Skip to main content

Intellectual Property Rights Enforcement 2017


Speaker(s): Angelo E.P. Mazza, Brian W. Brokate, Bruce W. Baber, Claudia Ray, John H. Zacharia, John Maltbie, Justin E. Pierce, Kathleen E. McCarthy, Lesley Fair, Leslie M. Spencer, Siegrun D. Kane, Sophia Lee
Recorded on: Jan. 20, 2017
PLI Program #: 185469

Brian Brokate is the head of Gibney’s Intellectual Property Practice Group. He guides emerging businesses and leading global brands in developing comprehensive intellectual property protection programs. He designs proactive brand protection strategies to secure their intellectual property in the United States and abroad and help advance their business goals. His work includes enforcement procedures to combat trademark and copyright infringement, civil anti-counterfeiting and infringement litigation and state and federal criminal actions. 

He is partnering with brands to address the rise of counterfeiting during the pandemic, including establishing enforcement priorities, recommending cost-effective protection strategies and working closely with US Customs and Border Protection. 

Brian has been recognized as an industry leader in publications including World Trademark Review and IP Stars, and he is frequently quoted on trends in intellectual property law. He is a speaker and author for PLI, focusing on intellectual property rights and anticounterfeiting enforcement, as well as trade dress trends and protection best practices. 

Brian is a member of Gibney’s Management Committee and he serves on the board of the Intercontinental Grouping of Accountants and Lawyers (IGAL). 


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 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.


John H. Zacharia is the Founder of Zacharia Law PLLC, a law firm dedicated to helping clients combat cyber theft and protect and enforce their intellectual property (IP) rights. Previously, as the Assistant Deputy Chief for Litigation of the Computer Crime and Intellectual Property Section (CCIPS) of the United States Department of Justice’s Criminal Division, John was responsible for supervising all of the IP and cybercrime prosecutions by the Section’s 40 attorneys. In his 12 years at CCIPS, John became one of the most experienced federal prosecutors of IP crime in the country.

Notably, John prosecuted and obtained jury verdicts in one of the largest counterfeit goods prosecutions in U.S. history, and he successfully argued for and defended the convictions before the U.S. Court of Appeals for the Fourth Circuit. John also secured a number of “first of its kind” convictions, including the first-ever conviction and sentencing of a cyberlocker operator, and the first-ever prosecution and conviction for criminal copyright infringement of mobile device applications (“apps”).

John is a globally recognized expert in IP law and policy, having worked directly with and trained law enforcement officials from over sixty countries. Before joining CCIPS, John was a trial attorney with the Federal Programs Branch of the Justice Department’s Civil Division, where he personally handled several significant IP cases of first impression, including cases in which he successfully defended against challenges to the constitutionality of the Copyright Act and the Digital Millennium Copyright Act. 

?John has authored and co-authored several articles and studies in the area of IP. Most recently, John co-authored an article entitled “Congress’s Proposed E-Commerce Legislation for Regulation of Third-Party Sellers: Why It’s Needed and How Congress Should Make It Better” (published by the University of California-Davis Business Law Journal) and co-authored a study entitled “International Judicial Cooperation in Intellectual Property Cases” (published by the European Union Intellectual Property Office). John currently teaches Intellectual Property Criminal Law at the George Washington University School of Law.


Angelo Mazza 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, the FBI and local enforcement agencies throughout the country.

Angelo is at the forefront of anti-counterfeiting issues, an issue impacting every brand, and has an awareness of global industry trends. He develops an understanding of his clients’ business goals and creates comprehensive solutions to address current anti-counterfeiting issues and prepare them for future challenges.

He has developed a niche focus on internet matters and manages the firm’s Internet Enforcement Program, working with associates, brand protection specialists and researchers to monitor counterfeit activity including online marketplaces and sites, social media platforms and other emerging technologies.  He also handles UDRP proceedings and traditional domain name disputes.

Angelo interacts regularly with U.S. Customs and Border Protection and actively participates in U.S. Chamber of Commerce efforts to implement policy changes and best practices.

For 30 years, Angelo has provided training sessions for law enforcement at the federal, state and local levels through the International AntiCounterfeiting Coalition (IACCC).  As the current Director of U.S. Training, he is the driving force behind the IACC’s online and app based educational materials to assist law enforcement in fighting intellectual property crimes.


John Maltbie has served as the Director of Intellectual Property, Civil Enforcement for Louis Vuitton North America, Inc. since October 2012.  In that role, he oversees the intellectual property civil litigation and enforcement activities for some of the world’s most famous luxury brands, including, Louis Vuitton, Christian Dior, Givenchy, Céline, Marc Jacobs, Emilio Pucci, Kenzo, Berluti, and Loewe.  Prior to joining Louis Vuitton, John was an intellectual property associate at the law firm of Arnold & Porter LLP, among others, where he represented clients, including, Gucci, Alexander McQueen, Bottega Veneta, Nike, adidas, Paramount Pictures, and Pernod Ricard, with respect to intellectual property issues ranging from trademark prosecution and licensing to brand enforcement and anti-counterfeiting.  John has written a number of articles and chapters concerning intellectual property and was recognized by the Chambers USA Awards for Excellence 2012 as an “Associate to Watch” for Intellectual Property.

John received a Bachelor of Arts degree from New York University and a Juris Doctor degree from Brooklyn Law School.


Justin Pierce's practice covers a wide range of intellectual property matters, including patent litigation, trademarks and brand protection, anti-counterfeiting, copyrights, design rights, trade secrets, licensing, rights of publicity, domain name and social media disputes, and international government affairs work relating to intellectual property matters.

Mr. Pierce has significant experience advising companies and their executives on how best to acquire, develop and use intellectual property to achieve business objectives. Mr. Pierce has served as an in-house counsel for a major multinational corporation for a number years, and has substantial knowledge of the business and strategy issues that challenge executives and their in-house legal teams. Mr. Pierce regularly speaks and writes on a number of cutting-edge intellectual property, brand and content protection issues.

Beyond his experience as an attorney, Mr. Pierce is also an inventor, with a patent and published applications dealing with mobile applications, augmented and virtual reality, gaming and anti-counterfeiting technology. Mr. Pierce is a graduate of the U.S. Military Academy at West Point, served as an infantry officer in the U.S. Army, and attained the rank of Captain prior to attending George Washington University Law School.

Mr. Pierce has represented a number of clients in litigation involving patents, trade secrets, trademarks, copyrights and advertising claims in a variety of industries, including apparel, consumer goods, electronics, food and beverage, footwear, media, mobile device, pharmaceutical, software and telecommunications. He has handled cases in U.S. federal courts and the U.S. International Trade Commission.

Education:

  • J.D., George Washington University Law School, 2000
  • B.S., United States Military Academy at West Point, 1992

 Professional Memberships:

  • American Bar Association
  • American Intellectual Property Lawyers Association
  • International Trademark Association


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.


Leslie Spencer, co-chair of the firm's diversity committee, is a partner in the IP litigation practice. She works with clients on intellectual property matters involving software, networking, security, financial technology (“FinTech”) and other emerging technologies. She has over 15 years of experience litigating patent disputes in district courts, including through Markman hearing, trial and appeal to the U.S. Court of Appeals for the Federal Circuit. She is a registered patent attorney, and appears before the Patent Trial and Appeal Board. Leslie also counsels clients regarding IP asset protection, IP transactions and freedom-to-operate opinions.

Prior to practicing law, Leslie worked for financial services and e-commerce companies, and supervised the development of a smart card-based secure transaction system.


Primary Areas of Practice: Copyright, trademark and internet-related licensing, counseling, litigation, administrative proceedings and arbitration.

 

Law School/Graduate School: NYU

 

Work History: O’Melveny & Myers LLP (1992-2009); Kirkland & Ellis LLP (2009-present)

 

Professional Memberships:  ABA; INTA; NY State Bar Association; NY City Bar Association; AIPLA


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. 


Katie McCarthy is a partner in the New York office of King & Spalding’s IP practice group with more than 30 years of experience in trademark, design, internet, advertising and copyright matters.  Katie graduated from Columbia University School of Law and secured her bachelor’s in psychology from The College of the Holy Cross.

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

Katie is actively involved with the New York Intellectual Property Law Association (NYIPLA), having just finished several years on the Board and a term as President. 

Katie also 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.  Her article on trademark parodies, “Free Ride or Free Speech: Predicting Results and providing Advice for Trademark Disputes involving Parody,” was published in The Trademark Reporter in 2019 and won INTA’s 2020 Ladas Memorial Award in the Professional Category.

Katie speaks frequently for the NYIPLA, INTA and PLI, and serves as the new editor for the PLI one volume treatise, Kane on Trademark Law.  Katie also actively promotes diversity in the profession through her involvement in King & Spalding’s Women in IP and Technology initiatives and her mentorship of young lawyers and law students through various programs including the Leadership Council on Legal Diversity.

Katie lives in Astoria, New York with her husband and two sons.


As General Counsel, Sophia oversees all legal and intellectual property matters for IEX.   Sophia has a combination of 20 years of legal experience in the financial services industry and private law firm practice, advising technology and financial services firms on corporate governance, strategic partnerships, acquisitions, financings and intellectual property matters. Sophia was previously deputy general counsel of block trading venue Liquidnet, where she served as liaison with global regulators regarding equity market structure issues, set up an ATS in each of the US, Canada and various countries in Asia Pacific. Between 2000 and 2004, Sophia served as associate general counsel at agency-only broker ITG. Sophia also spent 4 years as a mergers & acquisitions associate at Paul, Weiss, Rifkind, Wharton & Garrison and is a CFA charterholder. She received her J.D. from NYU School of Law and her B.S. from M.I.T.