Trademark & Brand

Featured Publication:

Fair Use, Copyright, and Trademark Implications of Generative AI [Alert]

Madison McNulty and Corinne Zucker discuss fair use, copyright, and trademark implications for generative artificial intelligence.

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Trademarks and branding are about building a unique marketplace identity as much as they are about securing enforceable intellectual property rights. All trademarks are informed by the law but in service of a client’s core character and mission.

Cozen O’Connor’s nationally recognized trademark practice is full service and global. Our attorneys advise on every aspect of the trademark and branding process, from clearance and registration to licensing and enforcement, and regularly operate in jurisdictions around the world. We represent major clients operating in diverse industries, including Aramark Corporation, BODi, Comcast-Spectacor, Endo Pharmaceuticals, Incyte Corporation, The Wine Advocate, and the maker of Sweet’N Low.

Prosecution & Counselling

Cozen O’Connor registers thousands of federal trademarks each year and is ranked among the most prolific filers of successful trademarks by the U.S. Patent and Trademark Office. We also handle state trademark registration, U.S. Customs and Border Protection registration, and trademark procurement in foreign jurisdictions. The firm has significant in-house resources dedicated to clearance and registrability as well as a lot of practical knowledge about what works and what doesn’t.

Every client is unique, so our trademark attorneys design tailored protection strategies that maximize value and limit risk. We advise on internal protocols, licensing and distribution agreements, marketplace monitoring, counterfeiting prevention, and transactional due diligence.

Disputes & Litigation

Disputes over trademarks and brand are a frequent occurrence, and companies must be prepared to respond quickly and decisively. Lex Machina recently named Cozen O’Connor among the best law firms for trademark litigation — and one of the only firms in the Top 20 as both plaintiff and defense counsel.

Cozen O’Connor’s trademark attorneys have deep knowledge of the unique legal and procedural aspects of trademark litigation. They regularly represent clients in ex parte and inter partes proceedings before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, as well as in trademark litigation in federal courts and before government and administrative venues around the world. The firm’s trademark attorneys also have significant commercial litigation experience and routinely handle complex commercial litigation cases and arbitration matters, including breach of contract, that have a trademark component.

Services

  • Advise on the availability and registrability of trademarks
  • Prosecute trademark applications around the world
  • Counsel on internet domain names, social media, and online branding
  • Assist clients with domestic and international portfolio management
  • Develop trademark protocols to support permitted usage
  • Negotiate licensing, transfer, and other complex IP-sharing agreements
  • Provide anti-counterfeiting counseling and enforcement
  • Represent clients in emergency TRO and preliminary injunction proceedings
  • Handle litigation in federal, state, and appellate courts, before the U.S. Patent and Trademark Office and Trademark Trial and Appeal Board (TTAB), and under the Uniform Domain Name Dispute Resolution Policy (UDRP)
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Experience

Publications

Québec Publishes Final Regulations Under Québec’s Charter of French Language [Alert]

June 28, 2024

Noelle Engle-Hardy and Any Ospina discuss Québec's final amendments to regulations on the language of commerce and business, which change how English-language trademarks can be used on product packaging, signage, advertising, websites, and more.

Fair Use, Copyright, and Trademark Implications of Generative AI [Alert]

February 23, 2024

Madison McNulty and Corinne Zucker discuss fair use, copyright, and trademark implications for generative artificial intelligence.

To Plead Bad Faith, or Not to Plead? [Alert]

January 23, 2023

A brief history of bad faith under the Tradesmark Act, including the recent Federal Court decision Blossman Gas, Inc. v. Alliance Autopropane Inc.

Does ChatGPT replace a traditional trademark availability search?

January 13, 2023

Ashley Kessler discuses whether the artificial intelligence powered chatbox could accurately conduct trademark availability searches, among other legal tasks.

Federally Registering the Trademark of Your NFT [Alert]

June 29, 2022

Corrine Zucker explains why you can and should consider federally registering the trademark on your NFTs (Non-Fungible Tokens).

IP Maintenance Payments for Russian Rights

May 12, 2022

This May, OFAC issued a new General License authorizing certain transactions related to patents, trademarks, and copyrights otherwise prohibited by sanctions.

Trademark Considerations for the NCAA’s NIL Policy [Sports Litigation Alert]

December 17, 2021

Corinne Zucker authored an article about the impact of intellectual property and the NCAA's name image and likeness rules for student athletes.

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.

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.

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.

In The News

Camille Miller Named to Huski.ai’s 2024 List of Top 50 Trademark Attorneys

November 15, 2024

Camille Miller, co-chair of Cozen O’Connor’s Intellectual Property Department, has been named to Huski.ai’s 2024 list of the Top 50 Trademark Attorneys.

Cozen O’Connor Recognized as a “Best Law Firm” in 31 Practice Areas Nationwide, 54 Practice Areas Regionally

November 07, 2024

In 2024, Best Lawyers received more than 100,000 client references and observed a 65% increase in client participation in their survey.

Six Cozen O'Connor Attorneys Recognized as IP Stars by Managing Intellectual Property

July 12, 2024

Frank Abramonte, Thomas Fisher, James Gale, Shane Hardy, Hugh Marbury, and Camille Miller were named IP Stars by Managing Intellectual Property. Abramonte, Fisher, Gale, and Marbury were named Patent Stars.

Intellectual Property Department Honored by World Trademark Review 2024

February 06, 2024

Cozen O'Connor’s Intellectual Property Department was recognized by World Trademark Review 1000. Amy Divino, Noelle Engle-Hardy, Lisa Ferrari, Shane Hardy, Ashley Kessler, Lorraine Linford, Camille Miller, Melanie Miller, Brigeeta Richdale, and Edward Weisz were named to the World Trademark Review 1000 list.

Any Obando Ospina Passes Trademarks Agent Exam

October 23, 2023

Any Obando Ospina, an associate in Cozen O'Connor’s Intellectual Property Department, recently passed the Trademarks Agent Exam in Canada.

Amy Divino Joins the Elisabeth Haub School of Law at Pace University’s Board of Visitors

October 19, 2023

Amy Divino, co-chair of Cozen O’Connor’s Trademark Prosecution Practice, has been named to the Board of Visitors for the Elisabeth Haub School of Law at Pace University.

Eight Cozen O'Connor Attorneys Recognized as IP Stars by Managing Intellectual Property

June 27, 2023

Eight members of Cozen O'Connor’s Intellectual Property Department, Frank Abramonte, Noelle Engle-Hardy, Thomas Fisher, James Gale, Gregory Gulia, Shane Hardy, Hugh Marbury, and Camille Miller, were named IP Stars by Managing Intellectual Property.

Intellectual Property Department and Camille Miller Recognized by Patexia

May 09, 2023

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.

Four Cozen O'Connor Attorneys Named to the 2023 Canadian Legal Lexpert Directory

March 14, 2023

Shane Hardy, Michael Osborne, Steven Weisz, and Kevin Zimka were named to the Canadian Legal Lexpert Directory for 2023.

Noelle Engle-Hardy Recognized by International Trademark Association

March 03, 2023

Noelle Engle-Hardy, a member of Cozen O'Connor’s Intellectual Property Department, has been recognized by the International Trademark Association (INTA) as a High-Performing Committee Member.

Intellectual Property Department Honored by World Trademark Review 2023

February 22, 2023

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

AI for Trademark Lawyers Moving Beyond Search to Expanding Work

February 14, 2023

Ashley Kessler spoke with Bloomberg Law about using artificial intelligence to assist in trademark work.

Broward Company Hits Luxury Bedding Seller With Trademark Complaint

August 25, 2022

James Gale spoke with the Daily Business Review, discussing a Broward County small business involved in a lawsuit with a Swedish ultra-luxury bedding company for the alleged misuse and abuse of the U.S. legal system.

If US Court Says Delta-8 Product Is Lawful And Trademark Valid, Will Federal Agencies Listen?

July 19, 2022

Jonathan Gale was quoted in HBW Insight discussing a recent 9th Circuit ruling that upheld granting a firm preliminary injunction stopping competitors from using its trademarked brand for delta-8 THC products.

Seven Cozen O'Connor Attorneys Named IP Stars by Managing Intellectual Property

May 31, 2022

Seven members of Cozen O'Connor’s Intellectual Property Department, Frank Abramonte, Thomas Fisher, James Gale, Gregory Gulia, Shane Hardy, Hugh Marbury, and Camille Miller have all been named IP Stars by Managing Intellectual Property.

A To-Do List For New USPTO Director Kathi Vidal

April 06, 2022

Ian Blum was quoted in Law 360 discussing what issues the new director of the U.S. Patent and Trademark Office, Kathi Vidal, is facing.

Intellectual Property Department Recognized by World Trademark Review 2022

March 10, 2022

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

Cozen O’Connor Recognized as a “Best Law Firm” in 29 Practice Areas Nationwide, 121 Practice Areas Regionally

November 04, 2021

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 29 practice areas nationwide and 121 practice areas regionally.

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.

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.

Fashion Fights Heading to the Supreme Court

January 13, 2020

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

Contacts

Amy F. Divino

Co-Chair, Trademark Prosecution Practice

[email protected]

(212) 883-4909

Lorraine Linford

Co-Chair, Trademark Prosecution Practice

[email protected]

(206) 373-7269

Camille M. Miller

Co-Chair, Intellectual Property

[email protected]

(215) 665-7273

People

Awards

Cozen O’Connor Recognized as a “Best Law Firm” in 31 Practice Areas Nationwide, 54 Practice Areas Regionally

November 07, 2024

In 2024, Best Lawyers received more than 100,000 client references and observed a 65% increase in client participation in their survey.

Eight Cozen O'Connor Attorneys Recognized as IP Stars by Managing Intellectual Property

June 27, 2023

Eight members of Cozen O'Connor’s Intellectual Property Department, Frank Abramonte, Noelle Engle-Hardy, Thomas Fisher, James Gale, Gregory Gulia, Shane Hardy, Hugh Marbury, and Camille Miller, were named IP Stars by Managing Intellectual Property.

Four Cozen O'Connor Attorneys Named to the 2023 Canadian Legal Lexpert Directory

March 14, 2023

Shane Hardy, Michael Osborne, Steven Weisz, and Kevin Zimka were named to the Canadian Legal Lexpert Directory for 2023.

Noelle Engle-Hardy Recognized by International Trademark Association

March 03, 2023

Noelle Engle-Hardy, a member of Cozen O'Connor’s Intellectual Property Department, has been recognized by the International Trademark Association (INTA) as a High-Performing Committee Member.

Intellectual Property Department Honored by World Trademark Review 2023

February 22, 2023

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

Cozen O’Connor Recognized as a “Best Law Firm” in 29 Practice Areas Nationwide, 121 Practice Areas Regionally

November 04, 2021

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 29 practice areas nationwide and 121 practice areas regionally.

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.

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.

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.

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.

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