Challenge
We assist a global luxury goods manufacturer in managing its trademark portfolio from monitoring and oppositions to internet and social media enforcement. Our client needs a legal team that understands its objectives and broader industry trends, to develop proactive brand protection strategies.
Solution
Experienced in executing nationwide enforcement programs on behalf of brands, our work includes ongoing U.S. trademark protection, maintenance and prosecution before the Trademark Trial and Appeal Board. We have prosecuted hundreds of trademark oppositions against competitors seeking to register infringing trademarks.
Ahead of the curve in our desire and ability to be strategic and innovative in our design of solutions for clients, GIBNEY IS A HIGH-TOUCH FIRM that takes YOUR INTERESTS, YOUR BUSINESS AND OUR RELATIONSHIPS PERSONALLY. Not only are we lawyers driving solutions, we are consultants creating higher levels of relevance and value in meaningful client relationships.
IP Partner Angelo Mazza spoke at the IQPC 20th Anti-Counterfeiting & Brand Protection Summit from January 29-31, 2018 in San Francisco. The event brought together brand leaders, customs officials, law enforcement and legal counsel to discuss best practices and strategies for fighting counterfeiters. Angelo serves on IQPC’s 2018 Advisory Board.
His first workshop was titled “Connecting the Dots with Law Enforcement: Developing Effective Brand Protection Training Programs to Bolster Anti-Counterfeiting Efforts.” It focused on how brand owners can engage with law enforcement at all levels as part of developing a comprehensive brand protection program.
Angelo was also a part of a “Fireside Chat: Implementing Controls to Protect Your Brand from Ongoing & Potential Future Risks.” This discussion focused on the potential for counterfeiting opportunities created by the advent of new products and technologies and new brand protection strategies to deal with them.
He also led “Fireside Chat: The Evolution of CBP in Dealing with the Seismic Shift in Ecommerce Platforms.” Angelo partnered with a U.S. Customs and Border Protection representative to discuss the future of border enforcement and what can brands do to improve the process.
Angelo works extensively with law enforcement on IP related crimes. He counsels clients in developing and implementing enforcement strategies in a variety of settings. He has organized and conducted training sessions for CBP, ICE and the FBI in the United States and for law enforcement in almost all 50 states.
Brian Brokate served as co-chair of the Practising Law Institute’s Intellectual Property Rights Enforcement 2018 on January 25, 2018. The program provided developments on recent copyright and trademark cases and anticounterfeiting trends.
Brian spoke on the panel “Anticounterfeiting Update.” Topics included recent updates on direct liability case law, seizures and ex parte remedies, US legislative updates and recent Customs and Border Patrol regulations. Partner Angelo Mazza spoke on the panel “Current Government IP Enforcement Programs.” Topics included federal and criminal IP enforcement, the CHIP program and data security and consumer privacy.
This program can now be viewed on demand on the PLI site.
Partner Brian Brokate spoke at PLI’s Intellectual Property Law Institute 2017 on October 2, 2017. Topics included understanding trade dress enforcement, recent trade dress cases and legal developments and best practices for protection. Brian and associate Maja Szumarska co-authored a chapter in PLI’s course handbook for the program.
Brian Brokate is head of Gibney’s Intellectual Property Group. He is experienced in trademark and copyright enforcement procedures to combat infringement and counterfeiting. Maja Szumarska concentrates on intellectual property protection and enforcement actions in federal court.
For more information or to register for the event, visit the PLI website.
Gibney Anthony and Flaherty LLP was recognized in Managing Intellectual Property’s 2017 IP Stars. The Intellectual Property Practice was recognized as a top practice in the “Trademark Contentious” area. IP Practice Chair Brian Brokate was also recognized as a leading IP practitioner.
IP stars recognizes leading firms with strong national reputations and brands in the IP space. Research for IP Stars covers over 80 jurisdictions. Firm rankings and individual listings are based on an extensive six-month research period and data is obtained from thousands of practitioners (in-house and private practice).
Brian Brokate will serve as Co-Chair of the Practising Law Institute’s Intellectual Property Rights Enforcement 2017 on January 20, 2017. This program will provide developments on intellectual property rights enforcement. Brian will speak on the panel “Anticounterfeiting Update.” Topics will include recent updates on direct liability case law, Customs and Border Patrol regulations, U.S. legislations and the global effort against anticounterfeiting. Partner Angelo Mazza will also speak on the panel “Current Government IP Enforcement Programs.”
Intellectual Property Group Chair Brian W. Brokate spoke at the Fairfield County Bar Association on Wednesday, October 28, 2015. He discussed investigative and enforcement strategies, remedies and important anticounterfeiting measures to help a brand owner implement and conduct its anticounterfeiting program.
On September 18, 2015, U.S. Customs and Border Protection (“CBP”) published a Federal Register notice concerning its adoption of certain amendments to the Final Interim Rule regarding the “Disclosure of Information for Certain Intellectual Property Rights Enforced at the Border”.
The amendments allow CBP to disclose information appearing on merchandise or its retail packaging that may be otherwise protected by the Trade Secrets Act to a trademark owner for the purpose of obtaining assistance in determining whether the merchandise bears a counterfeit mark. The CBP must notify the trademark owner that the disclosure is for the limited purpose of assisting CBP.
The amendments also expand information-sharing procedures by requiring CBP to release to the importer an unredacted sample or image of the suspect merchandise or its retail packaging any time after presentation of the suspect goods for examination. The purpose of these amendments is to assist the importer to provide a response to the detention notice. The amendments also require CBP to release limited importation information to the trademark owner no later than the time of issuance of the detention notice to the importer (rather than within 30 business days from the date of detention).
On Monday, September 28, 2015, Brian Brokate spoke at PLI’s Intellectual Property Law Institute, which has been named a “must attend” program for IP lawyers. The program provided a complete analysis of key events of all areas of IP, providing updates on cases, legislation and government agency developments that IP lawyers need to know. Prominent IP counsel spoke about the many facets of current interest for dealing with IP and suggesting best practices and strategies. Brian spoke at a plenary session on trademark law, specifically he will be speaking on updates in anticounterfeiting.
