Entertainment, Technology and Advertising and Intellectual Property Practice Groups in the New York office.

"Ted is the whole package. He is very thorough, looks at the issues from all
angles and is really strategic with his advice."
– Chambers 2023 (Client)

Areas of Practice

Theodore focuses on counseling clients on intellectual property issues and litigation. He is leader of the firm's Fashion and Apparel team. Theodore combines his skill and experience as a trial attorney with his knowledge of copyright, trademark and intellectual property law in servicing the firm's diverse clientele.

Theodore has counseled clients on and litigated numerous cases involving issues on the cutting edge of copyright and trademark law. He has assisted clients in identifying, protecting and preserving their intellectual property assets, including seeking registration of rights in the United States and internationally and taking action against infringements of copyrights, trademarks and trade dress. He also has experience developing and implementing anti-counterfeiting programs and pursuing civil and criminal enforcement remedies. Theodore has actively litigated intellectual property issues, as well as licensing and franchise disputes, and the rights of publicity and privacy. He successfully has represented clients in all types of civil litigation, including alternate dispute resolution proceedings and mediation, trials and appeals.



Leading Lawyer, Intellectual Property, Chambers USA, 2023-2024

Copyright Law, Best Lawyers in America, Best Lawyers, 2020-2024

Leading Trademark Professional, World Trademark Review, 2015-2024

Intellectual Property Star, Managing Intellectual Property, 2015-2020, 2022-2024

Intellectual Property, Media and Advertising, Legal 500, 2013-2019

New York Super Lawyer - Intellectual Property Litigation, Super Lawyers, 2008-2022

Named as one of the "Legal Elite Litigation List," Avenue Magazine, 2011-2012

  • Ted Max - Chambers 2024
  • Ted Max - Chambers USA 2023



Mr. Max has lectured widely and authored numerous publications.

"FTC Disclosure Guide Signals More Influencer Scrutiny," Law360, December 12, 2019

Digital Marketing: Native Advertising and Online Influencers in the Hospitality Industry, Hotel Business Review

"Advertising on the Cutting Edge," The Metropolitan Corporate Counsel, October 2016

Authored a chapter in the book, Fashion Law: A Guide for Designers, Fashion Executives & Attorneys, which is entitled "Celebrities and Fashion Models: Endorsement and Promotion Agreements."

"Coloring Outside the Lines in the Names of Aesthetic Functionality: Qualitex, Louboutin, and How the Second Circuit Saved Color Marks for Fashion," The Trademark Reporter, September/October 2012

"Litigating Trademark And Copyright Cases In The Metaverse," The Metropolitan Corporate Counsel, January 25, 2012

"Tweet Me! - The Southern District of New York Answers Copyright Questions Raised by Twitter and Twitpuc Use," Terralex's Intellectual Property Newsletter, September 2011

"Congress Has Designs For Piracy Prevention Legislation," Daily Journal, August 9, 2011

"Charting A Safe Course In The Perfect Storm Of Consumer Privacy Laws," The Metropolitan Corporate Counsel, June 2011

Authored a chapter in the book, "Inside the Minds: New Developments in Evidentiary Law in New York, 2011 ed.", Aspatore Publishing, April 2011.

"Trademarks in the Veldt: Do Virtual Lawyers Dream of Electric Trademarks?" The Trademark Reporter: The Law Journal of the International Trademark Association, Vol. 101, No. 1, January-February, 2011.

Project Runway: The Am Law Daily Edition, The AmLaw Daily, February 19, 2009

House Okays Watered Down PRO IP Act, World Law Media, June 1, 2008

Designer Hotels Are In Fashion: But Care Should Be Taken To Avoid A Major Faux Pas, Hotel Executive.Com, May 1, 2008

When Copyright and Trademark Infringement Goes Online, New York Law Journal, October 29, 2007

When Keywords Trigger Sponsored Links, Be Mindful of WhenU and the Split in the Circuits Before Choosing Your Forum Court, Bloomberg Law Reports, September 10, 2007

Authored a chapter in the book, Intellectual Property Assets in Mergers and Acquisitions, which is entitled "Acquisitions and Licensing of Famous Name Trademarks and Rights of Publicity in the United States."

Authored a chapter in the book, Handbook of Fashion Rights, which is entitled "Intellectual Property Protection and Fashion in the United States."

 "Total Recall: A Primer on a Drastic Form of Equitable Relief," published in The Trademark Reporter®, in May-June 1994

"Dilution Act May Limit Commercial Parodies," published in The National Law Journal

Contributed a chapter in the book, The New Role of Intellectual Property in Commercial Transactions, entitled "Available Remedies For Dispute Resolution in International and Domestic Trademark Licenses."

Art Law Blog Posts

Covering Your Ads Blog Posts'

Fashion & Apparel Law Blog Posts

Intellectual Property Law Blog Posts

Social Media Law Update Blog Posts

Media Mentions

Speaking Engagements

  • "Advertising and Promotion in the 21st Century Global Market.” Brands and Fashion Conference, March 22-23, 2017
  • "Designing a Greater System of Protection for Fashion: The Future of Fashion Law," New York University School of Law, February 19, 2015
  • "Hot Topics for 2013: What You Need to Know to Avoid Fashion Jeopardy?" New York, February 13, 2013
  • “IP Enforcement and Litigation 2011: Civil and Criminal Update” Practising Law Institute, March 30, 2011




Amicus Committee, International Trademark Association

Past Chair, Publications Committee, International Trademark Association

Past Editor-in-Chief, The Trademark Reporter®, 1999-2001

Previous United States Original Articles Editor

Previous International Original Articles Editor

SubCommittee Chair, "International Annual Review of Developments in Trademark Law and Practice," The Trademark Reporter®


J.D., New York University School of Law, 1983, Editor-in-Chief, New York University Review of Law and Social Change, Won NYU Moot Court Competition, Mendes Herschmann Prize

B.A., Hobart College, 1980, summa cum laude, high honors, Rhodes Scholar Finalist, Student Trustee


  • New York
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