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    Mary Ellen photograph

    Mary Ellen Roy

    Partner

    New Orleans
    504-584-9254
    maryellen.roy@phelps.com
    Areas Of Focus
    Media and First Amendment LawIntellectual PropertyLitigation

    Clients in the media and entertainment world rely on Mary Ellen Roy to protect their rights when they come under scrutiny. With clients ranging from chart-topping entertainers to local news media reporters, Mary Ellen is a sought-after litigator of intellectual property, First Amendment and other media-related issues. She works with musicians, publishers, advertising agencies, television and film producers, and other content providers to address their current legal issues as well as their longer-term artistic and business interests. That ability to maintain a career-long perspective cements the trust between Mary Ellen and her clients.

    For more than three decades, Mary Ellen has advised media and entertainment companies in the areas of intellectual property, defamation, privacy and business litigation. She handles copyright and trademark advice and counseling, licensing, prosecutions and disputes before the U.S. Copyright Office, the Patent and Trademark Office and the Trademark Trial and Appeal Board.

    She has experience with various Internet legal issues, including domain name disputes in international arbitrations before the World Intellectual Property Organization (WIPO), data privacy, terms of use policies for websites and anonymous speech postings.

    Outside of media and entertainment law, Mary Ellen has represented electric, gas and water utilities in legal disputes and regulatory proceedings, as well as corporate clients and professionals in a wide variety of litigation and counseling matters.

    She has experience with various Internet legal issues, including domain name disputes in international arbitrations before the World Intellectual Property Organization (WIPO), data privacy, terms of use policies for websites and anonymous speech postings.

    Outside of media and entertainment law, Mary Ellen has represented electric, gas and water utilities in legal disputes and regulatory proceedings, as well as corporate clients and professionals in a wide variety of litigation and counseling matters.

    Experience

    Media and First Amendment Law

    • Obtained voluntary dismissal of defamation and invasion of privacy action brought against true crime series podcasting producers.
    • Won appellate decision, and substantial lawyers’ fees award, holding no inheritable right of publicity in Louisiana.
    • Obtained dismissal of misappropriation of likeness claims brought by heirs of subject of motion picture docudrama.
    • Obtained dismissal of privacy misappropriation claims arising out of reality television police procedural series in Mississippi state court.
    • Obtained voluntary dismissal of defamation and privacy claims against national social media company in action arising out of dispute between celebrity influencers.
    • Obtained partial dismissal of defamation, invasion of privacy, and civil rights action against production company and network distributor arising out of reality television crime series.
    • Obtained right to intervene on behalf of several national news media outlets in public master’s proceedings over discovery disputes with sports team in action involving sexual abuse claims.
    • Advised self-published author on defamation, invasion of privacy and other exposure risks and vetted whistleblower memoir.
    • Defended celebrity defendant in defamation and privacy action arising out of reality bounty hunter show.
    • Represented coalition of 10 news media organizations to open court proceedings in Mychal Bell/Jena Six juvenile case.
    • Successfully represented national television cable news channel to obtain Katrina death autopsy reports.
    • Successfully defended television news reporter threatened with contempt for reporting news of possible plea bargain and refusing to disclose confidential source in first capital murder case in post-Katrina New Orleans.
    • Obtained dismissal of national civil liberties organization in defamation suit brought by public school teacher of student who was disciplined after telling another student that his mother was gay.
    • Obtained reversal of adverse prior restraint court decision ordering newspaper not to publish news relating to legal malpractice case.
    • Served as First Amendment counsel to organization comprised of Chief Executive Officers of the largest corporations in New Orleans regarding lobbying, speaking out and publishing newspaper ads regarding controversial issues in post-Katrina New Orleans.
    • Obtained dismissal of Miami radio station in defamation and intentional infliction of emotional distress action brought in Florida by appliance store sales manager on ground that plaintiff was a limited purpose public figure and had not alleged sufficient facts to demonstrate actual malice.
    • Obtained dismissal of book publisher, editor, author and photographer in misappropriation of likeness and false light invasion of privacy lawsuit brought by Mardi Gras parade reveler pictured on cover of irreverent travel book.
    • Obtained dismissal of television station in defamation/invasion of privacy action brought by former public official forced to retire from state job after television broadcast showing him shoving photographer and cursing news crew. Won judgment of lawyers’ fees.
    • Successfully defended two New Orleans television stations and political pollster in three separate lawsuits in state and federal courts brought by mayoral candidates suing for injunctive relief and damages to require stations to include them in candidate debates. Won judgment awarding $25,000 in lawyers’ fees under state anti-SLAPP statute.
    • Successfully defended television station in lawsuit brought by minor alleging respondeat superior liability, negligent hiring and supervision in connection with news reporter accused of sexually molesting minor using company vehicle during working hours.

    Intellectual Property Law

    • Obtained dismissal of copyright infringement action brought by local musician against national hip hop act and won substantial lawyers’ fee award against plaintiff and lawyer.
    • Defended national streaming company in copyright action brought by local author over award-winning television series.
    • Defeated opposition to federal trademark registration on behalf of restaurant business in family dispute over name.
    • Defended motion production studio in copyright action by local artist arising out of locally filmed horror movie and sequel.
    • Represent nationwide publisher of niche magazines in copyright and trademark matters throughout Southeast.
    • Successfully represented kennel club in trademark cancellation proceeding against competitor.
    • Defeated motion for preliminary injunction to enjoin broadcast of television reality show involving allegations of trademark infringement.
    • Defeated motion for preliminary injunction to enjoin publication of online business publication involving alleged theft of trade secrets.
    • Represented sports marketing firm in trademark infringement actions against national beer manufacturer and professional football team.
    • Advised renowned Mardi Gras krewe on trademark and copyright issues relating to parade floats.
    • Represented documentary film producers in action for Lanham Act and contract violations. Achieved early settlement.
    • Won early dismissal representing television producer in idea theft case relating to kitchen television show.
    • Won dismissal of Lanham Act false endorsement claim brought by musician against national fitness company.
    • Defended national magazine publisher in copyright infringement suit brought in Tampa, Florida.
    • Advised national soft drink manufacturer in Atlanta regarding right to publicity issues concerning museum opening.
    • Defended national computer manufacturer in trademark dilution claim brought by public facility with same name as defendant’s high-end computer server.
    • Defended national brewery in copyright infringement action brought by local musician arising out of national advertising campaign.
    • Defended national legal textbook publisher in appropriation of likeness action brought by local lawyer/judge.
    • Defended national domain name registrar in cybersquatting litigation in federal court in New Orleans.
    • General counsel to legal advertising/video production firm with national clientele.
    • Represented real estate developer in WIPO international arbitration in domain name dispute.
    • Prosecuted before Patent & Trademark Office (PTO) and Trademark Trial & Appeal Board (TTAB) several contested trademark registrations for art museum.
    • Obtained dismissal of national record label in invasion of privacy action brought by fan who was filmed, allegedly without her consent, for music video.
    • Obtained partial dismissal of defamation, invasion of privacy, and civil rights action against production company and network distributor arising out of reality television crime series.
    • Obtained right to intervene on behalf of several national news media outlets in public master’s proceedings over discovery disputes with sports team in action involving sexual abuse claims.
    • Advised self-published author on defamation, invasion of privacy and other exposure risks and vetted whistleblower memoir.
    • Defended celebrity defendant in defamation and privacy action arising out of reality bounty hunter show.
    • Represented coalition of 10 news media organizations to open court proceedings in Mychal Bell/Jena Six juvenile case.
    • Successfully represented national television cable news channel to obtain Katrina death autopsy reports.
    • Successfully defended television news reporter threatened with contempt for reporting news of possible plea bargain and refusing to disclose confidential source in first capital murder case in post-Katrina New Orleans.
    • Obtained dismissal of national civil liberties organization in defamation suit brought by public school teacher of student who was disciplined after telling another student that his mother was gay.
    • Obtained reversal of adverse prior restraint court decision ordering newspaper not to publish news relating to legal malpractice case.
    • Served as First Amendment counsel to organization comprised of Chief Executive Officers of the largest corporations in New Orleans regarding lobbying, speaking out and publishing newspaper ads regarding controversial issues in post-Katrina New Orleans.
    • Obtained dismissal of Miami radio station in defamation and intentional infliction of emotional distress action brought in Florida by appliance store sales manager on ground that plaintiff was a limited purpose public figure and had not alleged sufficient facts to demonstrate actual malice.
    • Obtained dismissal of book publisher, editor, author and photographer in misappropriation of likeness and false light invasion of privacy lawsuit brought by Mardi Gras parade reveler pictured on cover of irreverent travel book.
    • Obtained dismissal of television station in defamation/invasion of privacy action brought by former public official forced to retire from state job after television broadcast showing him shoving photographer and cursing news crew. Won judgment of lawyers’ fees.
    • Successfully defended two New Orleans television stations and political pollster in three separate lawsuits in state and federal courts brought by mayoral candidates suing for injunctive relief and damages to require stations to include them in candidate debates. Won judgment awarding $25,000 in lawyers’ fees under state anti-SLAPP statute.
    • Successfully defended television station in lawsuit brought by minor alleging respondeat superior liability, negligent hiring and supervision in connection with news reporter accused of sexually molesting minor using company vehicle during working hours.

    Intellectual Property Law

    • Obtained dismissal of copyright infringement action brought by local musician against national hip hop act and won substantial lawyers’ fee award against plaintiff and lawyer.
    • Defended national streaming company in copyright action brought by local author over award-winning television series.
    • Defeated opposition to federal trademark registration on behalf of restaurant business in family dispute over name.
    • Defended motion production studio in copyright action by local artist arising out of locally filmed horror movie and sequel.
    • Represent nationwide publisher of niche magazines in copyright and trademark matters throughout Southeast.
    • Successfully represented kennel club in trademark cancellation proceeding against competitor.
    • Defeated motion for preliminary injunction to enjoin broadcast of television reality show involving allegations of trademark infringement.
    • Defeated motion for preliminary injunction to enjoin publication of online business publication involving alleged theft of trade secrets.
    • Represented sports marketing firm in trademark infringement actions against national beer manufacturer and professional football team.
    • Advised renowned Mardi Gras krewe on trademark and copyright issues relating to parade floats.
    • Represented documentary film producers in action for Lanham Act and contract violations. Achieved early settlement.
    • Won early dismissal representing television producer in idea theft case relating to kitchen television show.
    • Won dismissal of Lanham Act false endorsement claim brought by musician against national fitness company.
    • Defended national magazine publisher in copyright infringement suit brought in Tampa, Florida.
    • Advised national soft drink manufacturer in Atlanta regarding right to publicity issues concerning museum opening.
    • Defended national computer manufacturer in trademark dilution claim brought by public facility with same name as defendant’s high-end computer server.
    • Defended national brewery in copyright infringement action brought by local musician arising out of national advertising campaign.
    • Defended national legal textbook publisher in appropriation of likeness action brought by local lawyer/judge.
    • Defended national domain name registrar in cybersquatting litigation in federal court in New Orleans.
    • General counsel to legal advertising/video production firm with national clientele.
    • Represented real estate developer in WIPO international arbitration in domain name dispute.
    • Prosecuted before Patent & Trademark Office (PTO) and Trademark Trial & Appeal Board (TTAB) several contested trademark registrations for art museum.
    • Obtained dismissal of national record label in invasion of privacy action brought by fan who was filmed, allegedly without her consent, for music video.

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    • August 17, 2023

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    • July 19, 2023

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    • June 1, 2023

      Chambers USA 2023 Ranks 20 Phelps Practice Areas and 60 Lawyers…

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    • December 19, 2022

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    • November 16, 2022

      Mississippi Arts Commission Presents Ask A Lawyer: Small Claims and Copyright…

    • November 1, 2022

      Five Phelps Lawyers Selected to New Orleans Magazine’s Top Lawyers List…

    • October 25, 2022

      New Orleans CityBusiness Leadership in Law Honors Phelps Partners Pablo Gonzalez and Mary Ellen Roy…

    • August 18, 2022

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    • July 28, 2022

      The ELLA Project Presents Copyright Small Claims Court…

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    • March 30, 2022

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    • March 8, 2022

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    • January 7, 2022

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    • December 29, 2021

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    • July 16, 2021

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    • May 20, 2021

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    • May 20, 2021

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    • April 7, 2021

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    • February 24, 2021

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    • February 23, 2021

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    • February 9, 2021

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    • January 4, 2021

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    • December 28, 2020

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    Recognition

    • AV Preeminent Peer Review Rated, Martindale-Hubbell
    • Advertising Law (2023-2025), Litigation- First Amendment (2011-2025), Litigation Intellectual Property (2011-2025), Media Law (2018-2025), "Lawyer of the Year" Litigation Intellectual Property (2016, 2019), "Lawyer of the Year" Litigation - First Amendment (2022, 2024), The Best Lawyers in America
    • Louisiana Super Lawyers (2007-2025), Top 25 Louisiana Women Super Lawyers (2015), Super Lawyers
    • Trademark Star, Copyright Star, Managing Intellectual Property 
    • Top Lawyers: Communications Law, First Amendment Law, Intellectual Property, New Orleans Magazine
    • Chambers USA: America's Leading Lawyers for Business - Intellectual Property
    • AV Preeminent Peer Review Rated, Martindale-Hubbell
    • Advertising Law (2023-2025), Litigation- First Amendment (2011-2025), Litigation Intellectual Property (2011-2025), Media Law (2018-2025), "Lawyer of the Year" Litigation Intellectual Property (2016, 2019), "Lawyer of the Year" Litigation - First Amendment (2022, 2024), The Best Lawyers in America
    • Louisiana Super Lawyers (2007-2025), Top 25 Louisiana Women Super Lawyers (2015), Super Lawyers
    • Trademark Star, Copyright Star, Managing Intellectual Property 
    • Top Lawyers: Communications Law, First Amendment Law, Intellectual Property, New Orleans Magazine
    • Chambers USA: America's Leading Lawyers for Business - Intellectual Property

    Education

    • Harvard Law School, J.D., cum laude, 1984
    • University of Louisiana at Lafayette, B.A., summa cum laude, 1981
    • Harvard Law School, J.D., cum laude, 1984
    • University of Louisiana at Lafayette, B.A., summa cum laude, 1981

    Credentials

    • Louisiana
    • U.S. District Court, Western District of Louisiana
    • U.S. District Court, Middle District of Louisiana
    • U.S. District Court, Eastern District of Louisiana
    • U.S. Court of Appeals for the Fifth Circuit
    • Louisiana
    • U.S. District Court, Western District of Louisiana
    • U.S. District Court, Middle District of Louisiana
    • U.S. District Court, Eastern District of Louisiana
    • U.S. Court of Appeals for the Fifth Circuit

    Memberships and Affiliations

    • Louisiana Bar Foundation (Fellow)
    • ABA Communications Law Forum, Women in Communication Law (former Co-Chair)
    • ABA Communications Law Forum (Governing Board, 2005-2008)
    • ABA Section of Litigation, Regional Meetings Subcommittee, Intellectual Property Litigation Committee (Chair, 2002-2005)
    • Louisiana State Bar Association, Intellectual Property Law Section (Chair, 2003-04)
    • Media Law Resource Center - Defense Counsel Section
    • Louisiana Board of Regents, Statewide Coordinating Commission for Higher Education (At-Large Member and Executive Committee, 2006-2011)
    • Louisiana Blue Ribbon Commission for Educational Excellence (Co-Chair, 2007-2011)
    • New Orleans Pro Bono Project (former Officer and Director)
    • Association of Women Attorneys
    • Louisiana Coalition for Open Government (Board Member)
    • Biennial National Media Law Conference, MLRC/NAA/NAB (Co-Chair, 2006 and 2008)
    • Sedona Conference Working Group on Protective Orders, Confidentiality and Public Access (Former Steering Committee Member)
    • Harvard Club of Louisiana (Former President)
    • Louisiana Bar Foundation (Fellow)
    • ABA Communications Law Forum, Women in Communication Law (former Co-Chair)
    • ABA Communications Law Forum (Governing Board, 2005-2008)
    • ABA Section of Litigation, Regional Meetings Subcommittee, Intellectual Property Litigation Committee (Chair, 2002-2005)
    • Louisiana State Bar Association, Intellectual Property Law Section (Chair, 2003-04)
    • Media Law Resource Center - Defense Counsel Section
    • Louisiana Board of Regents, Statewide Coordinating Commission for Higher Education (At-Large Member and Executive Committee, 2006-2011)
    • Louisiana Blue Ribbon Commission for Educational Excellence (Co-Chair, 2007-2011)
    • New Orleans Pro Bono Project (former Officer and Director)
    • Association of Women Attorneys
    • Louisiana Coalition for Open Government (Board Member)
    • Biennial National Media Law Conference, MLRC/NAA/NAB (Co-Chair, 2006 and 2008)
    • Sedona Conference Working Group on Protective Orders, Confidentiality and Public Access (Former Steering Committee Member)
    • Harvard Club of Louisiana (Former President)
    • Overview
    • Experience
    • Insights
    • Recognition
    • Education
    • Credentials
    • Memberships and Affiliations

    Related Services

    • Litigation
    • Franchise and Distribution
    • Intellectual Property
    • Media and First Amendment Law
    • Unfair Competition and Business Torts
    • Media, Sports and Entertainment
    • Artificial Intelligence (AI)
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