(June 16, 2017) Collen successfully defended a motion for summary judgment at the Trademark Trial and Appeal Board on the question of relatedness of the parties’ beverage products. The Board agreed with Collen IP’s arguments that there existed genuine material issues of fact as to the parties’ marks.
On June 6, 2017, Kyle-Beth Hilfer chaired, moderated, and spoke at Restaurant Law University. This event was co-sponsored by the Westchester County Bar association’s Hospitality Law Committee and Hudson Valley Economic Development Corp.’s Food & Beverage Alliance. Attendees networked with legal experts and industry members, as they learned about the legal issues associated with corporate set up, buying/selling a restaurant, franchising, branding and marketing, licensing, employment, leasing and more. Ms. Hilfer is the Chair of the WCBA Hospitality Law Committee, and she spoke on intellectual property and branding law considerations for restaurants.
James Hastings was a featured CLE instructor on behalf of Strafford Publications on April 18, 2017. The webinar, Trademark Infringement, Structuring Opinions of Counsel, discussed how to reduce the risks of liability and enhanced damages in trademark infringement cases. James provided an analysis of the role of opinions in the defense of trademark infringement claims and the potential use of opinions of counsel. The panel also discussed the issue of waiver of the attorney-client privilege and provided best practices for risk mitigation through the effective use of opinions of counsel.
Collen attorney Michael Nesheiwat co-presented a CLE on International Data Privacy and the new EU-U.S. Privacy Shield Framework with the Knowledge Group on April 5, 2017.
Jess M. Collen was a speaker at the annual conference of the Chartered Institute of Trademark Attorneys (CITMA) on March 15-17, 2017 in London. This year’s theme was “Navigating the Seas of Change,” in light of Brexit, with a focus on the role of intellectual property professionals and their clients to find ways to succeed at even the most challenging times. Jess’ presentation focused on “Post-Brexit Trademark Registration Ramifications, Evolving Safeguards for Trademark Rights.”
Associate Michael Nesheiwat has joined Collen’s litigation group. Mike is a 2011 graduate of Cornell University College of Arts & Sciences (B.A. in Biological Sciences) and a 2014 graduate of Fordham University School of Law. Mike is a registered Patent Attorney, and has advised clients and prosecuted patent applications encompassing a broad range of technologies. He works on trademark, copyright and patent litigation in the federal courts, and on opposition and cancellation proceedings before the Trademark Trial and Appeal Board. In law school, Mike was a member of the Fordham Urban Law Journal and was a recipient of the Archibald R. Murray Public Service Award.
Article “Copyright Challenges to ‘We Shall Overcome’ Proceeds” published in The Intellectual Property Strategist
Kyle-Beth Hilfer published an article in American Law Group’s The Intellectual Property Strategist . Her article explores the copyright lawsuit concerning the powerful civil rights anthem “We Shall Overcome.” The lawsuit is particularly timely and relevant as political protest has seen a revival of participation in 2017. (February 2017)
Partner Mitchell E. Radin provided comments and was quoted in an article on Emojis, Licensing, and the Law which appeared in the August 29, 2016 issue of the RaugustReports – a bi-weekly newsletter providing perspectives on trends facing the licensing business.
United States Department of Commerce organized discussion on intellectual property rights for exporters
Jess M. Collen moderated a panel discussion on intellectual property rights for exporters, hosted by eBay in Manhattan. The discussion was organized by the United States Department of Commerce and included representatives from the Commerce Department in Washington, the legal department of Columbia University, The Andy Warhol Foundation for the Visual Arts, and Pactus. (July 2016)
Counsel Kyle-Beth Hilfer chaired “Trademark Considerations for Franchises,” a CLE program on franchise law sponsored by the Westchester County Bar Association. Senior Associate Thomas P. Gulick spoke on trademark issues relevant to franchises, and Ms. Hilfer presented material on social media management issues for franchises. (April 2016)
The most recent listing by the publication Super Lawyers has identified partners Joshua Paul and Jess M. Collen in its list of 2016 Super Lawyers in the New York City metropolitan area. Mr. Paul was recognized in the area of litigation; Mr. Collen was recognized in the area of intellectual property law. (April 2016)
Counsel Jane F. Collen spoke at a Stafford live webinar held on April 7, 2016. The presentation was entitled “Whether and How to Appeal a PTO Final Refusal: TTAB and Beyond.” (April 2016)
Partner Jess M. Collen joined a distinguished panel of speakers at this year’s Food and Agricultural Entrepreneurship at the Slow Living Summit 2016 in Brattleboro, Vermont. The Summit is a food advocacy program connecting people with healthy local food from local farmers and local food producers, and by adding to their understanding of the value of local food systems. (April 2016).
Partner Jess M. Collen spoke in Boston on intellectual property rights and protection to a group sponsored by SCORE, a nonprofit association dedicated to entrepreneur education and the formation, growth and success of small business nationwide. (April 2016)
Associate Kristen A. Mogavero spoke before the Luxury Marketing Council on issues pertaining to trademarks, advertising, and brand protection. The Luxury Marketing Council is an organization whose members include executives and senior sales and marketing professionals. (March 2016)
Senior Associate Thomas P. Gulick presented to a group of large-scale architects and interior designers in New York City. He spoke about patent (design and utility), copyright, trade dress, and trademark protections, including the impact of past cases on the industry. (January 2016)
Counsel Kyle–Beth Hilfer published an article on copyright fair use in the American Law Group publication The Intellectual Property Strategist. Her article examined developments in the important Lenz copyright case that offers protection for many home videographers when posting content online that contains third party copyrighted material. (November 2015)
Article on IP protection in the United States published in newsletter of international law firm network Consulegis
Associate Kristen A. Mogavero published her article “Intellectual Property Protection in the United States” in the August 2015 Newsletter of the IP, Entertainment Law, and IT Group of the international law firm network Consulegis. The article discussed the primary ways to protect intellectual property in the United States – copyright, trademark, patent and trade secret – and the rights afforded by each of these forms of protection. (August 2015)
Senior Associate Thomas P. Gulick published an article in the Consulegis Autumn 2015 newsletter on best practices for obtaining evidence to refute a Trademark Examiner’s refusal to register based on a claim of “geographic descriptiveness.” (July 2015)
Counsel James Hastings gave a live webcast entitled “Emerging Issues in Trademark Law: Understanding and Implementing the Likelihood of Confusion Standard – An Update.” The webinar offered information about the latest significant issues on the “likelihood of confusion” standard in practice before the United States Trademark Trial and Appeal Board. (July 2015)
Partner Jess M. Collen was a panelist in Manhattan on April 1, 2015, discussing intellectual property law issues for the ExportTech Program. The program was sponsored by the U.S. Department of Commerce and was held at the Industrial Technology Assistance Corporation in New York City. A wide range of business and legal issues were addressed, including industrial, manufacturing and retail applications of export of U.S. goods and services, in addition to intellectual property law matters. (April 2015)
Collen attorneys deliver update on advertising and consumer protection issues to American Bar Association’s Antitrust Section
Partner Jeffrey A. Lindenbaum, counsel Kyle-Beth Hilfer, and associates Lisa A. McAndrews and Kristen A. Mogavero delivered the ABA Anti-Trust Law Section’s Consumer Protection Monthly Update on March 17, 2015. They discussed recent developments in the areas of advertising and consumer protection. (March 2015)
Partner Jess M. Collen co-hosted a webinar sponsored by Strafford on structuring trademark consent agreements. The 90-minute session presented information about the use of these agreements to resolve conflicts and overcome Trademark Office objections to registrations. (October 2014)
Counsel Kyle-Beth Hilfer analyzed the battle between POM Wonderful and Coca-Cola pending before the U.S. Supreme Court on the issue of whether a private party may bring a false advertising claim under the Lanham Act challenging a product label that has been approved by the FDA. The article, “POM v. Coke Could Create a Juicy Precedent on Food Labels,” was published in the Intellectual Property Strategist. (March 2014)
The “collaborative economy” or “sharing economy” describes an economic system where consumers prefer to share, rather than purchase, goods and services. Collen has published a White Paper exploring the tension between traditional precepts of intellectual property law and the collaborative philosophy. The paper suggests how brand owner can maintain and protect their valuable intellectual property assets and remain relevant players in the collaborative marketplace without violating the law. Read the Branding in the Sharing Economy White Paper (February 2014)
Partner Jeffrey A. Lindenbaum has received the Westchester County Bar Association’s “Above the Bar” award as a leading attorney under the age of 40. (June 2014)
Counsel Kyle-Beth Hilfer is the Program Chair of a program entitled “Social Media: Advising Clients on the Do’s & Don’ts” at the Association of the Bar of the City of New York. The workshop teaches attorneys and clients about the many legal considerations involved in using social media. The course develops skills with case studies and business responses to the latest regulatory actions. (October 2013)
Partner Jeffrey A. Lindenbaum will be leading a CLE course entitled “Trademarks and Copyrights: A Primer Guide to Practice and Procedures” at the New York City Bar Association. (May 2013)
Partner Joshua Paul and Associate Lisa A. McAndrews presented a CLE program at Pace University Law School entitled “Trademark and Branding Litigation: Claims, Defenses, Strategies and Tactics in the Real World.” (June 2013)