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Intellectual Property Rights Enforcement 2016


Speaker(s): Angelo E.P. Mazza, Brian W. Brokate, Bruce W. Baber, Ewa M. Abrams, James Silver, Karyn Temple Claggett, Kathleen E. McCarthy, Lesley Fair, Michael R. Graif, Siegrun D. Kane, Susan B. Allen, Victoria A. Cundiff
Recorded on: Jan. 22, 2016
PLI Program #: 149258

Bruce W. Baber is a senior partner and founding member of King & Spalding’s global Intellectual Property Practice. Mr. Baber is active in all aspects of the firm’s IP practice, with an emphasis on litigation and other contested matters.

Mr. Baber participates actively on behalf of a wide variety of clients in both jury and bench trials of patent, trademark, trade dress and copyright infringement litigation matters, as well as adversarial patent, trademark and false advertising proceedings before the U.S. International Trade Commission, the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, and the National Advertising Division of the Council of Better Business Bureaus. Since he began practice in 1979, Mr. Baber has represented many global and nationally-known companies in dozens of patent infringement, copyright infringement and trademark infringement, dilution and counterfeiting matters, as well as in a wide variety of false advertising disputes.

Mr. Baber has substantial experience in the protection of trademarks, copyrights and other forms of intellectual property, the prosecution of applications for registration of such properties, and the development and implementation of worldwide protection strategies. He has been involved in numerous major licensing and other intellectual property related corporate transactions, joint venture agreements and marketing agreements.


Professional Activities:

Ewa Abrams is Vice President - Associate General Counsel & Chief Privacy Officer of Tiffany & Co. Her work at Tiffany spans a wide variety of practice areas including corporate transactional; intellectual property and unfair competition; data privacy and security; internet and technology, advertising and media law; and regulatory and compliance matters. She is lead counsel responsible for the company’s commercial trade and technology agreements and further has responsibility over all aspects of the management of Tiffany’s worldwide intellectual property matters, including licensing, internet-related issues, advertising and social media. In her role as Chief Privacy Officer, she is manages worldwide privacy compliance for the company, including implementing compliance programs and identifying, evaluating and managing risks associated with enterprise data privacy and information management.

Ms. Abrams is an Adjunct Professor at Fordham University Law School, where she teaches a Business Law course / internship practicum.

Board Affiliations / Committees: 

Ms. Abrams served on the Board of Directors of the International Anti-Counterfeiting Coalition (c.2010- 2016) and its Executive Committee (c.2014-2016); the Advisory Board of the Center for Anti- Counterfeiting and Product Protection at Michigan State University (c. 2012-present); the New York City Bar Committee on Trademark Infringement & Unfair Competition (2016); the National Retail Federation Committee on Data Privacy & Cybersecurity (c. 2012-present) and the National Retail Federation / EuroCommerce Joint Task Force on the EU General Data Protection Regulation (2016- present).

Education:

Ms. Abrams received her Juris Doctor from Brooklyn Law School in New York (2003) and her Bachelor’s of Arts from Bucknell University in Pennsylvania (cum laude (2000)).

Speaking Engagements:

Ms. Abrams has previously presented on numerous intellectual property rights and data privacy issues for the International Trademark Association, Practicing Law Institute, the New York County Lawyers’ Association, New York City Bar, Federal Bar Association, Association of Corporate Counsel, Benjamin N. Cardozo School of Law, Fordham Law School, as well as other anti-counterfeiting, brand protection and data privacy forums (c.2004-present).


Ms. Temple Claggett is Associate Register of Copyrights and Director of Policy and International Affairs.  As Associate Register, she manages the Policy and International Affairs department of the Copyright Office and assists the Register in advising Congress and executive branch agencies on domestic and international matters of copyright law and policy.  Ms. Claggett and her staff also represent the Copyright Office on U.S. government delegations to international organizations, including the World Intellectual Property Organization (WIPO), and in meetings and negotiations with foreign governments. 

Before joining the Copyright Office as Senior Counsel in 2011, Ms. Temple Claggett served as Senior Counsel to the Deputy Attorney General of the United States, where she assisted with the formulation of Department of Justice policy on intellectual property and other sensitive legal issues, and helped manage the Department’s Task Force on Intellectual Property. She also held several positions in private practice, including at the law firm Williams & Connolly, LLP and as Vice President, Litigation and Legal Affairs at the Recording Industry Association of America.  Ms. Temple Claggett began her legal career as a law clerk to the Honorable Nathaniel R. Jones of the U.S. Court of Appeals for the Sixth Circuit, after which she joined the U.S. Department of Justice’s Civil Division through its prestigious Honors Program.  Ms. Temple Claggett previously served as an elected Steering Committee Member of the D.C. Bar Association’s Intellectual Property Section, including several years as Copyright Committee Chair.

Ms. Temple Claggett earned her law degree from Columbia University School of Law, where she was a Harlan Fiske Stone Scholar, Senior Editor of the Columbia Law Review and chair of the Columbia Black Law Students Association.  She also holds a bachelor’s degree in English from the University of Michigan.


Angelo Mazza is a Partner  in the Intellectual Property area at the firm of Gibney Anthony & Flaherty LLP in New York.

At the firm, he counsels clients on Customs enforcement issues such as recordation, abandonment and trade facilitation. He also works extensively on matters covering online channels used by counterfeiters and methods to diminish sales and target those sellers. He advises clients in developing and implementing enforcement programs.

Mr. Mazza has organized and conducted training sessions for CBP, ICE, FBI and state and local law enforcement.  Over the course of over 25 years involved in training programs, he has trained over 60,000 enforcement personnel. He works closely with law enforcement at all levels to organize and carry out training related to counterfeit products and applicable laws. He serves as the IACC’s Director of US Trainin and he created the IACC’s well regarded training programs and materials for law enforcement which are updated annually and on their 17th edition.  

Mr.  Mazza is a graduate of Fordham University and Fordham University School Law. 


Brian Brokate is the head of Gibney, Anthony & Flaherty’s Intellectual Property Practice Group. He has extensive experience assisting brandowners in enforcement procedures to combat trademark and copyright infringement. Mr. Brokate focuses on anti-counterfeiting and anti-piracy and handles all stages of civil anti-counterfeiting and infringement litigation.

Mr. Brokate is an Advisory Board Member of the International Anti-Counterfeiting Coalition, Inc. (IACC). He is the Treasurer of the New York Task Force, a coalition of brand owners affected by counterfeiting. He also serves on the Tariff & Embargo Committee of the International Trademark Association (INTA). 

Recognized as an industry leader, Mr. Brokate is frequently quoted on trends in intellectual property law. He has also authored and co-authored numerous articles and publications and speaks before industry and trade associations on intellectual property law issues including infringement, anticounterfeiting, enforcement strategies and trade dress.


Lesley Fair is a Senior Attorney with the Federal Trade Commission’s Bureau of Consumer Protection, where she has represented the FTC in numerous investigations of false advertising. She was a litigator with the FTC’s Division of Advertising Practices for more than 20 years and now specializes in industry education as the agency’s business blogger, business.ftc.gov. Lesley is among the few attorneys to have received the FTC’s Robert Pitofsky Lifetime Achievement Award. 

She is the author of FTC Regulation of Advertising in Food and Drug Law and Regulation (3d ed. 2015) and The FTC & Social Media in Social Media and FDA: The Essential Guide (2010). From 2000 to 2015, Lesley served as Vice-Chair of the American Bar Association’s Consumer Protection Committee. 

On the faculty of the Catholic University School of Law since 1984, Lesley holds the title of Distinguished Lecturer. She also teaches Consumer Protection Law at The George Washington University Law School. 

Lesley graduated from the University of Notre Dame and received a J.D. from the University of Texas School of Law. She clerked for United States District Judge Fred Shannon and served as staff counsel to the United States Court of Appeals for the Fifth Circuit in New Orleans.


Siegrun D. Kane is a partner in Kane Advisors, LLP. She received her J.D. from Harvard Law School and specializes in litigating trademarks in the federal courts and the USPTO.

Siegrun is the author of Kane on Trademark Law published by PLI now in its 6th Edition’ and updated bi-annually.

Siegrun also acts as a consulting and testifying expert. She has been repeatedly listed in The Best Lawyers in America, New York Super Lawyers and other “Who’s Who” publications.  The Wall Street Journal has reported her views on trademark issues.

Siegrun lectures frequently for PLI, and other CLE organizations. 


Victoria Cundiff is a partner at Paul Hastings resident in New York, where she is a leader of the Firm’s nationally ranked global trade secrets litigation practice.  She works with clients in industries including technology, software, media, financial services, insurance, pharmaceuticals, chemicals and sales and distribution organizations. She has tried trade secrets and related commercial and intellectual property disputes throughout the United States and before a variety of arbitration and mediation tribunals.  As important is her work to help organizations avoid litigation.  She has designed confidential verification protocols for resolving intellectual property use and ownership disputes in and outside court. 

Ms. Cundiff is a Visiting Lecturer in Law at Yale Law School, where she teaches intellectual property law and at the University of Pennsylvania Law School, where she teaches trade secrets law.  She is listed in The Best Lawyers in America; Chambers; Legal 500 (which has named her a “Leading Lawyer” nationally in Trade Secrets Litigation); and New York Super Lawyers, among other directories. She is the Vice Chair of the IPO’s Committee on Trade Secrets.


James Silver is Deputy Chief for Litigation of the Computer Crime and Intellectual Property Section of the U.S. Department of Justice.  In this role, he oversees prosecutions commenced nationwide by the Section’s attorneys, which involve offenses including computer intrusion, wire fraud, identity theft, cyberstalking, trade secret theft, counterfeiting, and copyright offenses. 

Mr. Silver obtained the first-ever conviction of a foreign hacker for stealing trade secret information from a U.S. corporate victim.  He also was part of the team that obtained the first-ever charges against uniformed members of a foreign military for stealing trade secrets from U.S. victims. 

Prior to joining the Justice Department, Mr. Silver served as anti-piracy counsel at a publicly-traded technology company, and worked at a law firm and the Federal Trade Commission.  He also served as a federal law clerk.  Mr. Silver received his law degree and a Master’s degree in English literature from Duke University, and his undergraduate degree from Stanford University. 

Mr. Silver has received the Attorney General’s Award for Distinguished Service, and twice received the Assistant Attorney General’s Award for Exceptional Service. 


Michael is an intellectual property attorney whose practice encompasses trademark and copyright enforcement, technology and licensing transactions, patent and trademark portfolio management, and counseling clients on intellectual property issues that arise in business deals. He also has extensive experience in cybersecurity, privacy, and social media law. His clients range from start-ups to Fortune 500 companies in a broad range of industries, including technology, manufacturing, sports & entertainment, and digital & social media.

The rights enforcement side of Michael’s practice includes trademark, copyright, and patent matters, domain name proceedings, and advising clients on publicity and privacy rights.

Michael’s IP transactional work includes drafting licensing, joint venture, and other agreements involving trademarks and technology. He also frequently conducts due diligence on intellectual property issues related to mergers and acquisitions, securitizations, loans, securities offerings, and other transactions.

Michael has been interviewed on television and quoted in national media outlets on file-sharing and copyright issues. Along with appearing on Bloomberg Television and Reuters Television, he has been quoted in the Washington Post, San Francisco Chronicle, Above the Law, The Guardian of London and The Daily Deal, and other news outlets. He teaches social media law as a lecturer in law at the University of Pennsylvania Law School and an adjunct professor at Benjamin N. Cardozo School of Law.

Prior to joining Mintz, Michael was chair of the intellectual property group at a New York-based international law firm, where he was a partner for a decade. Earlier, he was a partner at a Washington, DC-based national law firm; a counsel and associate at another New York-based global law firm; and an associate at a New York-based intellectual property law firm.


Katie McCarthy is a partner in the New York office of King & Spalding’s IP practice group with 31 years of experience in trademark, design, internet, advertising and copyright matters. 

Katie advises clients on global IP issues and litigates IP cases in the federal courts and the U.S. Patent and Trademark Office Trademark Trial and Appeal Board. 

Katie is active on the Board of Directors of the New York Intellectual Property Law Association (NYIPLA) and is currently President-Elect of that organization, slated to take over as President in May. 

Katie recently finished a two-year term as the Editor-In-Chief of the International Trademark Association’s scholarly journal The Trademark Reporter, having written, solicited and edited articles for the journal for more than 20 years. 

Katie speaks frequently for the NYIPLA, INTA and PLI, and serves as one of the editors for the PLI book, Kane on Trademark Law.  Katie also actively promotes diversity in the profession through her involvement in King & Spalding’s Women in IP initiatives.

Katie lives in Astoria, New York where she, her husband and two sons can be found frequently hosting assorted siblings, nieces, nephews, cousins and friends.


Susan Allen is an attorney-advisor for the USPTO’s Office of Policy and International Affairs (OPIA) copyright team. She currently covers Canada, the Middle East, Russia/CIS and is a co-lead for Europe. She began her career at the USPTO as a trademark examining attorney, and practiced at law firms in San Francisco and Washington, DC before returning to the USPTO in 2012. She has over ten years’ experience as an intellectual property attorney, covering trademarks, copyrights, domain names, privacy and publicity rights, and is particularly interested in issues involving the intersection of technology and intellectual property.