Copyright & Content

Featured Publication:

The Price of Fame: Tiffany Settles 8-Year Lawsuit With Costco Over Use of Company Name in Ring Displays [Total Retail]

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.

More

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.

Services

  • Determine copyrightability
  • 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.

Publications

The Price of Fame: Tiffany Settles 8-Year Lawsuit With Costco Over Use of Company Name in Ring Displays [Total Retail]

August 31, 2021

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.

Do Green Certification Marks Lead to Greener Consumption? [The Legal Intelligencer]

March 24, 2021

Julie Dostal authored an article on the use of green trademarks and whether it has an impact on consumers’ purchasing habits and effectively promotes more sustainable, green consumption.

Hatch-Waxman and BPCIA Cases and Trends to Watch in 2021 [IPWatchdog]

January 25, 2021

Blake Coblentz and Aaron Lukas co-authored an article about two major cases in 2021 that could have long-lasting effects on where and how Hatch-Waxman and Biologics Price Competition and Innovation Act (BPCIA) cases are litigated.

Controlled Substances, CBD and COVID-19 [Alert]

April 10, 2020

Ashley Kessler and Jon Gale discuss recent developments on the state and federal levels that impact the cannabis industry.

Stairway to Heaven: End of the Inverse Ratio Rule Apophthegm [Daily Business Review]

March 16, 2020

Samuel Lewis wrote an article about the U.S. Court of Appeals for the Ninth Circuit's decision on a intellectual property case involving the Led Zeppelin song "Stairway to Heaven."

Kylie Jenner's 'Stormi' TM Battle Evinces A Celebrity Catch-22 [Law360]

March 13, 2020

Edward Weisz and Brianne Polito co-authored an article about Kylie Jenner filing various trademarks for her daughter.

4 Reasons Software Copyright Lawsuits Are On The Rise [Law360]

December 13, 2019

Hugh Marbury and Armeen Mistry wrote about why there has been an increase in software copyright lawsuits.

First to File, First to Amend or First to Use Hemp Products [Alert]

October 14, 2019

Ashley Kessler reviews trademark applicant process for hemp and hemp-derived CBD products and how date of “first use anywhere” and “date of first use in commerce” could impact who gets the trademark.

Right of Publicity and Fair Use: Sure to Raise Eyebrows [New York Law Journal]

August 23, 2019

Edward Weisz and Brianne Polito wrote about companies using the name of a celebrity as a tie-in to a product seeking to connote a celebrity's characteristic or feature.

CBD Is Still Not Free (To Register): An Update on Trademark Registration Guidelines for Cannabis Products [Alert]

May 06, 2019

The USPTO issued an examination guide on May 2, 2019 regarding the examination of trademarks for cannabis and cannabis-related goods and services after the enactment of the 2018 Farm Bill. The Guide answers some questions about how applications are going to be reviewed going forward, and how current pending applications are going to be reviewed, but also opens up a whole host of additional questions and uncertainties.

Guidance on Enforcing and Defending Intellectual Property Rights on Amazon [New York Law Journal]

March 22, 2019

Edward Weisz and Alanna Miller wrote about Amazon's process for managing infringement and counterfeit allegations.

The Federal Circuit Redefines Secondary Meaning and Infringement for Product Trade Dress in Converse [Alert]

November 19, 2018

Camille M. Miller and Darren S. Mogil discuss the Federal Circuit opinion that finds registered trade dress carries a presumption of secondary meaning only prospectively from the date of registration and product design trade dress can only infringe if it is substantially similar to the protected trade dress.

Copyright Monkey Business [Digital Photo Pro]

July 18, 2017

Samuel Lewis, a member of Cozen O'Connor's Intellectual Property department, discusses a recent photo copyright case on Digital Photo Pro.

In The News

Wizards and Demons: Does a Copyright Claim Spell Trouble for Card Gamers?

September 20, 2021

Lisa Ferrari spoke with World Intellectual Property Review about a problematic copyright grant that has upset players of the card game, Magic: the Gathering.

More Than 205 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 19, 2021

Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.

WTR Global Leaders - Camille Miller

July 15, 2021

In an interview with World Trademark Review, Camille Miller discussed her career, the trademark landscape, and the firm's Intellectual Property Department.

Intellectual Property Department and Camille Miller Recognized by Patexia

June 29, 2021

Cozen O’Connor’s Intellectual Property Department and Co-Chair Camille Miller have been recognized by Patexia in their Trademark Intelligence Report, a comprehensive report showcasing the best performing and most active trademark prosecution law firms and lawyers.

Intellectual Property Department Recognized by World Trademark Review 2021

April 15, 2021

Cozen O'Connor’s Intellectual Property Department was recognized by World Trademark Review 1000.

YouTube’s ‘Checks’ copyright system: what lawyers think

April 09, 2021

David Sunshine was quoted in World IP Review discussing YouTube's new ‘Checks’ system.

Cozen O’Connor Recognized as a “Best Law Firm” in 25 Practice Areas Nationwide, 115 Practice Areas Regionally

November 05, 2020

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 25 practice areas nationwide and 115 practice areas regionally.

BuzzFeed’s Loss in Photo Case Affirmed by Second Circuit

August 13, 2020

Samuel Lewis was quoted in Bloomberg Law discussing copyright management information and BuzzFeed being liable under the Digital Millennium Copyright Act for altering a photographer’s credit for a picture and publishing the photo in an article without permission.

Cozen O’Connor Welcomes Miami-based Litigator Danielle N. Garno

February 24, 2020

Cozen O’Connor announced Danielle N. Garno, a seasoned litigator, who has joined the firm from Greenberg Traurig, will be a member in the firm’s Miami office. Garno will chair Cozen O'Connor’s Retail Industry Team and lead the firm’s fashion, beauty, and luxury goods practice.

Intellectual Property Department Recognized by World Trademark Review 2020

February 20, 2020

Cozen O'Connor’s Intellectual Property Department was recognized by World Trademark Review 1000.

Camille Miller Honored by Corporate LiveWire

February 10, 2020

Camille Miller was named the Corporate LiveWire IP Dispute Lawyer of the Year.

Fashion Fights Heading to the Supreme Court

January 13, 2020

Edward Weisz was quoted in Women's Wear Daily discussing trademark lawsuits involving fashion.

Cozen O’Connor Recognized As a Best Law Firm in 24 Practice Areas Nationwide, 106 Practice Areas Regionally

November 05, 2019

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their field.

Four Cozen O'Connor Attorneys Named Managing Intellectual Property IP Stars

October 15, 2019

Four members of Cozen O'Connor’s Intellectual Property Group, Frank Abramonte, Thomas Fisher, James Gale, and Hugh Marbury, have all been named IP Stars by Managing Intellectual Property.

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 28, 2019

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

Why You Can’t Call It a Barcade

March 14, 2019

Camille Miller discussed with Eater her experience working with Barcade and enforcing its trademark.

Outside Counsel: Federal Trademarks Still Difficult to Obtain for Cannabis Companies

February 08, 2019

Edward Weisz discussed with Corporate Counsel how different strains of cannabis can be registered with the U.S. Patent and Trademark Office under the federal patent law which allows for patents to be places on plants.

Intellectual Property Department Recognized by World Trademark Review 2019

February 07, 2019

According to the publication, Cozen O’Connor scores a 10 out of 10 from clients.

Cozen O'Connor's Intellectual Property Department Continues to Rank Among Top Trademark Litigation Firms in the Country

October 08, 2018

Cozen O'Connor has been named among the top law firms for trademark litigation by Lex Machina in its intellectual property analytics for 2018.

Cozen O’Connor’s Western Expansion Continues as the Firm Adds Two Attorneys From Seed IP Law Group to its Seattle Office

August 21, 2018

In a move that significantly enhances its Seattle office and expands its IP practice on the west coast, Cozen O’Connor today announced two attorneys from Seed IP Law Group LLP, Frank Abramonte & Lorraine Linford, have joined its fast-growing global IP Practice.

Citigroup Requests California Dispensary Citidank Stop Infringing on Trademark

April 19, 2018

Ed Weisz, a member of Cozen O'Connor's Intellectual Property department, discussed in Cannabis Dispensary Magazine about the trademark infringement disputes of Citigroup and a California dispensary.

Intellectual Property Department Recognized by World Trademark Review

February 05, 2018

Cozen O’Connor’s Intellectual Property department was recently ranked by World Trademark Review 1000.

100 Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 23, 2017

Lawyers were selected for inclusion in the 2018 edition based on a rigorous peer-review that has been developed and defined for more than 30 years.

Contacts

Lisa A. Ferrari

Co-Chair, Copyright Practice

lferrari@cozen.com

(212) 297-2699

Samuel A. Lewis

Co-Chair, Copyright Practice

slewis@cozen.com

(305) 397-0799

People

Awards

Cozen O’Connor Recognized as a “Best Law Firm” in 25 Practice Areas Nationwide, 115 Practice Areas Regionally

November 05, 2020

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 25 practice areas nationwide and 115 practice areas regionally.

Intellectual Property Department Recognized by World Trademark Review 2020

February 20, 2020

Cozen O'Connor’s Intellectual Property Department was recognized by World Trademark Review 1000.

Camille Miller Honored by Corporate LiveWire

February 10, 2020

Camille Miller was named the Corporate LiveWire IP Dispute Lawyer of the Year.

Related Practice Areas

Keep up-to-date with the latest news from Cozen O'Connor

Enter your City or Zip.

Probably shouldn't change this:
Sign up to receive alerts, publications, and event / webinar invites.

By submitting your contact information, you are giving Cozen O'Connor consent to contact you via email.