Brian Brokate and Angelo Mazza to Speak at Intellectual Property Rights Enforcement 2020

Gibney intellectual property partners Brian W. Brokate and Angelo E.P. Mazza will speak at the Practising Law Institute’s Intellectual Property Rights Enforcement 2020 event on January 16, 2020. Brian Brokate is also co-chair of the event. This will be the ninth year that Brian and Angelo have participated in this program.

Angelo will lead the first panel “Current Government IP Enforcement Programs.” Topics include:

  • DOJ’s IP prosecutions in the context of the latest technology trends
  • Federal criminal vs civil IP enforcement
  • What crimes DOJ prosecutes and determining factors
  • CHIP program at the judicial district level
  • Substantiating advertising claims: The science of compliance
  • “Made in USA” and other promotional promises
  • “Influencer” marketing and applying truth-in-advertising principles in social media
  • Data security, consumer privacy, and the Internet of Things

Brian Brokate will speak on the “Anticounterfeiting Update” panel. Topics include:

  • Direct liability: 2019 case law updates and trends
  • Getting it right. Seizures and ex parte remedies: Practical guidance on drafting an effective order and executing same
  • Contributory liability: Effective strategies against online and brick and mortar retailers
  • The President’s Memorandum on Combating Trafficking in Counterfeit and Pirated Goods: An update on actions taken by the federal government
  • Implementing an Enforcement Program in China
  • An overview of the government agencies involved in the protection of intellectual property rights
  • The online marketplaces and social media platforms that every brand should be aware of
  • Practical tips for implementing an anticounterfeiting program in China
  • The recent trade war and its impact on the sale of counterfeit goods

For more information and to register visit the PLI website.

Brian Brokate Recognized in Who’s Who Legal Trademarks

Brian Brokate was recognized in Who’s Who Legal: Trademarks 2019. WWL: Trademarks highlights leading trademarks lawyers who are recognized for their broad-ranging expertise across the field of trademark law, assisting clients of all sizes with a wide range of matters, including prosecution, enforcement, portfolio management and dispute resolution.

Brian is head of Gibney’s Intellectual Property Group. He has extensive experience assisting companies in investigation and enforcement procedures to combat trademark and copyright infringement with a niche focus on anti-counterfeiting and anti-piracy.

Brian Brokate Discusses Emerging Trends in Privacy Law at IGAL

Brian Brokate, Chair of the Intellectual Property Group, attended the conference for The Intercontinental Grouping of Accountants and Lawyers (IGAL) in Frankfurt, Germany from September 23-28. Brian spoke on Emerging Trends in Privacy Law in the United States during the conference. Topics included: the California Consumer Privacy Act; a survey of recent state laws; recent proposed federal legislation; and emerging trends on enforcement and consent.

Brian was also reelected to IGAL’s Board of Directors for another three year term. He will serve as Secretary and director of North American recruitment.

IGAL is a leading business network of legal and accounting firms whose members offer superior services related to legal, financial, tax and insolvency matters to companies and individuals with international activities, as well as expert and personal assistance to reduce the obstacles of doing business in a foreign environment and at a distance.

Brian Brokate has extensive experience assisting companies in investigation and enforcement procedures to combat trademark and copyright infringement. With a niche focus on anti-counterfeiting and anti-piracy, he handles all stages of civil anti-counterfeiting and infringement litigation as well as state and federal criminal actions. Learn more.

 

Robert Tracy Discussses Dress Code Discrimination in New York Law Journal

Robert Tracy co-authored the article “Are dress codes and grooming policies a source of potential liability for employers?” for the New York Law Journal’s Fashion Law issue published on August 26, 2019. Recently, state and local governments have passed new laws and increased enforcement of existing laws to protect employees from discrimination based on race or gender identity or expression in the workplace. In the article, they review the new guidance and discuss best practices for employers to update their dress and grooming policies and practices.

Read the full article.

Robert Tracy is Chair of Gibney’s Labor and Employment Group. He practices management-side labor and employment law and business litigation. Bob keeps clients informed of changing employment laws and develops strategic employment policies to avoid litigation, maintain a healthy work culture and minimize risk. He has conducted seminars on employment issues including ADA, FMLA, sexual harassment and union avoidance.

After August 3, 2019 All Foreign Trademark Applicants Will Be Required To Appoint A Licensed U.S. Attorney

The United States Patent and Trademark Office (USPTO) announced a new rule that all trademark applicants and registrants whose domicile or principal place of business is not located within the United States must be represented by an attorney licensed in the United States. This rule becomes effective on August 3, 2019.

  • This rule will not immediately impact applications filed before August 3, 2019 or existing registrations. However, if an application filed before August 3, 2019 becomes the subject of an office action issued after the date, or if it is necessary to file an extension of time or a specimen to complete an application under Section 1(b) (intent to use), the foreign applicant will be required to designate an attorney licensed in the United States to respond to the office action.
  • Foreign owners of registrations issued prior to August 3, 2019 will not need to appoint a qualified attorney licensed in the United States until it is time to file a declaration of continued use or a renewal.
  • After August 3, 2019, all new filings at the USPTO not in compliance with this rule will be informed through an office action. The applicant will have the usual six (6) month period to respond to the office action and failure to comply will result in abandonment of the application.
  • Foreign filers using a TEAS Plus application, the most popular application used by foreign filers, will be unable to submit the application unless the filer completes the section designating a qualified US attorney as the applicant’s representative.
  • There is one exception to this rule. Applications filed under the Madrid Protocol that satisfy all formalities and statutory requirements, and thus are ready for publication without the issuance of any office action, are not required to appoint a qualified US attorney of record. However, if the application filed under the Madrid Protocol receives an office action, the applicant will be required to designate a qualified US attorney when responding to the office action.

For more information about the USPTO’s new requirement, please visit https://www.govinfo.gov/content/pkg/FR-2019-07-02/pdf/2019-14087.pdf

For questions about how to comply with the United States Patent and Trademark Office’s new rule, please contact Beth Frenchman at bfrenchman@gibney.com or at (212) 906-3334.

Angelo Mazza to Moderate INTA Panel on Working with Millennials

Intellectual Property Partner Angelo Mazza is moderating a Table Topic at INTA’s 2019 Annual Meeting in Boston, MA. His session “Working with Millennials: Are They Really That Different?” will take place on May 18. This will be a deep dive into issues facing law firms as more millennials join firms and the conflicts that sometimes arise between generations. The INTA Annual Meeting is the largest and most influential gathering of brand owners and intellectual property professionals from around the world.

Angelo counsels clients in developing brand protection and enforcement strategies, and works extensively with law enforcement on intellectual property-related crimes. He has trained over 60,000 law enforcement officials including U.S. Customs and Border Protection, Immigration and Customs Enforcement and the Federal Bureau of Investigation.

 

Gibney Hosts Coded: Dress and Discrimination with NYC Bar Association

Gibney will host the NYC Bar Association’s  Fashion Law Committee meeting on May 14. The breakfast meeting will take place from 8:30 – 9:30am to discuss “Coded:  Dress and Discrimination. ” This discussion will be focused on employment matters including dress codes, grooming standards, gender identity/expression and best practices for fashion brands.

Panelists include Gibney attorneys Maja Szumarska and Bob Tracy as well as Brittny Saunders from the New York City Commission on Human Rights.

Maja Szumarska is an attorney in Gibney’s Intellectual Property Group. She 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.

Bob Tracy is an attorney in Gibney’s Labor and Employment Group. He practices management-side labor and employment law and business litigation. Bob keeps clients informed of changing employment laws and develops strategic employment policies to avoid litigation, maintain a healthy work culture and minimize risk. He has conducted seminars on employment issues including ADA, FMLA, sexual harassment and union avoidance.

 

Brian Brokate Recognized in World’s Leading Trademark Professionals

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.

Angelo Mazza Joins DC Roundtable on IP Trade Practices and Protection

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 Mazza Speaks on Customs and Border Protection Strategies

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