Ned Sackman

Ned litigates matters on behalf of clients in state and federal courts throughout New England, and federal courts throughout the country. He is currently the Vice Chair of the Copyright Law Committee for the American Intellectual Property Law Association, and he regularly writes and speaks on intellectual property (IP) and commercial litigation matters.

Exemplary representations include:

Trademark, copyright, and trade secret litigation

Ned has litigated “soft IP” disputes in state and federal district courts throughout the country, as well as before the Trademark Trial and Appeal Board. He frequently protects the rights of local brand owners and he has also defended infringement actions on behalf of large corporate clients. In addition, Ned has litigated matters involving trade secret theft on behalf of both large businesses and closely held corporations, as well as other complex business litigation matters.

Some of Ned’s recent work on trademark, copyright, and trade secret litigation include:

• Successfully defending a national online retailer of musical equipment through trial in copyright and trademark dispute. Ned is currently defending this case on appeal.
• Successfully opposing trademark registration of a confusing trademark on behalf of a large winter apparel brand.
• Defending a German software company in multi-year ligation over alleged trademark infringement. This case ended with the negotiation of a favorable settlement.
• Obtaining judgment and injunction on behalf of national roofing supplier in trademark infringement action.
• Required an infringing restaurant business to change its name in order to settle trademark infringement dispute.

Automotive dealer representation

Ned has represented auto dealers and other equipment franchisees in the New Hampshire, Massachusetts, and Rhode Island courts, and before the New Hampshire Motor Vehicle Industry Board. He has represented dealers in termination protests, consumer litigation, commercial litigation, and regulatory matters. Ned has also assisted dealers with difficult business disputes arising amongst partners.

Some of Ned’s recent work representing automotive dealers includes:

• Representing multiple auto and equipment dealers in protest actions before New Hampshire’s Motor Vehicle Industry Board.
• Representing a New England truck dealer in federal court litigation with its franchisor.
• Partnering with the New Hampshire Automotive Dealers Association on an amicus brief to the New Hampshire Supreme Court in an insurance dispute on behalf of a body shop.
• Defending a publicly-traded national dealership group against consumer complaints and commercial litigation.

Non-competition agreements and other commercial litigation

Ned frequently litigates matters arising from non-competition and non-solicitation agreements in the New Hampshire Courts, including the Business and Commercial Dispute Docket, colloquially known as the “Business Court.” He has represented both businesses seeking to enforce their rights and executives and former business owners accused of breaching their agreements.

Ned’s recent commercial litigation work includes:

• Representing a large New Hampshire hospital in litigation regarding Medicaid payments.
• Representing a closely held gaming operator in litigation involving its sale to a private equity investor.
• Representing a commercial laundry and linen company in a non-competition agreement and trade secret dispute with a competitor.
• Defending a software licensing company and its principals in a non-competition agreement and trade secret dispute with a former employer.
• Representing one of New Hampshire’s largest banks in commercial litigation.

Ned is regularly asked to speak and publish thought leadership in the areas of intellectual property and commercial litigation, including recent publications in New Hampshire Business Review and presentations on behalf of the New Hampshire Bar Association on business litigation.

Ned maintains an active pro bono practice. Cases include:

• Representing New Hampshire’s only inmate on death row in post-conviction proceedings seeking to vacate his capital sentence.
• Successfully obtaining dismissal of defamation claims brought against an on the record source for an NHPR report about sexual harassment allegations against the founder of New Hampshire’s largest addiction treatment network.

Ned received his JD from the University of Virginia School of Law and clerked for Judge Thomas M. Golden on the U.S. District Court for the Eastern District of Pennsylvania.

Prior to joining Bernstein Shur, he worked at the Philadelphia headquarters of an AM Law 100 law firm.

He received his BA from Tulane University in New Orleans.

When Ned isn’t working, he is…

Skiing or mountain biking with his family, trying to play guitar, or listening to stand-up comedy.