First Admitted: 1996, New York

Professional Webpage: https://www.albanyiplaw.com/attorney-profile/lee-palmateer/

Bar/Professional Activity:

New York State Bar, 1996
Massachusetts State Bar, 1996
Patent Bar, United States Patent and Trademark Office, 2002
Supreme Court of the United States of America, 2014
United States Court of Appeals for the Second Circuit, 2012
United States District Court, Northern District of New York, 1998
United States District Court, Southern District of New York, 1998
United States District Court, Eastern District of New York, 1998
United States District Court, Western District of New York, 1997

Verdicts/Settlements (Case Results):

Y.Y.G.M. SA v. John Capovani,Cancellation No. 92076810 before the U.S. Trademark Trial and Appeal Board. Successfully defended trademark registrant in trademark cancellation proceedings. Matter dismissed via Stipulation of Dismissal with Prejudice., 2022
HUNTER MOUNTAIN SKI BOWL, INC. v. MOUNTAIN CREEK INN, LLC, et al., Civil Action No. 1:21-cv-1333-MAD-TWD, U.S. District Court for the Northern District of New York. Successfully defended defendants in trademark litigation. Plaintiff voluntarily dismissed the action with prejudice., 2022
YYGM, SA v. Ratbastard Supply Co., et al., Civil Action No. 1:21-cv-04902 (ENV-SJB), U.S. District Court for the Eastern District of New York. Successfully defended a defendant in a multi-party trademark litigation, which was voluntarily dismissed with prejudice as against my client., 2022
Deluxe Group Corporation v. Orion Group SA LLC, Cancellation No. 92073860, U.S. Patent and Trademark Office, Trademark Trial and Appeal Board. Obtained judgment on behalf of petition cancelling respondent’s U.S. trademark registration., 2020
Charles Ramsey Co. v. Fabtech-NY LLC, Case No. 1:18-CV-0546-LEK/CFH, U.S. District Court for the Northern District of New York. Filed successful 12(b)(6) dismissal motion and obtained dismissal of Plaintiffs’ claims under the Federal Defend Trade Secrets Act ("DTSA"). Decision reported at 2020 U.S. Dist. LEXIS 9348, 2020 WL 352614 (N.D.N.Y. January 21, 2020), 2020
Cantele Tent Rentals, LLC v. Columbia Tent Rentals, LLC, Index No. 13170-18; RJI No. 10-18-0391, New York State Supreme Court, Columbia County. Successfully defended cause of action for Tortious Interference with Prospective Business Relations. Plaintiff stipulated to dismissal of claims with prejudice., 2020
Cantele v. Dusenbery, et al. Index No. 14373-19; RJI No. 10-19-0257, New York State Supreme Court, Columbia County. Successfully defended cause of action for defamation and false arrest. Plaintiff stipulated to dismissal of claims with prejudice., 2020
Successfully defended Trademark Cancellation Proceedings No. 92063488 before the USPTO Trademark Trial and Appeal Board brought by Marisa Wayne and Grit Cycle LLC against my client Patricia A. Fitzgerald, resulting in settlement for dismissal of proceedings with prejudice, 2017
Acacia Communications, Inc. v. The Research Foundation for the State University of New York et al, Federal District Court for the Northern District of New York (1:16-cv-01506) – trade secret misappropriation. Successfully settled on terms favorable to client-Plaintiff., 2017
Ebeling Associates, Inc. v. Shipping and Transit, LLC, Federal District Court for the Northern District of New York (1:17-cv-00066) – commenced declaratory judgment action to resolve alleged infringement of communications technology patent. Successfully settled., 2017
Palmateer Trust v. Village of Athens, Index No. 16-0576, New York State Supreme Court, Greene County. Commenced action and obtained substantial settlement for property damage caused by municipal sewer backup, 2017
ITS Innovations LLC v. Plano Synergy Holdings, Incoprorated et al, Federal District Court for the Northern District of New York (1:15-cv-00625) – defense of alleged infringement of turkey decoy patent. Parties settled under favorable terms to client., 2016
Stubby Strip, LLC v. Food Market Merchandising, Inc. et al, Federal District Court for the Northern District of New York (5:15-cv-01410) – obtained dismissal of copyright and unfair competition claims, 2016
Bright Side Structures, LLC v. Amazon.com, Inc. et al., Civil Action No. 1:16-cv-1169-LEK/DJS, U.S. District Court for the Northern District of New York. Commenced action for trademark infringement against Amazon.com. Obtained substantial settlement for client., 2016

Transactions:

Copyright license between my client and United Kingdom company Elba Worldwide Limited for use of phtographs, 2020

Special Licenses/Certifications:

Licensed Patent Attorney. Licensed to practice in patent cases before the U.S. Patent and Trademark Office., 2002

Pro bono/Community Service:

Member of Finance Committee of St. Patrick's Roman Catholic Church, Athens, NY, 2021
Public advocacy in the matter of the Coxsackie-Athens School District proposed school reconfiguration, including drafting resolutions adopted and passed by the Town Board for the Town of Athens and Village Board for the Village of Athens, 2021
Committee person on the Town of Athens, NY Democratic Committee, 2021
County Legislator, Greene County, NY , 2018
Member of Committee on Professional Discipline for the New York State Bar Association, 2016
Advisory Board to Clarkson University Entrepreneurship Center , 2015
Advisory Board to Clarkson University School of Business , 2015
Pro bono representation of plaintiff in Federal Civil Rights Case in Williams v. Elser, et al., Norther District of New York, 11-cv-00562 (DNH/RFT), 2014
Town Supervisor, Town of Athens, NY , 2013
Albany County Bar Association Pro Bono Program. Represented indigent, non-English-speaking resident in unfair lending matter., 2013
Treasurer of Licensing Executive Society, Albany Chapter , 2010
School Board, Coxsackie-Athens Central School District , 2007

Honors/Awards:

Super Lawyers® is a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations., Super Lawyers® Designation, Super Lawyers®, 2021
AV® Preeminent™ Martindale-Hubbell Attorney Rating, Martindale-Hubbell® Peer Review Ratings™, 2020

Educational Background:

J.D. Albany Law School, Albany, New York, 1995
B.S. in Mechanical Engineering from Clarkson University, Potsdam, New York, 1984

White Papers:

Analysis prepared during tenure as County Legislator for the benefit of the Greene County New York legislature regarding need for new county jail., Jail Project, Local Government, 2018
Newspaper editorial advocating for construction of a new County jail written during tenure as County Legislator., My View Editorial in The Daily Mail Newspaper, Catskill, NY, Local Government, 2018
Analysis of School District population distribution (based on maps privately commissioned by Lee Palmateer), tax levies, enrollment data and drive times. The analysis was presented in successful opposition to Superintendent's proposal to reconfigure the grades housed in the two elementary school buildings in the School District., A Basic Overview: Population, Enrollment and Tax Leview in the Coxsackie-Athens Central School District, Local Government, 2015

Industry Groups:

All

Lee Palmateer