Maja Szumarska is moderating a Table Topic at INTA’s 2019 Annual Meeting in Boston, MA on May 20. Her session is titled “TM11 Ex Parte Seizure Orders under 15 U.S.C. § 1116(d) of the Lanham Act: Recent Developments in Case Law.” She will lead a discussion on recent cases involving the seizure of counterfeit goods under the Lanham Act and provide recommendations for increasing the likelihood of successfully obtaining an ex parte seizure order. The INTA Annual Meeting is the largest and most influential gathering of brand owners and intellectual property professionals from around the world.
Maja focuses on brand protection and enforcement. She represents many prominent brands in litigation matters involving trademark, trade dress and copyright infringement claims and enforcement actions in federal court. She also advocates on behalf of clients in anti-counterfeiting policy and legislation matters before local, national and international industry associations.
Intellectual Property Group Head Brian Brokate was named to the World Trademark Review’s global list of the World’s Leading Trademark Professionals for the fifth year in a row. Recognized as one of New York’s top individuals and law firms in enforcement litigation, Brian and Gibney rank among the most prominent IP lawyers and law firms handling this type of work. World Trademark Review is a global independent daily news and information service dedicated exclusively to reporting on trademark issues for in-house and private practitioners internationally.
IP Partner Angelo Mazza will participate in a trade roundtable sponsored by U.S. Senator Bill Cassidy. Based on his knowledge of CBP IP trade practices and counterfeiting issues, Angelo was asked to be a part of the roundtable to share views on trade transparency, terror financing, gang activity and drug trafficking related to intellectual property right protection. The session will take place on February 6, 2019 in Washington, DC.
Angelo works extensively with law enforcement on IP related crimes. He has organized and conducted training sessions for CBP, ICE and the FBI in the United States. He has also conducted training for law enforcement in almost all 50 states at all levels.
Angelo E.P. Mazza spoke at the International Quality and Productivity Center (IQPC) 21st annual Anti-Counterfeiting and Brand Protection Summit in San Francisco. He also serves on the Advisory Board.
Angelo led the workshop “Customs and Border Protection: Combating Cross-Border Trade in Counterfeit Goods” on January 28, 2019. He shared effective practices to be proactive in developing an anti-counterfeiting strategy and working with CBP to effectively enforce rights at the border.
This workshop provided participants with an understanding of how to effectively forge a collaborative working relationship with law enforcement that meets anti-counterfeiting objectives.
Topics included:
- Effective ways to record and provide notice of registered rights with customs in order to obtain seizures
- The type of information that rights holders need to provide CBP’s to provide them with the knowledge of what products are authentic vs. counterfeit
- Analysis of the U.S. Customs and Border Protection interim rule to allow information
Brian W. Brokate and Angelo E.P. Mazza will speak at the Practising Law Institute’s Intellectual Property Rights Enforcement 2019 event on January 17, 2019. Brian Brokate is also co-chair of the event. This will be the eighth year that Brian and Angelo have participated in this program.
Angelo will lead the first panel “Current Government IP Enforcement Programs.” Topics include federal and civil intellectual property enforcement, DOJ prosecuted crimes and determining factors, the CHIP program, substantiating advertising claims, “Made in USA” and other promotional promises, “Influencer” marketing and truth-in-advertising in social media, data security and consumer privacy. Brian Brokate will speak on the “Anticounterfeiting Update” panel. Topics include 2018 direct liability case law updates and trends, seizures and ex parte remedies, contributory liability, U.S. legislative updates and recent U.S. Customs and Border Protection regulations.
Intellectual Property Rights Enforcement 2019 provides information to in-house and outside counsel on effective strategies for protecting intellectual property rights.
For more information on the program, visit the PLI website.
Brian Brokate and and Maja Szumarska co-authored a chapter in PLI’s course handbook for the program Intellectual Property Law Institute 2018 on October 9, 2018. This program provides a complete analysis of key events in all areas of IP, including updates on cases, legislation and government agency developments that all IP lawyers need to know.
Their chapter is titled “Developing Trends in Enforcement and Remedies: What’s New in Civil, Criminal and Government Actions.”
For more information or to register for the event, visit the PLI website.
Brian Brokate spoke at the Practising Law Institute (PLI) Intellectual Property Law Institute 2018 on October 1, 2018. His session was titled “Anticounterfeiting Update.” Topics included recent anticounterfeiting cases, legal developments and best practices for protection. Brian and associate Maja Szumarska also co-authored a chapter in PLI’s course handbook for the program.
Brian Brokate is head of Gibney’s Intellectual Property Practice Group. He has extensive experience in trademark and copyright enforcement procedures to combat infringement and counterfeiting.
For more information on the program, visit the PLI website.
IP attorneys Brian Brokate and Maja Szumarska co-authored the article “Ex Parte Seizure Orders Under 15 U.S.C. § 1116(d) (Section 34 of the Lanham Act): Recent Developments in Case Law.” The article was published in the May–June 2018 issue of The Trademark Reporter. The article provides a summary of recent counterfeiting cases and highlights the need to adhere closely to the statutory requirements when seeking ex parte seizure relief. The Trademark Reporter is the law journal of the International Trademark Association. It is a peer-reviewed academic journal dedicated to trademark law and related topics under U.S. and international law.
Brian Brokate is head of Gibney’s Intellectual Property Practice Group. He has extensive experience in trademark and copyright enforcement procedures to combat infringement and counterfeiting. Maja Szumarska concentrates on intellectual property protection and enforcement actions in federal court.
Challenge
Our client’s popular retail products were being refurbished with non-genuine parts and sold as genuine used products that retained their original trademarks.
Solution
We proved that trademarked goods which have been significantly altered, refurbished or reconditioned are infringing or counterfeit. Our case law is often cited and significantly expanded the scope of what can be considered counterfeit. This forward-thinking strategy provided more enforcement for all of our clients.
Challenge
As a leading global manufacturer, our client has been faced with multiple auction site, social media and independent website enforcement challenges. Our client also requires ongoing domain name monitoring and protection strategies to protect its online presence.
Solution
We combat online trademark infringement and counterfeiting by policing auction sites, social media and independent websites on an ongoing basis. As a leader in internet matters, we have won hundreds of Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceedings before the World Intellectual Property Organization. Over the years, we have acquired thousands of domain names from infringers.
