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Intellectual Property Law: Trademark and Copyright Review 2020


Speaker(s): Brian W. Brokate, Douglas (Chip) A. Rettew, Jonathan E. Moskin, Kenneth B. Germain, Peter Harvey
Recorded on: Sep. 15, 2020
PLI Program #: 304514

Brian Brokate is the head of Gibney, Anthony & Flaherty’s Intellectual Property Practice Group. He assists brand owners in securing and protecting their intellectual property in the United States and abroad. Working closely with his clients over many years, he has developed their comprehensive intellectual property protection strategies to support their growth from emerging businesses to leading global brands.

Mr. Brokate has extensive experience in enforcement procedures to combat trademark and copyright infringement. He manages all stages of civil anti-counterfeiting and infringement litigation as well as providing support to state and federal criminal actions.

Mr. Brokate serves on the board of several industry organizations including being involved in various with the International Trademark Association (INTA) and the Intercontinental Grouping of Accountants and Lawyers (IGAL).

As a recognized industry leader, Mr. Brokate is frequently quoted on trends in intellectual property law. He is a speaker and author for PLI and other educational forums, focusing on intellectual property rights and enforcement. 


Peter Harvey is the founder of Harvey & Company in San Francisco. His practice emphasizes trademark, trade dress, copyright, trade secrets, and unfair competition litigation in U.S. federal courts. He also advises on IP rights clearance, registration, and management. He has assisted clients in a wide variety of industries, including alcoholic beverages, entertainment, healthcare, real property development and management, tourism, clinical pharmaceutical research, food and wine, and consumer products and services.

Mr. Harvey’s more significant cases include representing an Italian motor scooter manufacturer against a former Indian licensee selling infringing copies of the scooter (Piaggio & C.S.p.A. v. Bajaj Auto Ltd.), securing a defense verdict following a jury trial against a Canadian creator of classical music products for children, and its U.S.-based distributor, in a trademark infringement action (Mavrides v. Hammond); defending a trademark infringement action brought by Jacques Cousteau and The Cousteau Society against Mr. Cousteau’s son arising out of the latter’s use of the Cousteau name in connection with a luxury eco-resort in the Fiji Islands (The Cousteau Society v. Post Ranch); and securing the Ninth Circuit’s affirmance of a summary judgment involving tequila bottle trade dress (E. & J. Gallo Winery v. Proximo Spirits, Inc.).  In addition to his trial practice, Mr. Harvey has served as an expert witness and mediator in a variety of cases involving trademark and other IP issues.

Mr. Harvey is identified in Who’s Who Legal and the World Trademark Review’s WTR300 as a recognized international expert in trademark law and has been honored among Northern California Superlawyers for many years. He has been very active in the International Trademark Association (INTA). He currently serves on INTA’s Trademark Mediators Network and its Academic Committee.  He was an INTA board member in 1994-1996, has chaired several INTA committees, served as INTA’s Counsel in 2008-2009 and received the INTA President’s Award in 2012. Since 2001, Mr. Harvey has taught Entertainment & Media Law as an Adjunct Professor at the University of San Francisco School of Law. He was honored as the Adjunct Professor of the Year in 2013.  Since 2016, he has co-directed the law school’s Summer Externship Program in European Intellectual Property Law.

Mr. Harvey is a frequent speaker and widely-published author. For his full curriculum vitae, see his firm’s website at www.harvey.law.

After a childhood in suburban Chicago and graduation from Lake Forest High School in Lake Forest, Illinois, Mr. Harvey attended Cornell University’s College of Arts and Sciences, graduating magna cum laude in economics and with distinction in all subjects.  He received his law degree from Yale Law School. He has practiced law in San Francisco ever since. Contact Peter Harvey at pharveyr@harvey.law.


PROFESSIONAL POSITIONS

Of Counsel: Wood Herron & Evans LLP (Cincinnati, OH) (2010- )
Of Counsel: Greenebaum Doll & McDonald PLLC (Cincinnati, OH) (2008-10)
Partner/Of Counsel: Thompson Hine LLP (Cincinnati, OH) (2002-08)
Partner/Member: Frost Brown Todd LLC [formerly Frost & Jacobs LLP] (Cincinnati, OH) (1988-2002)
Of Counsel: Banner & Witcoff [formerly Banner, Birch, McKie & Beckett] (Washington, DC) (1987-88)
Counsel: King & Schickli (Lexington, KY) (1982-87)
Distinguished Senior Fellow: NKU Chase College of Law (Highland Heights, KY) (2013-2014)
Distinguished Professorial Practitioner in Residence: University of Dayton School of Law (Dayton, OH) (2007-2013)
Adjunct Professor: University of Cincinnati College of Law (1988-2006)
Adjunct Professor: American University College of Law (Washington, DC) (1987-88)
Visiting Professor: George Washington University National Law Center (Washington, DC) (1986-87)
Professor of Law: University of Kentucky College of Law (Lexington, KY) (1971-86)
Instructor in Law: Indiana University School of Law (Bloomington, IN) (1969-71)

LEGAL AFFILIATIONS/RECOGNITIONS

State Bar of California (1970- ) [inactive]
Ohio State Bar (1989 - )
Board of Advisors, Restatement (Third) of Unfair Competition (1987-92)
Advisory Board, Patent, Trademark and Copyright Journal (1987- )
Founder/Program Chair, All Ohio Annual Institute on Intellectual Property (1990-2013; Program Chair Emeritus 2014- )
Member, Board of Directors, United States Trademark Assn. (1990-92)
Member, Cincinnati Intellectual Property Law Association (1988- )
The Best Lawyers in America (1991-92 and later editions)
Marquis’ Who’s Who in American Law and Who’s Who in the World
Guide to the World’s Leading Experts in Trade Mark Law (1996 and later)
Who’s Who Legal, The International Who’s Who of Trademark Lawyers (2001- )
Chambers USAA, America’s Leading Lawyers for Business (2004- )
Ohio Super Lawyers 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013
World Trademark Review, The World’s Leading Trademark Professionals (2014- )
Member, INTA Panel of Neutrals (2000-2011)
Best Lawyers “Lawyer of the Year 2011” (Intellectual Property Law - Cincinnati, OH)
Best Lawyers “Lawyer of the Year 2012” (Trademark Law – Cincinnati, OH)
Best Lawyers “Lawyer of the Year 2014” (Litigation, IP and Trademark Law)

FORMAL EDUCATION
New York University School of Law, J.D., 1969; N.Y.U. Law Review, Associate Editor
Rutgers College, A.B., 1966 (Magna Cum Laude); Elected to Phi Beta Kappa (1966)

PRESENTATIONS/PUBLICATIONS

Over 240 public lectures; over 10 in-house presentations; over 20 publications


Douglas (Chip) Rettew is a partner in the Washington, DC office of Finnegan Henderson. He has been recognized in World Trademark Review WTR 1000 as ”[o]ne of the best litigators in the country with an unbelievable success rate,” and “a go-to litigation lead for world-famous consumer brands.” He focuses his practice on trademark, false advertising, and unfair competition litigation and disputes.

Doug litigates cases involving a broad range of issues, including traditional trademarks, false advertising, product disparagement, rights of publicity, unfair competition, trade dress, design patents, and domain names. Doug is also involved in advertising issues and counseling, right-of-publicity matters, and trademark and copyright prosecution and licensing. Clients include Under Armour, Bridgestone, the NFL Players Association, Capital One, Subaru, the Association of Tennis Professionals (ATP), and PNC Bank. 

Doug has first-chair jury and bench trial and appellate experience and has argued appeals before the U.S. Courts of Appeals for the Federal, Fourth, and Eighth Circuits. He also litigates oppositions, cancellations, and ex parte appeals before the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (USPTO). Doug has significant experience in obtaining (and defeating) temporary restraining orders (TROs) and preliminary injunctions, including those involving counterfeiting and ex parte seizures. He previously served as leader of the firm’s trademark and copyright practice and is currently serving on the firm’s compensation committee.

 


Jonathan E. Moskin is a partner and intellectual property lawyer with Foley & Lardner LLP. He has acted as lead trial counsel and otherwise litigated trademark, copyright and patent cases, as well as contract disputes, privacy matters, false advertising and right of publicity cases in numerous federal, trial and appellate courts. He is a member of the IP Litigation, Security & Information Management Practice groups.

Prior to joining Foley, Mr. Moskin was a partner at White & Case LLP and Pennie & Edmonds, LLP, where he was chair of the Trademark/Copyright Group. He has successfully represented major companies in intellectual property matters, including Acco Products; Aristocrat Technologies; Bacardi & Co.; Booking.com, Cablevision; Calvin Klein; Cannondale Bicycle Corp.; Citigroup; Caesars Entertainment; Diageo; Deutsche Bank Trust Co.; Emjoi, Inc.; Field & Stream Holdings, LLC; Games Workshop; Hasbro; Herman Miller, Inc.; Ingersoll-Rand; Jim Beam Brands; JP Morgan & Chase Co.; Kayak Software Corp.; Novartis; Phillips Van Heusen; Priceline; QVC; Rambus, Inc.; Stiefel Laboratories; Swiss Army Brands, and Valentino.