Felicity Kohn

is an Associate at Pryor Cashman. She is a member of the firms’s Litigation, Intellectual Property and Media + Entertainment Groups, where she handles a wide range of intellectual property and complex commercial matters. Clients from the fashion, entertainment, publishing, media, luxury goods and pharmaceutical industries rely on Felicity’s shrewd and tireless advocacy to safeguard their valuable intellectual property assets. She brings extensive experience litigating copyright, trademark and unfair competition actions at both the state and federal level. Beyond litigation, Felicity helps her clients grow their businesses by drafting and negotiating strategic commercial agreements, including licensing, branding and partnership deals.

For more information or to contact Felicity, please visit her Firm Profile Page.

Recent Articles by Felicity Kohn

Protecting Branded Apparel IP Assets: Pursuing Counterfeiters and Their Profits

Branded apparel companies face many challenges in protecting their IP assets, including the unavailability of copyright protection for fashion designs, the length of time necessary to secure a design patent, the challenge of securing secondary meaning required for a trade dress claim before the market is flooded with knock-offs, and the geographic and practical impediments to pursuing counterfeiters, who are often foreign-based and/or judgment proof. Perhaps mindful of the limited statutory protections for IP assets and the significant damages being incurred at the hands of infringers, various courts, particularly in the Second and Ninth Circuits, have in recent years taken steps to enhance the alternatives available to apparel companies confronted by the scourge of knockoffs. Specifically, such court decisions have (1) expanded the scope of potential contributorily liable actors, and (2) broadened the means of freezing and attaching assets of foreign counterfeiters.

October 16, 2017

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