Eric Osterberg brings deep expertise in copyright, trademark, and IP litigation and licensing to his role at Dilworth IP. He represents software companies, music and book publishers, entertainment and media companies, advertising agencies, manufacturers, and companies with valuable brands and IP properties across a wide range of matters.
Eric’s litigation practice covers the full spectrum of IP disputes, including copyright, trademark and trade dress infringement, trade secret misappropriation, patent and design patent infringement, counterfeiting, license disputes, and false advertising. He has served as lead trial counsel in federal and state courts across the country.
Eric counsels clients on IP licensing, clearance and procurement, including software development and SaaS agreements, music and content licenses, and trademark licenses. He serves as outside general counsel to several innovative companies and has helped growing foreign businesses establish a legal foundation for entering the U.S. market.
He is a recognized authority on copyright law, with published works and professional contributions that have shaped how practitioners and courts approach copyright infringement analysis.
Outside of his legal practice, Eric is passionate about hockey, music, rugby, and poetry. He serves on the Town of Hull’s Advisory Committee.
Accomplishments
- Co-author of Substantial Similarity in Copyright Law (PLI), a leading treatise on the analysis of copyright infringement claims, with annual updates published since 2003
- Drafted ABA model jury instructions for copyright infringement cases (published spring 2008)
- Served on the AIPLA panel that revised the AIPLA's model jury instructions for patent infringement cases
- Served on the editorial board of the AIPLA Quarterly Journal (2011–2014)
- Martindale-Hubbell AV Rated
Publications & Presentations
- Substantial Similarity in Copyright Law, with Robert Osterberg, Practising Law Institute (2003–present)
- Copyright Infringement: Analyzing Substantial Similarity, Thomson Reuters Practical Law (updated annually)
- Model Jury Instructions: Copyright, Trademark and Trade Dress Litigation, ABA Publishing (2008)
- Should Sound Recordings Really Be Treated Differently Than Other Copyrighted Works? The Illogic of Bridgeport v. Dimension Films, 53 J. Copyright Soc'y U.S.A. 619 (2006)
- A Primer on Intellectual Property Risk Management and Insurance, Les Nouvelles (2003), republished in The Licensing Journal (2003)