Cozen O’Connor: Trademark & Copyright

Trademark & Copyright

Recent News:

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

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.

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Cozen O’Connor represents a wide range of companies, from small start-ups to multinational blue chips, that operate in diverse industry sectors, including pharmaceuticals, biotechnology, computer software, luxury goods, industrial science, engineering, finance, education, manufacturing, telecommunications, managed services, retail, arts, and sports. We advise clients on clearance, registration, ownership, renewal, and termination rights; secure valuable brands and copyrights; develop acquisition, sales, and licensing strategies; and enforce and defend clients’ IP rights. Our attorneys enjoy close working relationships with U.S. Customs and Border Protection officers around the world. Through these ties, we are able to facilitate prompt seizure of counterfeit materials, a notably effective and inexpensive solution for our clients.

The trademark and copyright practice is no place for uninspired lawyering. The law, technology, and economic dynamics governing trademarks and copyrights are in constant flux, so this is an area where clients need their most tenacious and vigilant counsel. As leaders in the copyright and trademark arena, Cozen O’Connor lawyers are aware of critical developments as soon as they happen. More importantly, we bring a competitive zeal to the defense of intellectual property that drives our tireless supervision of regulators, peer companies, and would-be infringers.

Much of our practice revolves around developing tailored protection and enforcement schemes that allow clients to both leverage their intellectual property assets and maintain full control over their marks and copyrights. There are numerous components to a successful anti-counterfeiting and anti-infringement strategy—proper registration, custom enforcement, third party assistance, trade monitoring—and no two clients should employ the exact same approach. We bring all of our legal, business, and technical knowledge to bear on the task of designing the best enforcement protocol for each client.

 

SERVICE AREAS

  • Research trademark and copyright availability and registrability
  • Handle trademark and copyright clearance, prosecution, and maintenance
  • Conduct trademark and copyright enforcement
  • Negotiate IP agreements and conduct due diligence
  • Register IP with U.S. Customs and Border Protection and serve as liaison to CBP offices around the world on counterfeiting enforcement and seizures
  • Negotiate trademark, trade dress, and copyright licensing and franchising
  • Defend entertainment rights
  • Design online enforcement strategies
  • Represent clients in domain name registration and disputes
  • Develop website privacy policies, and user and membership agreements
  • Handle trademark and copyright litigation

Experience

Publications

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.

Fox News v. TVEyes: Implementing Internal Policies to More Likely Remain Within the Realm of Fair Use [Intellectual Property Alert]

March 01, 2018

Hugh Marbury and Alanna Miller discuss Fox News v. TVEyes and how the Second Circuit is setting up case law that differentiates similar technologies within different industries.

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.

Hashtags and exclusive ownership: #Incompatible? [InsideCounsel]

September 29, 2015

Chanel L. Lattimer and Brianne Polito discuss how companies can protect the hashtags they use to market their brands.

Use vs. Registration: Do the Limitations of Trademark Law Temper the REDSKINS® Opponents' Victory? [Sports Litigation Alert]

September 14, 2015

Chanel Lattimer discusses the Trademark Trial and Appeal Board's cancellation of the Redskins® six federally registered REDSKINS trademarks.

The New Frontier in an Age-Old Problem [Intellectual Property Magazine]

July 01, 2014

In an article published in Intellectual Property magazine, Chanel Lattimer, associate in Cozen O'Connor's Intellectual Property department, discusses the increase in counterfeit apps and app stores.

Protect Your Brands from Counterfeit Sellers' Use of Social Media to Bolster "Fake" Credibility [Intellectual Property Today]

May 20, 2014

Camille Miller, co-chair of the Intellectual Property Department, discusses the rise in counterfeit sellers using the Internet and social media to generate web traffic and divert customers to rogue e-commerce websites to sell counterfeit goods.

Copyright Act's Application to Internet Television Broadcasts [The American Lawyer]

February 27, 2014

In an article titled "Copyright Act's Application to Internet Television Broadcasts," Stephen Miller, a member of Cozen O'Connor's Commercial Litigation Department, and Thomas Leonard, an associate in the firm's Litigation Department, discuss the U.S. Supreme Court's upcoming decision on whether Aereo's system of transmitting television programs over the Internet violates the Copyright Act. The ruling could have a seismic impact on the television industry and how Americans view television shows.

Facebook v. Typosquatters: Statutory Damages Under Anticybersquatting Consumer [Intellectual Property Alert]

May 14, 2013

Magistrate Judge Westmore recommended that the U.S. District Court for Northern California award Facebook $2.8 million in damages from typosquatters under the Anticybersquatting Consumer Protection Act (ACPA). Facebook v. Cyber2Media, Inc. et al., Case No. 4:11-cv-03619, (N.D.Ca., April 30, 2013).

IP: Supreme Court Holds That the “First Sale” Doctrine Applies to Copies of a Copyrighted Work Lawfully Made Abroad [InsideCounsel]

April 16, 2013

On March 19, in Kirtsaeng v. John Wiley & Sons, Inc., the Supreme Court, reversing the 2nd Circuit, resolving conflicting decisions from the federal appellate courts, and rejecting the solicitor general’s arguments, held that the “first sale” doctrine applies to lawful copies of a copyrighted work first sold abroad.

IP: Protecting your brands against online counterfeit sellers [Inside Counsel]

March 05, 2013

Brand owners should use a multi-pronged strategy to combat knock-off goods. Although counterfeiting is often perceived as a victimless crime, it has significant economic and reputational costs for brand owners. In 2012, U.S. Customs and Border Protection seized counterfeit goods worth $1.26 billion and shut down 697 websites involved in trafficking counterfeit goods.

Events & Seminars

Past Events

Managing Global Enforcement Matters

February 24, 2015 - Philadelphia, PA

In The News

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.

Sixty-Two Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 15, 2016

Sixty-two Cozen O’Connor lawyers from 13 of the firm’s national offices have been selected for inclusion in the 2017 edition of The Best Lawyers in America.

David Sunshine Discusses U.S. Supreme Court Case With Law360

January 26, 2015

In an article titled "Lawyers Weigh In On High Court Trademark Tacking Ruling," David Sunshine, a member of Cozen O'Connor's Intellectual Property Department, comments on the U.S. Supreme Court ruling in the Hana Financial Inc. v. Hana Bank case.

Edward Weisz Discusses New Software Systems Employed by the USPTO in FedScoop Article

January 09, 2015

In an article titled "Patent Office CIO Aims for Culture Change Amid Systems Updates," Edward Weisz, a member of Cozen O'Connor's Intellectual Property Department discusses the benefits of new software systems employed by the US Patent and Trademark Office.

Camille Miller Named a Client Choice 2014 Winner

April 01, 2014

Camille Miller, co-chair of Cozen O’Connor’s Intellectual Property Practice Group and the Intellectual Property Litigation Practice Group, was named a Client Choice 2014 winner in the Client Choice Guide – International 2014.

Contacts

Camille M. Miller

Co-Chair, Intellectual Property Department

cmiller@cozen.com

(215) 665-7273

Amy F. Divino

Member

adivino@cozen.com

(212) 883-4909

People

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