Edward Weisz and Keren Goldberger co-authored an article about how the Second Circuit Court of Appeals recently made clear that Tiffany’s 73 trademarks — many registered in connection with jewelry — will not protect it against others using “Tiffany” when that term has become commonly used to describe a particular six-prong diamond ring setting.
Copyright is among the oldest and most enduring areas of law in the United States and it is now tasked with protecting content in a high-tech, digitized world that severely tests any effort to maintain ownership and control. As copyright law continues to evolve to address the realities of the modern marketplace, clients must have counsel who are one step ahead — who can see the law as it is and as it will be.
Cozen O’Connor’s team includes leading participants in the national debate over copyrights and content rights in the digital era, including a member of the American Law Institute’s Restatement of the Law – Copyright select committee, charged with developing the definitive guide to modern copyright law. Many of our attorneys are also content creators themselves, which gives them a unique perspective on the needs and concerns of copyright clients.
The firm serves global content creators, owners, users, and buyers with a diverse range of interests in the copyright field. We represent artists, designers, photographers, writers, software engineers, and musicians who seek to benefit fairly from their creative contributions and startups, nonprofits, and corporations who seek efficient and reliable access to content.
Prosecution & Counselling
The advising and transactional side of our practice is particularly robust, with attorneys regularly counselling clients on questions of copyrightability, registration, ownership, assignment, licensing, and fair use. Timeliness is critical to preserving rights and responsibilities under copyright law, so Cozen O’Connor works closely with both producers and buyers of content to implement proactive mechanisms for registering, monitoring, and enforcing copyrights.
Disputes & Litigation
The frequency and significance of copyright claims is unquestionably increasing, in part because copyrights are generally less expensive to advance than other IP rights and are subject to fee shifting and statutory damages provisions. With a national footprint and 60-member IP group, Cozen O’Connor has significant experience with filing, negotiation, and trial strategy in the copyright context as well as the capacity to handle major claims anywhere in the country.
Register for copyright protection
Obtain clearances for copyrighted works
Analyze complex ownership and assess client rights
Advise on portfolio and negotiate licensing agreements
Litigate copyright disputes as both plaintiff and defendant
Assist with major transactions involving copyright licensing and ownership issues
Navigate open-source licensing issues and other public content licensing schemes
Strategic advice on first-sale doctrine, reproduction, distribution, fair use derivative work rights, work-for-hire, assignment agreements, Digital Millennium Copyright Act, Orphan Works, and database protection.