Claudia G. Cohen of Davis+Gilbert LLP

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Claudia Cohen’s practice spans all aspects of domestic and international trademark law. She advises brands, advertising and marketing agencies, and celebrities on protecting and enforcing their trademarks and other intellectual property (IP) rights.

With her attention to detail and responsiveness, Claudia counsels clients on trademark clearance and selection, prosecution, portfolio maintenance, policing, enforcement and licensing. She provides effective solutions to trademark clearance issues and develops strategies to help mitigate the risk of infringement claims. When claims do arise, she draws on her earlier litigation experience to defend clients’ rights and resolve matters quickly. In addition to enforcing and safeguarding the value of a client’s IP, Claudia acts to uncover and stop infringements, including in all types of advertising, on the internet, on social media platforms and in domain names.

Claudia’s trademark prosecution experience includes creating strategies to overcome registration refusals by the U.S. Patent and Trademark Office and successfully obtain trademark registrations. She also initiates and defends trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board.

Claudia has practiced commercial litigation at Davis+Gilbert as well as earlier in her career at Milbank LLP. She also maintains an active pro bono practice focused on IP issues.

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Trademark Considerations for Copyrighted Works in the Public Domain

In the United States, an original work of authorship fixed in a tangible medium of expression (meaning the work can be communicated in a visual or audio form) is a protectable copyright. This means that the owner has the exclusive right to reproduce, adapt, publish, perform, and display the work. Because copyright protection has a … Continue Reading

Black Lives Matter Movement Sparks Branding Changes

The tragic killings of George Floyd, Breonna Taylor and Ahmaud Arbery this year, among others, have reinvigorated the Black Lives Matter movement, resulting in powerful nationwide conversations about racial injustice in the United States, with far-reaching ripple effects. Businesses across industries — such as sports, entertainment, consumer products and higher education — have reevaluated certain … Continue Reading

Supreme Court Unanimously Rules That Willfulness Is Not Required to Recover Profits

The U.S. Supreme Court resolved a circuit split on April 23, 2020, by unanimously holding in Romag Fasteners, Inc. v. Fossil Group, Inc., et al. that a brand owner is not required to prove that a trademark infringer acted willfully in order for the owner to be awarded the infringer’s profits. Background Romag Fasteners, Inc. … Continue Reading

The Impact of COVID-19 on U.S. Trademark Applications and Registrations

On March 31, 2020, the U.S. Patent and Trademark Office (USPTO) issued a notice concerning the waiver of certain trademark-related timing deadlines pursuant to Section 12004 of the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act). Powers Created by the CARES Act The CARES Act (which was signed into law by President Trump … Continue Reading

When Does “Copying” a Photograph of a Building Constitute Copyright Infringement?

A recent decision from a Pennsylvania federal court underscores that there is generally no copyright protection in an actual building or a skyline of buildings; instead, the protection is in the particular photograph or rendering of the building. Creating an original depiction of a building or skyline that is not substantially similar to the photograph … Continue Reading

Second Circuit Narrows ‘Red Flag Knowledge’ Exception to DMCA’s Safe Harbor Protections for ISPs

In a long-standing case brought against the video platform Vimeo by several music publishers, the U.S. Court of Appeals for the Second Circuit recently set the bar high for copyright owners to succeed in their infringement claims against service providers based on allegations of “red flag knowledge.” The Second Circuit, shedding some light on what is … Continue Reading