Brian Focarino

Brian Focarino

Brian Focarino is an Associate in the trademark, copyright and advertising group at Cooley in Silicon Valley, a Young Lawyer Fellow for the American Bar Association Section of Intellectual Property Law, and a Fellow of the Internet Law & Policy Foundry. Prior to Cooley, he was a legal intern for trademarks and digital media law at Google in Silicon Valley, a legal intern for trademark, copyright and Internet law at Verizon, and a judicial intern for The Honorable Randall R. Rader, former Chief Judge of the U.S. Court of Appeals for the Federal Circuit. For more information please visit his firm profile page.


Posts by Brian Focarino


C-Suite Executives More Aware of Trademark Portfolio Risk and Reward

Eight in ten C-level executives believe trademark infringement of their marks is on the rise... Despite their feeling that trademark infringement is on the rise, 66% of organizations …
By Brian Focarino
4 months ago 0

Supreme Court to Consider “Disparaging” Trademarks

The U.S. Supreme Court agreed yesterday to review a Federal Circuit ruling that held unconstitutional a law prohibiting registration of trademarks that “may disparage” people or …

Trader Joe’s and Extraterritorial Application of the Lanham Act

Trader Joe’s sued Hallatt (d/b/a Pirate Joe’s) for trademark infringement in the Western District of Washington, invoking the court’s federal question and …
By Brian Focarino
11 months ago 1

Brand Owners Watch as Smoke Clears on Plain Packaging Efforts

The major premise of plain packaging is that when stripped of producers’ logos, brand images and promotional matter, tobacco products simply aren’t as attractive to consumers. …
By Brian Focarino
1 year ago 2

Social Media and the Rise of Opportunistic #Trademark Filings

Last June, Walter Palmer, an American dentist and recreational big game hunter, shot and killed Cecil, a southwest African lion who had been the subject of a …
By Brian Focarino
1 year ago 1

Napa Valley Vintners first wine group in US to receive certification mark registration

Earlier this month, Napa Valley Vintners (NVV), the nonprofit trade association that works to “promote, protect and enhance the Napa Valley appellation,” became the first wine group …
By Brian Focarino
2 years ago 2

Unconstitutional – CAFC Rules PTO Cannot Deny Registration for Disparaging Trademarks

Yesterday the Federal Circuit in an en banc decision held that the portion of Section 2(a) of the Trademark Act, which bars federal registration for trademarks that …
By Brian Focarino
2 years ago 4

‘Happy Birthday To You’ Now In the Public Domain (Sort of)

For as long as I can remember, whenever we celebrated a birthday, we inevitably would gather around the birthday boy or girl and sing “Happy Birthday To …

Trademark Tea Leaves: Balancing Product Secrecy with Public Trademark Registration

Among the most promising tech tea leaves product launch predictors rely on are publicly available applications and registrations for intellectual property. Given the importance of product launches …
By Brian Focarino
2 years ago 0

To the Batmobile! Copyright Saves the Day in Gotham City

Mark Towle owns Gotham Garage, which manufactures and sells replicas of automobiles featured in famous motion pictures and television programs. Gotham Garage specifically sold fully constructed cars …
By Brian Focarino
2 years ago 0

Dancing Baby Center of Test Case Over Bad DMCA Takedown Requests

In February 2007, Stephanie Lenz uploaded a 29-second video of her son dancing in her kitchen to the Prince song “Let’s Go Crazy” to YouTube. Universal Music …
By Brian Focarino
2 years ago 2

Big Tobacco Heads to Court Over Cigarette Plain Packaging Laws

The British legislation, aimed at curbing demand for cigarettes, requires that all cigarettes be sold in uniform packs with all branding, including colors, logos and other trademarks, …
By Brian Focarino
2 years ago 6

Bad News for the Redskins Trademark – Registration Exempt from First Amendment Scrutiny

Last Wednesday the Eastern District of Virginia issued its opinion and order on cross-motions for summary judgment in Pro-Football v. Blackhorse, the case in which the National …
By Brian Focarino
2 years ago 1

Free Speech or Scandal? The Slants Case and the Future of Disparaging Trademarks

Last week the Federal Circuit scheduled oral argument en banc in THE SLANTS trademark case for the morning of October 2, 2015, taking up the question of whether §2(a) …
By Brian Focarino
2 years ago 10