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J. Trevor Cloak

Member

: Philadelphia
One Liberty Place
1650 Market Street
Suite 2800
Philadelphia, PA 19103
P: (215) 665-4702
TF: (800) 523-2900
F: (215) 665-2013

J. Trevor Cloak

Trevor focuses his practice on transactional and licensing matters, including all aspects of intellectual property due diligence in corporate transactions, and drafting and negotiating technology, software, and software-as-a-service agreements, Hosted Services Agreements, Master Software Development Agreements, Hosted Reseller Agreements, and Mobile Application End User License Agreements. Trevor also counsels clients with respect to trademark, copyright, and patent licenses, joint development agreements, non-disclosure and confidentiality agreements, employee invention assignments and confidentiality agreements, website terms and conditions, privacy policies, coexistence agreements, and settlement agreements. He is also knowledgeable regarding data security and data breach issues, trade secret law, domain name disputes, and rights of publicity and assists clients with trademark and copyright prosecution, enforcement and litigation, and patent litigation matters.

Trevor earned his bachelor's degree from Middlebury College where he graduated summa cum laude as an environmental studies and chemistry joint major. Trevor earned his law degree from Vanderbilt University Law School where he was an Order of the Coif and a member of the Vanderbilt Law Review. During law school, he interned at the U.S. Attorney's Office for the Eastern District of Pennsylvania. Following law school, he clerked for the U.S. Court of Appeals for the District of Columbia.

Experience

Represented Clark Capital Management Group, Inc. in connection with a trademark litigation against Navigator Investments, LLC, including successfully overcoming a motion to dismiss, which centered on a laches argument, in a trademark infringement case filed in federal court in Rhode Island. We then secured a favorable resolution of the matter on the eve of trial when the defendant agreed to discontinue use of our client’s mark.

Represented cigar manufacturer Drew Estate LLC and its affiliates in negotiating intellectual property-related representations, warranties, and corresponding agreements (including rights of publicity provisions) in connection with their sale to Swisher International, Inc., a manufacturer of mass market cigars. The sale included all of Drew Estate's premium cigar brands, including ACID and Liga Privada.

Negotiated intellectual property representations and warranties, conducted intellectual property due diligence, and advised UTZ Quality Foods, LLC, as to intellectual property matters in connection with Utz's purchase of the intellectual property (including the "Bachman" and "Jax" brands), distribution rights and certain other assets of The Bachman Company, a manufacturer of pretzels and cheese curls.

Negotiated a complex vendor agreement on behalf of a major business intelligence software solutions provider.

Represented Anexinet Corp., a leading systems integration and technology management firm, in its recapitalization agreement with Marlin Management Company, LLC.

Represented Advanced Discovery in its acquisition of all of the capital stock of Millnet Limited, the largest and longest established UK-based e-discovery and legal document services firm.

Represented an influencer marketing company in connection with its acquisition by a leading intelligent commerce intermediary. This multi-faceted transaction drew on the experience of the firm's corporate, tax, antitrust, employment, benefits, and intellectual property attorneys.

Represented Aramark Services, Inc. in connection with a trademark litigation brought by Shop412, LLC, including drafting, in substantial part, papers in response to a motion for a temporary restraining order, upon which Cozen O’Connor ultimately prevailed.

Advised a manager of alternative investment funds as to data security obligations and best practices in light of The Financial Industry Regulatory Authority's recent whitepaper on cybersecurity practices.

Represented American Music Theater in defending against copyright and trademark infringement claims brought by The Walt Disney Co.

Advised a mobile software application provider with respect to copyright licensing issues in the United States.

Provided litigation support for Beachbody, LLC and its BODY BEAST fitness program in defense of trademark infringement and unfair competition claims filed by USA Nutraceuticals.

Represented Pilot Air Freight Corp., a private air freight logistics, package forwarding, and delivery company, in connection with the sale of a controlling interest in the company to ATL Partners and British Columbia Investment Management Corp. The transaction required a complex reorganization of Pilot and its subsidiaries and drew on the experience of the firm's corporate, employee benefits, real estate, intellectual property, tax, and aviation regulatory attorneys.

Represented Utz Quality Foods, LLC in its acquisition of Inventure Foods, Inc. in a deal valued at $165 million. The transaction was completed via a cash tender offer for all outstanding shares of Inventure Foods common stock, followed by a merger of a wholly owned subsidiary of Utz into Inventure Foods pursuant to Section 251(h) of the Delaware General Corporation Law. Inventure Foods will operate as a wholly-owned subsidiary of Utz. Inventure Foods manufactures and sells salted snacks under the brands Boulder Canyon®, TGI Fridays™, Nathan’s Famous®, Vidalia Brands®, Poore Brothers®, Tato Skins®, and Bob’s Texas Style® and has manufacturing facilities in Arizona and Indiana. This complex and multi-faceted transaction drew on the experience of Cozen O’Connor’s corporate, tax, labor and employment, benefits, litigation, intellectual property, real estate, and environmental attorneys.

Represented Clark Capital Management Group, Inc. in connection with a trademark litigation against RiverSource Life Insurance Company, including successfully overcoming a motion to dismiss and motion for summary judgment, which centered on the defense of laches.

Served as lead trial counsel for Aramark Services, Inc. in successfully defending against a temporary restraining order (TRO) filed against its 412 SPIRITS kiosks in the Pittsburgh Steelers' stadium.

News

Intellectual Property Department Named Among Best Law Firm Corporate Practices

September 15, 2015

Cozen O'Connor's Intellectual Property was named the Best Law Firm Corporate Practice: Non-Litigation Intellectual Property in Pennsylvania by The Legal Intelligencer.

Cozen O'Connor Intellectual Property Department Named Team of the Year in Pennsylvania

September 14, 2015

Sponsored by both the International Associate of Lawyers and Swissport, the 2015 Legal Awards program selects winners based on their achievements and strengths over the past calendar year.

Cozen O’Connor Cybersecurity Conference Highlighted in The Wall Street Journal

May 09, 2013

In an article titled, "FBI: Delete Passwords of Ex-Employees," The Wall Street Journal highlights the firm's Cybersecurity Conference, held on Wednesday, May 8, at the W Hotel. Trevor Cloak, Joe Dever, Greg Fliszar, Brian Gillam, Steven Haas, Mike Schmidt, Stuart Shorenstein, Matthew Siegel, Ahren Tryon and Dave Walton presented during the seminar, along with Richard Aborn, President, Citizens Crime Commission of New York City and Austin P. Berglas, Assistant Special Agent in Charge for Cyber, FBI New York Field Office. To read the WSJ article, click here.

Fifty Shades of Copyright [Intellectual Property Magazine]

May 13, 2013

David B Sunshine and J Trevor Cloak explain what fan fiction authors need to know about copyright protection.

Webinar: Naked Licenses, Assignments-in-Gross and other Related Transactional Issues	Webinar	04/24/2018
Intellectual Property CLE Institute	Philadelphia, PA	10/05/2016
Cybersecurity: Protecting Sensitive Information	New York, NY	05/08/2013

Practice Areas

Intellectual Property

Trademark & Copyright

Domains

Cybersecurity & Privacy

Industry Sectors

Food & Beverage

Education

Vanderbilt University Law School, J.D., 2008
Middlebury College, B.A., summa cum laude, 2005

Bar Admissions

Court Admissions

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