Jessica Rutherford

Jessica Rutherford


Partner |

Jessica practices primarily in the areas of intellectual property protection and licensing, civil litigation, and media and entertainment law. She routinely counsels clients, both large and small, on the acquisition, protection, exploitation, and enforcement of copyrights, trademarks, trade secrets, rights of publicity, and other proprietary rights.  

Jessica has experience managing a worldwide filing and enforcement program for a portfolio of famous marks and has won several appeals before the Trademark Trial and Appeal Board.

She also represents clients in disputes in federal and state courts across the country.  Recent cases include:

  • Representing apparel manufacturer and national retailers in alleged copyright infringement action brought by textile company, obtaining summary judgment dismissing all of plaintiff’s claims and invalidating plaintiff’s copyright registration (Gold Value Int’l, Inc. v. Sanctuary Clothing, LLC, et al., 2:16-CV-00339, C.D.C.A.)
  • Representing former Head Coach of the Cuban National Baseball Team in jury trial for breach of contract action against former Major League pitcher and his agent, securing award of over $1 million (MV Sports, Inc. v. Jaime Torres Sports Management, Inc. and Jose Contreras, 08-48132 and 08-48128, 11th Circuit Court of Florida)
  • Representing Fortune 500 agricultural and consumer products company in action against former licensee for unpaid royalties (John Deere Shared Services, Inc. v. Success Apparel, LLC, et al., 15-CV-1146, S.D.N.Y)
  • Representing national pet food company in infringement and unfair competition action over product packaging (Blue Buffalo Company, Ltd. v. Sears Holding Management Corporation, et al., 3:16-CV-0306, D.CT)
  • Representing entertainment company in action for infringement of federally registered trademark and cybersquatting arising out of use of the name “Vanguard” by publishing company (Vanguard Productions v. Perseus Books, LLC and Vanguard Press, 08-CV-6490, S.D.N.Y.)
  • Representing major toy manufacturer in multi-million dollar actions arising out of alleged breaches of licensing agreements (MGA Entertainment, Inc. v. Marvel Entertainment, Inc. et al., Index No. 650801/09, and related cases; New York Supreme Court)
  • Representing the International Licensing Industry Merchandisers’ Association as amicus curiae in C.B.C. Distribution and Marketing, Inc. v. MLB Advanced Media, L.P. and Major League Baseball Players Association, 06-3357 and 06-3358, U.S. Court of Appeals for the Eighth Circuit.

In addition, Jessica assists clients in capitalizing on the value of intellectual property rights, by identifying and evaluating opportunities and negotiating a wide range of intellectual property agreements.

Her clients include apparel manufacturers, toy and game companies, jewelers, licensing agents and manufacturer’s representatives, software developers, restaurateurs, fine artists, textile designers, authors and publishers.

Before joining Ferdinand IP, Jessica was a partner with Grimes & Battersby, LLP, an intellectual property boutique located in Fairfield County, Connecticut. She previously honed her negotiation skills while working as a literary agent and foreign scout and as a subsidiary rights executive for book publishing companies, including HarperCollins and Henry Holt. Jessica has parlayed this knowledge and experience into success for her clients, negotiating several multiple-book publishing deals on behalf of authors and artists, including in connection with a New York Times best-selling children’s book series.

Jessica received an A.B. (with Honors) from Brown University with a dual concentration in Cognitive Science and Russian Language & Literature. She received her J.D. from Benjamin N. Cardozo School of Law with a concentration in intellectual property law. During law school, she interned with Southern District of New York Judge Deborah A. Batts. Jessica has also worked for the Russian Academy of Sciences in Moscow.

Jessica has served on the Internet and Technology Law Committee of the New York State Bar Association, the Trademark Committee of the New York Intellectual Property Law Association, and the Communications and Media Law Committee of the New York City Bar Association. Jessica has published articles on a variety of topics, including the “Internet and Technology” column for The Licensing Journal, and she has spoken on “Licensing Law for Beginners” at Licensing Expo, the annual trade show for the licensing industry, and has been a regular guest lecturer on Licensing Law at the University of Connecticut School of Law.

In her free time, Jessica interviews applicants to Brown University on behalf of the Brown Alumni Schools Committee. 

Jessica is admitted to practice before the following courts:

  • State of New York
  • State of Connecticut
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the District of Connecticut
  • U.S. Court of Appeals for the Eight Circuit 
  • U.S. Court of Appeals for the Ninth Circuit
  • United States Supreme Court

Languages: Russian, French, Italian and Hebrew