Toby Butterfield

Lecturer in Law

Office: Frankfurt Kurnit Klein & Selz, PC
488 Madison Ave, 10th floor
New York NY 10022
Tel: 212 826-5567
Email: tbutterfield@fkks.com

Toby Butterfield is a partner in the firm’s Litigation and Intellectual Property Groups. Mr. Butterfield has 20 years of experience litigating and counseling on copyright, trademark, defamation, digital media, and commercial matters.

Mr. Butterfield’s clients include media and entertainment companies, and designers and manufacturers of luxury goods. His recent work includes successfully representing the owner and publisher of Business Traveller magazine in a trademark licensing dispute with a competitor; settlement of CBS v. FilmOn, a case involving claims by the major networks against an Over The Top streaming media technology company; and obtaining emergency injunctive relief for HIT Entertainment, Inc. -- owner of Barney®, Thomas the Tank Engine™ and Bob the Builder® -- effectively shutting down the manufacturer and distributor of counterfeit adult costumes of those well known characters.

Mr. Butterfield writes and speaks frequently for bar associations and industry organizations. He is co-chair of the Entertainment Business Law Seminar at NYU during the annual CMJ Music Festival.  He authored “Coming to Terms: Hidden Traps for Media Entities and Producers in Website Terms of Use,” for the ABA’s Landslide, and the first chapter of “Counseling Content Providers in the Digital Age” on defamation for the New York State Bar Association. He also regularly writes for Media Law Resource Center publications on Fair Use, Copyright Termination, the Digital Millennium Copyright Act, and other hot topics. He has lectured at the Practicing Law Institute and at legal and television industry conferences all over the world.  He is also an Adjunct Professor at Cardozo Law School, where he teaches on Media and Entertainment Law.

Mr. Butterfield chaired the New York City Bar’s Committee on Entertainment Law, its Committee on State Courts of Superior Jurisdiction, WNYC Radio’s Community Advisory Board.  and was the Administrator of the New York State Supreme Court Screening Panel for Democratic Party judicial candidates in New York County.  He has appeared on BBC World News, Forbes TV, and been quoted by The New York Times and many other news and legal publications.

Prior to joining the firm, Mr. Butterfield was a partner at Cowan, DeBaets, Abrahams & Sheppard LLP. He is admitted to practice in New York state and federal courts, including the U.S. Supreme Court, the U.S. Court of Appeals for the Second Circuit, and District Courts for the Southern and Eastern Districts of New York.