Thomas P. Gulick

Senior Associate
tgulick@collenip.com
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Thomas P. Gulick has a broad practice that extends to all aspects of trademark and copyright counseling, portfolio management, licensing, and litigation in federal trial and appellate courts and the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office.

Representative Cases

Costco Wholesale Corp. v. Omega S.A.

(United States Supreme Court; Ninth Circuit Court of Appeals; Central District of California)

  • Our client, the watch company Omega S.A., sued the retail chain Costco for copyright infringement arising from Costco’s unauthorized sale of gray market OMEGA watches. The Ninth Circuit agreed with our position that the Copyright Act’s “first sale” doctrine, 17 U.S.C. § 109(a), applies only to copyrighted items that are made and distributed in the United States. An equally divided U.S. Supreme Court affirmed.

 

The Swatch Group (U.S.) Inc. v. Stürhling Original LLC

(Eastern District of New York)

  • Represented the owner of the HAMILTON watch brand in trade dress litigation brought against competitor. We argued that the HAMILTON Ventura watch’s distinctive face and design attributes was protectable trade dress, and that defendant’s STÜRHLING Ricochet watch infringed client’s rights. Case settled on terms favorable to client.

 

Loris Azzaro, B.V. v. Del Laboratories, Inc.

(Eastern District of New York)

  • Represented the plaintiff, a Dutch corporation, in litigation challenging defendant competitor’s labeling, advertising and point of sale materials relating to nail care products.
Professional Leadership

Mr. Gulick participates actively as a member of the International Trademark Association’s (“INTA”) Parallel Imports (North America) Committee, and previously served on INTA’s Enforcement Committee.  He also is active in The Copyright Society of the United States and the New York State Bar Association.

Honors, Articles, and Speaking Engagements

Mr. Gulick is a frequent speaker and author on intellectual property law issues, including:

  • “Legal Considerations for New York Franchises,” presentation at Westchester County Bar Association (2016)
  • “Supreme Court 4-4 Split Decision in Costco v. Omega Results in Affirmance on Limitation of First Sale Doctrine,” article published in IP Strategist (2011)
  • “Intellectual Property: Trademark, Copyright, Trade Secrets, Internet Law, Domain Name Disputes, and Patents,” presentation at Pace University Law School (2009)
  • “Intellectual Property Considerations for Business Conducted over the Internet,” presentation at Pace University Law School (2008)
Bar Admissions
  • New York State
  • Massachusetts
  • New Jersey
  • United States Court of Appeals for the Ninth Circuit
  • United States District Court, Southern District of New York
  • United States District Court, Eastern District of New York
Education

Mr. Gulick is a graduate of Boston College (B.A.) and Wake Forest University Law School (J.D.). He served as an editor of the Wake Forest University Intellectual Property Journal.