Sarah Teresa Haddad

As the Managing Partner of Pendulum Legal PC, Sarah Haddad specializes in Intellectual Property Law. Sarah has over fifteen (15) years of experience in complex litigation, mostly as a top legal specialist in the practical application of the Law of Evidence, Civil Procedure, and Professional Ethics. Sarah is admitted to the New York State Bar, the United States Eastern District of New York, the United States Southern District of New York, and the United States Court of Appeals for the Second Circuit. Ms. Haddad obtained her American Bar Association Accredited Juris Doctor in 2008 and specialized in Intellectual Property Law at Fordham University School of Law. In 2005, Sarah majored in Pharmacology and Physiology (the medical sciences) at the University of Sydney. This background supports Sarah's current work in Intellectual Property Law in technical innovation and science industries. She has great appreciation for art, creativity, and innovation. Sarah works seasonally as an artist and music composer. Sarah's appreciation and work in the arts, gives her motivation to protect and maintain the creative steps of others through Intellectual Property Law.

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New South Wales, Australia

ID Number: 55216

2009-2018

New York

New York State Office of Court Administration

ID Number: 5761689

Since 2020

2nd Circuit

Attorney at Law

Pendulum Legal PC

2020 - 2024

Complex Commercial Litigation, Breach of Contract with Intellectual Property Law, Court of Appeal hearings in Civil Fraud, United States Federal Civil Procedure, New York State Civil Procedure, Hearing Officer in Administrative Law, Special Education Administrative Law Litigator, and Medical Appeals with a national Independent Review Body (Maximus).

Attorney at Law

Abrams Cohen & Associates

2019 - 2020

Healthcare Fraud, New York State Civil Procedure, and United States Federal Civil Procedure. During this role Ms. Haddad worked with Mr. Gary Abrams, current partner of Pendulum Legal PC and one of the former founding partners of Abrams Cohen & Associates.

Master of Laws Intellectual Property Specialization

Fordham University School of Law

2018 - 2018

Patent Litigation, Patents, Patent Practice Skills, Intellectual Property, Trademark Law, Compliance in the Information Age, and Antitrust Law.

Barrister at Law

Sarah Haddad Barrister at Law

2011 - 2017

An independent specialist advocate trained in the courtroom, in commissions of inquiry, and in alternative forms of dispute resolution; Sarah provided objective advice on particular legal problems for clients, other lawyers, businesses, and governments. The New South Wales Bar Association: https://nswbar.asn.au/ Sarah Haddad's Chambers were located at the following Barrister Chambers: Frederick Jordan Chambers, Fourth Floor Selborne Chambers, Queens Square Chambers, 8 Wentworth Chambers, and Latham Chambers. As a former Barrister at Law, Ms. Haddad was one of two thousand top legal specialists in the country. This involved applying in complex cases the Law of Evidence, Civil Procedure, and Professional Ethics.

Fordham University School of Law

LL.M. | Intellectual Property Law

Honors: Outstanding Performance in Compliance in the Information Age (marked anonymously).

Activities: Patent Litigation, Patent Law, Trademark Law, Antitrust, Compliance in the Information Age (Outstanding Performance), and all other aspects of Intellectual Property Law.

University of Technology Sydney

American Bar Association Juris Doctor (2008)

2006 - 2008

Intellectual Property: Law and Policy. Property Transactions. While studying the American Bar Association accredited Juris Doctor Ms. Haddad worked full time and overtime assisting a Barrister at Law, Dr. Charles Moschoudis, in complex litigation.

Honors: Distinctions in Legal Skills, Legal Research, Law and Medicine, Biomedical Law and Bioethics. Ms. Haddad was working full time and over time assisting in complex litigation throughout the duration of this degree. The University of Technology Sydney is the 68th best law school in the world: https://www.topuniversities.com/university-subject-rankings/law-legal-studies?page=2

Activities: Administrative Law, Criminal Law, Federal Constitutional Law, Law of Contract, Law of Torts, Legal Process and History, Real Property, Biomedical Law and Bioethics (Distinction), Corporate Law, Equity and Trusts, Legal Research (Distinction), Law and Medicine (Distinction), Law of Evidence, Personal Property, Remedies, Professional Conduct 1, Professional Conduct 2, Advocacy, Civil Litigation, Legal Skills (Distinction), Practical Experience, Succession, Commercial and Estate Practice.

The University of Sydney

Ph.D. | Pharmacology and Physiology

2006

Sarah studied course work, carried out research, and experiments in Pharmacology Fundamentals, Integrated Physiology A, Concepts in Neuroanatomy, Molecules, Metabolism, and Cells, Intro Pharmacology: Drugs and People, Integrated Physiology B, Molecular Pharmacology and Toxicology, Human Cellular Physiology, Neuro- and Cardiovascular Pharmacology, and Heart and Circulation (Distinction). This background supports Sarah's current work in Intellectual Property Law in technical innovation & science.

Honors: Distinction in Heart and Circulation (Physiology).

Activities: United States Equivalent PhD in Pharmacology and Physiology, which is an Australian Bachelor of Science majoring in Pharmacology and Physiology. Sarah studied course work, carried out research, and experiments in Concepts in Biology, Chemistry 1A, Differential Calculus, Linear Algebra, Physics I (fundamentals), Human Biology, Chemistry 1B, Integral Calculus and Modelling, Statistics, Physics 1 (Environmental & Life Science), Principles of Histology, Molecular Biology and Genetics A.

Client Rating

Martindale-Hubbell

2024

National Association of Administrative Law Judiciary

Member

2024 - Current

Maine State Bar Association

Member

2024 - Current

New York County Lawyers' Association

Ethics Committee Member and Member

2020 - 2023

Activities: Participated in Ethics Committee meetings.

NYC Bar Association

Litigation Committee Member and Member

2019 - 2022

Activities: Participated in Litigation Committee meetings and social functions.

New York State Bar Association

Member

2019 - 2022

Fair Use in Copyright Law: Is the purpose in using copyrighted material plainly different from the original purpose for which it was created?

Pendulum Legal PC

December 14, 2024

Patent Eligibility: Applying an Abstract Idea to a New and Useful End

Pendulum Legal PC

October 22, 2024

The title of one creative work versus the title of a series of creative works for trademark

Pendulum Legal PC

October 19, 2024

Advising a Petitioner for Patent Inter Partes Review and concurrent District Court Proceedings

LinkedIn

2018

Artificial Intelligence and Intellectual Property Law, Presentation, 99 Madison Avenue, Floor 15, New York, NY 10016

November 20, 2024

NYC AI Users: AI Regulation and Architecture

Sarah's talk will discuss the intersection between Artificial Intelligence (AI) and Intellectual Property. Sarah will discuss the Intellectual Property of training data that is integral to the success of all AI systems. She will discuss how Intellectual Property can protect AI models, the interrelationship between data input and the questions around Intellectual Property protection for AI output.

Q. What can be my counter proposal when a publishing company that wants to have my music recordings in their catalogue

January 20, 2025

A: “Moral rights" such as whether an artist would like, for example, songs recorded by another artist or made available on certain platforms, are often addressed in terms of “economics” and not the author's (artistic) message or intent in the United States. Alternatively, the Visual Artists Rights Act of 1990 provides for moral rights protection for creators of visual arts and sculptures in the United States. Unlike laws in European counterparts such as France and Germany, U.S. copyright law is relatively silent on the matter of moral rights and attribution regarding copyrighted musical works and sound recordings. The issue of moral rights for musical recordings within the United States is therefore not a separate consideration to Copyright Ownership of the recordings, where moral rights for these recordings is considered part of its economic value.

If the agreement you are entering into with the publishing company includes reproduction and/or distribution of the musical recordings outside of the United States your counter proposal would be to retain your moral rights where it is recognized in a country outside the United States on platforms based in those countries. With respect to the part of the agreement within the United States, your counter proposal would be that there is no separate consideration for moral rights for musical recordings and that they ought to have already been considered as part of the economic considerations of copyright ownership under the publishing agreement. ... Read More

Q. If I write a song then someone writes the same song or steals my song and copyrights it, can I still copyright my song?

December 27, 2024

A: You would need to have evidence that you are the author of the song and make a claim of copyright infringement. If it is the same song that has already been registered, this would be the correct course of action to seek primary relief.

You can still try to register your song at the US Copyright Office as soon as possible. If your application is rejected based on an existing registration you can file a request for reconsideration to argue why the office should not have granted the other party's registration. These steps would support your claim of ownership.

Even if you successfully challenge a registration at the Copyright Office, the final determination of copyright ownership may still need to be decided in a court of law. ... Read More

Q. Does using a company's name in a domain for independent stock information violate trademark law?

November 12, 2024

A: If you are not using the mark to establish a brand in the selling of goods and services, using the mark as part of a domain name for a website is usually considered minimal use and not sufficient to constitute trademark infringement.

Consider my annotation to this case where the mark was purchased at auction as a search term for advertising by a completing company that was not considered trademark infringement: https://law.justia.com/cases/federal/appellate-courts/ca2/22-1634/22-1634-2024-10-08.html#annotation

Consider part of this article where the courts have held that visits to a website where the mark is part of a domain name is considered minimal use: https://wordpress.com/pag e/pendulumlegal.com/699 ... Read More

Capitol Records v. Vimeo

U.S. Court of Appeals for the Second Circuit

CLOUDOFCHANGE, LLC v. NCR CORPORATION

U.S. Court of Appeals for the Federal Circuit

MIRROR WORLDS TECHNOLOGIES, LLC v. META PLATFORMS, INC.

U.S. Court of Appeals for the Federal Circuit

Structured Asset Sales, LLC v. Sheeran

U.S. Court of Appeals for the Second Circuit