Claudia G. Cohen of Davis & Gilbert LLP

Claudia G. Cohen of Davis & Gilbert LLP

Claudia G. Cohen is an associate in the Litigation Practice Group of Davis & Gilbert. Ms. Cohen’s practice includes a broad range of general commercial litigation matters, and she has experience litigating in federal and state courts and at the trial and appellate levels. Ms. Cohen has represented clients including financial institutions and their employees in class actions and regulatory investigations, and she has assisted in responding to subpoenas and providing interpretations of rules and regulations regarding securities matters.

Prior to joining Davis & Gilbert, Ms. Cohen was a litigation associate in the New York office of Milbank, Tweed, Hadley & McCloy LLP, where she focused on financial services litigation and regulatory inquiries and investigations.

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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
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