Attorneys

Susan Farley earned her reputation as a highly knowledgeable and skilled litigator in design patent law, trademark and copyright enforcement. She has been lead counsel in hundreds of cases, developing successful strategies to prevent unfair knock offs and in defense of those who have not crossed the line. An IP design law innovator, she won several precedent setting cases, including a multi-million dollar jury verdict in a cutting edge trade dress case. Her “in the trenches” experience includes district courtrooms around the country, appeals courts, foreign courtrooms and co-authoring briefs on important design law cases at the US Supreme Court. She successfully briefed and argued hundreds of motions, appeared in countless hearings, conducted numerous oral arguments and tried bench and jury cases. She is recognized by her clients as smart, hard-working, detail oriented and tenacious with a keen ability to stick to the principles of the case at hand.

Susan’s ability to develop strategies preventing infringements before they happen and resolve them without full blown litigation makes her constantly in demand by a robust list of domestic and international clients. Since its inception, she has been voted by her colleagues as a Super Lawyer in Upstate New York, Corporate Edition, and achieved an AV Preeminent Rating by Martindale Hubbell Peer Review, and the Judicial Edition.  Named one of the top 25 Women Lawyers in Upstate New York by Super Lawyers across all disciplines, Susan’s insight and work has been featured in scores of publications, including the Wall Street Journal, New York Times, San Francisco Examiner, and the Los Angeles Times. She is a frequently sought after speaker on design law topics by academic institutions, trade associations, bar associations and USPTO events. Her chapter on design law is the legal authority in THE STATE OF THE INTERIOR DESIGN PROFESSION, published by Fairchild books. She chaired the committee proposing the first and only comprehensive set of jury instructions in a design patent case which were unanimously adopted by the Intellectual Property Owner’s Association.  Today it’s the seminal work used by Federal Courts in design patent jury cases. The Design Rights Committee at IPO won Committee of the Year under her leadership. Susan also provides expert witness services on the subject of design law and litigation.

Susan is a proven team leader in the litigation practice area at HRFM providing clients with a deep knowledge of how to overlap utility and design patents, copyright and trademarks in enforcement and procurement. She brings to each client a real-world strategy for cost effective use of Intellectual Property Laws in their specific market. She credits the key to her loyal and successful practice to her sincere interest in the success of her clients and the ability to select and guide a great team to get the client the results each deserves.

At HRFM, Susan is one of three members of the Management Committee and for years directed the firm’s internal education training program for attorneys.

Community service has always been a passion for Susan who has served as trustee/board member of many civic organizations including Albany Law School, Northeast Parent and Child Society, Center for Economic Growth, chairing the First Capital District Business Hall of Fame event, and Junior Achievement where she also served as Chairman of the Board.

NYS Bar Association Annual Meeting: IP Section (January 2012) Patent Law in Review for Year 2011

NYS Bar Association Annual Meeting: IP Section (January 2010) Patent Law in Review for Year 2009

NYSBA IP Fall Meeting (October 2009) Panelist: Future Trends In Design and Trade Dress Law

Eastern New York Intellectual Property Association (April 2009) Design Law Update

ALI-ABA Teleseminar (March 2009) IP Damages: Copyright- Because That is Where the Money Is

Neocon World’s Trade Fair – 2008 Chicago (June 2008) (June 2007) The Bottom Line on Protecting Product Design: Don’t let Profits Get knocked Out by Knock Offs.

ALI-ABA Litigating Trademark and Unfair Comp Cases (February 2008) The Jury Case

Eastern New York Intellectual Property Association (October 2006) The New Trademark Dilution Revision Act of 2006

InterAct Conference-Key note speaker (October 5, 2006) The Law of Originality: Imitation or Inspiration: Where Do We Draw the Line?

ALI-ABA Litigating Trademark, Domain Name and Unfair Comp Cases (October 2006) Presenting the Case to the Jury- Special Considerations and Concerns

Neocon World’s Trade Fair –Chicago (June 2006) Protection of Investments in the Design Industry

International Trademark Association 2005 Annual Meeting San Diego, CA; Mock Jury Trial Lead Counsel: Tiger Woods Trademark Infringement Mock Case - Runaway Jury Presentation (May 2005)

NeoCon World’s Trade Fair ‘05 (June 2005), Promoting Original Design: An Intellectual Property Primer

New York State Bar Association (October 2004), Program Chair, Bridging the Gap - Intellectual Property Law

NEWH Presentation (February 19, 2004), Promoting Original Design

HD2003-Expo & Conference: Defining Hospitality Design (May 2003), Promoting Original Design: An Intellectual Property Law Primer

NeoCon World’s Trade Fair ’02-Chicago (June 2002), Protection against Knock- Offs

Smithsonian Institute: Cooper Hewitt Conference on Authenticity (April 2002), Standards of Authenticity

New York State Bar Association (October 2001), The TrafFix Debate

New York State Bar Association (September 2001), Bridging the Gap - Intellectual Property Law and the Internet

Lightfair 2001 (June 2001), Liability For Designers: Lighting and Law

San Francisco Design Week (January 2001), Intellectual Property Law in the Design Industry

New York Design Week (October 2000), Intellectual Property Law in the Design Industry

Neocon –West (March 2000), Intellectual Property protection in the Design Industry

Neocon 1999-Chicago (June 1999), Intellectual Property Law in the Design Industry

International Trademark Association (April, 1999), U.S. Roundtable Program-Product Configurations and Packaging

New York State Bar Association (February 1997), Trade Dress Litigation Update

New York State Bar Association-IP section (January, 1996), Protection of Product Configuration Using Copyright Laws

Foundation for Design Integrity (Fall 1996), "Don't Knock It Off"

When is an imitation an illegal knockoff?, The State of the Interior Design Profession, Chapter 6  (March 1, 2010)

Taming the Copy Cats, Contract Magazine  (May 1, 2005)

Guarding Against Knock Offs: Protecting Your Blood, Sweat and Design, ASID- ICON Magazine (Spring 2005)

New York Times, Showroom Guilty in Counterfeiting Case (May 13, 2004)

Co-Author: The Road to Trade Dress Protection for Product Configuration: Not a Dead End Despite TrafFix and The Functionality Roadblocks, The New York State Bar Association Bright Ideas, Vol I  (June 1, 2004)

Presenting the Trade Secret Owner's Case, Trade Secrets, Practicing Law Institute. Quoted in: Los Angeles Times, The Great Pretenders (June 2004)

The Law and Product Protection – Hearth and Home (May 2003)

Knock Offs – Laying Down the Law, In Furniture Magazine (September 2002)

Trademark Law Quick Reference Practice Tips, New York State Bar Association (2001)

Getting Burned By a Knock Off, Home Furniture Magazine (1998)

Protection of Designs, Foundation for Design Integrity (1997)

Designers Want Copycats to Knock it Off, Wall Street Journal (1997)

Protection of Product Configuration Using Copyright Laws, New York State Bar Association (1996)

San Francisco Examiner, To Catch a Design Thief (March 1996)

Pitfalls of Practice, Intellectual Property Law, Chapter 13, New York State Bar Association Guide for Young Lawyers (1994)

Introduction to Trademark Law, Bright Ideas, New York State Bar Association, Intellectual Property Law Section Newsletter (1992)

Primer on Intellectual Property Law, New York State Bar Association Pitfalls of Practice (1991)

  • Albany Law School, J.D., 1984, cum Laude, Justinian Honor Society
  • BS in Chemistry from Union College, Phi Beta Kappa, with a full second major in German, 1981 Summa cum Laude
  • Swiss Federal Institute of Technology, Zurich Switzerland, Chemistry 1979-1980
  • 2018 AIC 2nd Circuit Professionalism Award Recipient
  • AV Preeminent® Martindale-Hubbell Judicial Rating
  • AV Preeminent® Martindale-Hubbell Peer Rating
  • 2017 and 2018 Presidential Rank Awards- Review Board and Counsel
  • 2011 Named as a T0P 25 Woman Lawyer (Upstate NY Division) –Super Lawyer
  • New York Super Lawyers 2007-2017
  • Corporate Counsel Super Lawyer
  • Honored as 1991 YWCA Today's Woman

America's Top 100

AV Preeminet

  • NYS Bar Association
  • IP and Innovation American Inn of Court – Platinum Designation, Chairman of the IP and Innovation
  • Capital District Women’s Bar Association
  • Northern District of New York Federal Court Bar Association
  • Supreme Court of the United States
  • Supreme Court, State of Illinois
  • United States District Court, Northern District of Illinois
  • United States Patent & Trademark Office
  • New York State Bar
  • New York State Supreme Court, Appellate Division, Third Department
  • United States District Court, Northern District of New York
  • United States District Court, Southern District of New York
  • United States District Court, Eastern District of New York
  • United States District Court, Western District of New York
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Appeals for the First Circuit
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Seventh Circuit
  • State of Maine
  • Overview

    Susan Farley earned her reputation as a highly knowledgeable and skilled litigator in design patent law, trademark and copyright enforcement. She has been lead counsel in hundreds of cases, developing successful strategies to prevent unfair knock offs and in defense of those who have not crossed the line. An IP design law innovator, she won several precedent setting cases, including a multi-million dollar jury verdict in a cutting edge trade dress case. Her “in the trenches” experience includes district courtrooms around the country, appeals courts, foreign courtrooms and co-authoring briefs on important design law cases at the US Supreme Court. She successfully briefed and argued hundreds of motions, appeared in countless hearings, conducted numerous oral arguments and tried bench and jury cases. She is recognized by her clients as smart, hard-working, detail oriented and tenacious with a keen ability to stick to the principles of the case at hand.

    Susan’s ability to develop strategies preventing infringements before they happen and resolve them without full blown litigation makes her constantly in demand by a robust list of domestic and international clients. Since its inception, she has been voted by her colleagues as a Super Lawyer in Upstate New York, Corporate Edition, and achieved an AV Preeminent Rating by Martindale Hubbell Peer Review, and the Judicial Edition.  Named one of the top 25 Women Lawyers in Upstate New York by Super Lawyers across all disciplines, Susan’s insight and work has been featured in scores of publications, including the Wall Street Journal, New York Times, San Francisco Examiner, and the Los Angeles Times. She is a frequently sought after speaker on design law topics by academic institutions, trade associations, bar associations and USPTO events. Her chapter on design law is the legal authority in THE STATE OF THE INTERIOR DESIGN PROFESSION, published by Fairchild books. She chaired the committee proposing the first and only comprehensive set of jury instructions in a design patent case which were unanimously adopted by the Intellectual Property Owner’s Association.  Today it’s the seminal work used by Federal Courts in design patent jury cases. The Design Rights Committee at IPO won Committee of the Year under her leadership. Susan also provides expert witness services on the subject of design law and litigation.

    Susan is a proven team leader in the litigation practice area at HRFM providing clients with a deep knowledge of how to overlap utility and design patents, copyright and trademarks in enforcement and procurement. She brings to each client a real-world strategy for cost effective use of Intellectual Property Laws in their specific market. She credits the key to her loyal and successful practice to her sincere interest in the success of her clients and the ability to select and guide a great team to get the client the results each deserves.

    At HRFM, Susan is one of three members of the Management Committee and for years directed the firm’s internal education training program for attorneys.

    Community service has always been a passion for Susan who has served as trustee/board member of many civic organizations including Albany Law School, Northeast Parent and Child Society, Center for Economic Growth, chairing the First Capital District Business Hall of Fame event, and Junior Achievement where she also served as Chairman of the Board.

  • Speaking Engagements

    NYS Bar Association Annual Meeting: IP Section (January 2012) Patent Law in Review for Year 2011

    NYS Bar Association Annual Meeting: IP Section (January 2010) Patent Law in Review for Year 2009

    NYSBA IP Fall Meeting (October 2009) Panelist: Future Trends In Design and Trade Dress Law

    Eastern New York Intellectual Property Association (April 2009) Design Law Update

    ALI-ABA Teleseminar (March 2009) IP Damages: Copyright- Because That is Where the Money Is

    Neocon World’s Trade Fair – 2008 Chicago (June 2008) (June 2007) The Bottom Line on Protecting Product Design: Don’t let Profits Get knocked Out by Knock Offs.

    ALI-ABA Litigating Trademark and Unfair Comp Cases (February 2008) The Jury Case

    Eastern New York Intellectual Property Association (October 2006) The New Trademark Dilution Revision Act of 2006

    InterAct Conference-Key note speaker (October 5, 2006) The Law of Originality: Imitation or Inspiration: Where Do We Draw the Line?

    ALI-ABA Litigating Trademark, Domain Name and Unfair Comp Cases (October 2006) Presenting the Case to the Jury- Special Considerations and Concerns

    Neocon World’s Trade Fair –Chicago (June 2006) Protection of Investments in the Design Industry

    International Trademark Association 2005 Annual Meeting San Diego, CA; Mock Jury Trial Lead Counsel: Tiger Woods Trademark Infringement Mock Case - Runaway Jury Presentation (May 2005)

    NeoCon World’s Trade Fair ‘05 (June 2005), Promoting Original Design: An Intellectual Property Primer

    New York State Bar Association (October 2004), Program Chair, Bridging the Gap - Intellectual Property Law

    NEWH Presentation (February 19, 2004), Promoting Original Design

    HD2003-Expo & Conference: Defining Hospitality Design (May 2003), Promoting Original Design: An Intellectual Property Law Primer

    NeoCon World’s Trade Fair ’02-Chicago (June 2002), Protection against Knock- Offs

    Smithsonian Institute: Cooper Hewitt Conference on Authenticity (April 2002), Standards of Authenticity

    New York State Bar Association (October 2001), The TrafFix Debate

    New York State Bar Association (September 2001), Bridging the Gap - Intellectual Property Law and the Internet

    Lightfair 2001 (June 2001), Liability For Designers: Lighting and Law

    San Francisco Design Week (January 2001), Intellectual Property Law in the Design Industry

    New York Design Week (October 2000), Intellectual Property Law in the Design Industry

    Neocon –West (March 2000), Intellectual Property protection in the Design Industry

    Neocon 1999-Chicago (June 1999), Intellectual Property Law in the Design Industry

    International Trademark Association (April, 1999), U.S. Roundtable Program-Product Configurations and Packaging

    New York State Bar Association (February 1997), Trade Dress Litigation Update

    New York State Bar Association-IP section (January, 1996), Protection of Product Configuration Using Copyright Laws

    Foundation for Design Integrity (Fall 1996), "Don't Knock It Off"

  • Publications

    When is an imitation an illegal knockoff?, The State of the Interior Design Profession, Chapter 6  (March 1, 2010)

    Taming the Copy Cats, Contract Magazine  (May 1, 2005)

    Guarding Against Knock Offs: Protecting Your Blood, Sweat and Design, ASID- ICON Magazine (Spring 2005)

    New York Times, Showroom Guilty in Counterfeiting Case (May 13, 2004)

    Co-Author: The Road to Trade Dress Protection for Product Configuration: Not a Dead End Despite TrafFix and The Functionality Roadblocks, The New York State Bar Association Bright Ideas, Vol I  (June 1, 2004)

    Presenting the Trade Secret Owner's Case, Trade Secrets, Practicing Law Institute. Quoted in: Los Angeles Times, The Great Pretenders (June 2004)

    The Law and Product Protection – Hearth and Home (May 2003)

    Knock Offs – Laying Down the Law, In Furniture Magazine (September 2002)

    Trademark Law Quick Reference Practice Tips, New York State Bar Association (2001)

    Getting Burned By a Knock Off, Home Furniture Magazine (1998)

    Protection of Designs, Foundation for Design Integrity (1997)

    Designers Want Copycats to Knock it Off, Wall Street Journal (1997)

    Protection of Product Configuration Using Copyright Laws, New York State Bar Association (1996)

    San Francisco Examiner, To Catch a Design Thief (March 1996)

    Pitfalls of Practice, Intellectual Property Law, Chapter 13, New York State Bar Association Guide for Young Lawyers (1994)

    Introduction to Trademark Law, Bright Ideas, New York State Bar Association, Intellectual Property Law Section Newsletter (1992)

    Primer on Intellectual Property Law, New York State Bar Association Pitfalls of Practice (1991)

  • News
  • Education
    • Albany Law School, J.D., 1984, cum Laude, Justinian Honor Society
    • BS in Chemistry from Union College, Phi Beta Kappa, with a full second major in German, 1981 Summa cum Laude
    • Swiss Federal Institute of Technology, Zurich Switzerland, Chemistry 1979-1980
  • Recognitions
    • 2018 AIC 2nd Circuit Professionalism Award Recipient
    • AV Preeminent® Martindale-Hubbell Judicial Rating
    • AV Preeminent® Martindale-Hubbell Peer Rating
    • 2017 and 2018 Presidential Rank Awards- Review Board and Counsel
    • 2011 Named as a T0P 25 Woman Lawyer (Upstate NY Division) –Super Lawyer
    • New York Super Lawyers 2007-2017
    • Corporate Counsel Super Lawyer
    • Honored as 1991 YWCA Today's Woman

    America's Top 100

    AV Preeminet

  • Memberships
    • NYS Bar Association
    • IP and Innovation American Inn of Court – Platinum Designation, Chairman of the IP and Innovation
    • Capital District Women’s Bar Association
    • Northern District of New York Federal Court Bar Association
  • Admissions
    • Supreme Court of the United States
    • Supreme Court, State of Illinois
    • United States District Court, Northern District of Illinois
    • United States Patent & Trademark Office
    • New York State Bar
    • New York State Supreme Court, Appellate Division, Third Department
    • United States District Court, Northern District of New York
    • United States District Court, Southern District of New York
    • United States District Court, Eastern District of New York
    • United States District Court, Western District of New York
    • United States Court of Appeals for the Federal Circuit
    • United States Court of Appeals for the First Circuit
    • United States Court of Appeals for the Second Circuit
    • United States Court of Appeals for the Seventh Circuit
    • State of Maine