Elizabeth H. Cohen
Elizabeth has worked with major Fortune 500 companies for 25 years in a wide variety of industries including retail and fashion, entertainment, advertising, automotive, franchising, food and beverage, publishing, trade associations, software, internet, real estate, and hotel services. She focuses her practice on all aspects of trademark, copyright, and unfair competition law. Her extensive experience includes all aspects of trademark law from advising clients about adopting and registering trademarks worldwide to enforcement of rights before courts and tribunals.
Elizabeth tailors her practice to the needs of her clients. She is always mindful of legal budgets and the business implications of legal advice when consulting with clients about their intellectual property rights.
She manages large domestic and international trademark portfolios for major companies, advises on the selection and clearance of trademarks as well as clearance of product designs and packaging, and handles the filing and prosecution of domestic and international trademark applications. She routinely assists clients regarding trademark enforcement programs, licensing, Internet and domain name issues, and provides general advice and strategy regarding the protection of intellectual property. Elizabeth has advised companies on all aspects of marketing and advertising issues including claim evaluation. The matters she has handled also include copyright, utility and design patent issues, as well as federal and state unfair competition.
Many disputes can be settled, but when that is not possible, Elizabeth has been involved with all aspects of intellectual property litigation, including jury trials, on trademark, copyright, and patent infringement law, false advertising, domain name, and Internet issues and has extensive experience litigating before the US Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB), as well as Federal courts across the country.
Elizabeth also handles pro bono matters, and for many years has represented the Center for Women and Public Policy as well as other nonprofit organizations.
Before joining Arent Fox, Elizabeth practiced in New York City and Atlanta.
An active member of several professional associations, Elizabeth currently holds membership in: the International Trademark Association (INTA), where she has served on many committees; the American Intellectual Property Law Association (AIPLA); the New York Intellectual Property Law Association (NYIPLA); and the American Bar Association.
Publications, Presentations & Recognitions
Elizabeth’s publications include:
- "Packaging Alert: Every Dog Has His Day, Except at the TTAB", February 2018
- "Opening Pandora’s Trademark Box Resets Disparagement Bar," Law360, January 2016
- "Federal Circuit: Unconstitutional to Deny Trademark Registrations as 'Disparaging,'" December 2015
- “SMART ONES and SMART BALANCE Not Confusingly Similar in Light of Peaceful Co-Existence,” World Trademark Review, April 2015
- “In re Bose: The New/Old Fraud Standard,” The Maryland Bar Journal, May/June 2010 (This edition of the Bar Journal won an award for “Excellence, Creativity and Professionalism in Bar Communications.”)
- “Chapter 3: Disclosures and Discovery,” The Legal Strategist Guide to Trademark Trial and Appeal Board Practice (with co-authors David Kera and Beth Chapman), published 2010 by the ABA Intellectual Property Section
- “Copyright Infringement and the Internet,” IP Value 2004; (Globe White Pages ed. 2004)
- “Trademark Litigation in the United States,” Building and Enforcing Intellectual Property Value; (Globe White Page ed. 2003)
Her speaking engagements include:
- “Copyright and Trademark Protection for Part Numbers,” Original Equipment Manufacturers’ Association, Detroit, MI
- “Data Ownership in Clinical Trials,” 2nd Annual Internet Solutions for Clinical Trials, Washington, DC
- “Ethics in Trademark Practice,” INTA Annual Meeting, Seattle, WA
Bar & Court Admissions
- District of Columbia Bar
- Georgia Bar
- Maryland Bar
- New Jersey Bar
- New York Bar
- Supreme Court of New Jersey
- Supreme Court of the United States
- US District Court, District of Maryland
- US District Court, Eastern District of New York
- US District Court, Northern District of California
- US District Court, Southern District of New York
- US Court of Appeals, 9th Circuit
- US Court of Appeals, 2nd Circuit
- US Court of Appeals, 3rd Circuit
- US District Court, District of Columbia
New York University School of LawJD,1991Goucher CollegeBA,Phi Beta Kappa,1988