Overview
Claire Gibson advises clients ranging from small businesses to Fortune 500 companies across diverse industries, including media, technology, fashion, retail, and financial services. She guides clients on a wide range of intellectual property matters, providing strategic counsel to legal, business, and marketing teams. Claire has extensive experience in brand clearance, prosecution of trademark, service mark and trade dress applications, rights enforcement and licensing for domestic and global portfolios as well as the management of disputes before the U. S. Trademark Trial and Appeal Board (TTAB).
She possesses extensive experience in advising clients on the enforcement of their rights and developing comprehensive rights enforcement protocols. This includes handling the execution and defense of trademark, copyright, and trade dress infringement claims. She excels in reviewing and analyzing evidentiary materials, contributing to the development of case strategies from pre-suit investigations through ultimate resolution.
Additionally, she actively participates in and supervises the seizure of counterfeit or infringing merchandise and contributes to trademark, copyright, and domain enforcement efforts. Her multifaceted skills make her a valuable asset in ensuring the robust protection and strategic management of intellectual property for her clients.
Claire also guides clients through the complexities of copyright defense and enforcement, addressing issues such as fair use and Digital Millennium Copyright Act (DMCA) compliance. Her approach is rooted in protecting and enhancing clients' intellectual property assets, ensuring compliance and mitigating risks in domestic and international markets.
Experience
Counseled a global media company on trademark portfolio management, including clearance, registration and enforcement in over 50 jurisdictions
Defended a prominent retail client in a trademark opposition proceeding before the TTAB
Advised a technology company on copyright enforcement, including DMCA takedown notices and litigation support
Negotiated and drafted complex licensing agreements for fashion and medical device companies, ensuring compliance with international IP standards
Represented a publishing company in the acquisition and assignment of significant trademark assets
Opposed trademark applications in TTAB proceedings, securing favorable outcomes based on senior common law rights
Overcame likelihood of confusion refusals for marks in the apparel, financial services, and blockchain industries, enabling registration
Resolved descriptive and functionality refusals, including securing registration for 3D design marks and trade dress applications for apparel industry clients
Managed international trademark portfolios for leading brands in construction, hospitality, and entertainment, overseeing registration, and enforcement actions in over 50 jurisdictions
Directed enforcement against cyber squatters, filing UDRP complaints and issuing demand letters to reclaim domain names
Negotiated and drafted licensing agreements and distribution contracts for clients in the apparel and beverage industries, ensuring protection of clients' IP assets
Counseled business clients on trademark clearance, brand development, and enforcement strategies, including coordinating global IP protection efforts
Represented clients in oppositions and appeals before the TTAB, achieving successful resolutions
Managed anti-counterfeiting actions, including issuing takedown notices and cease-and-desist letters against infringers in online marketplaces
Advised on intellectual property agreements in support of mergers and acquisitions, including drafting IP provisions and overseeing trademark asset transfers
Education and Credentials
Education
- Brooklyn Law School, J.D.
- Columbia College of Columbia University, B.A., Political Science
Admissions
- State of New York
Affiliations
- New York State Bar Association, Intellectual Property Section, Chair, Trademark Law Committee, 2024-Present
- National Conference of Women's Bar Associations (NCWBA), Board, 2024-Present
- Military Spouse Juris Doctor Network (MSJDN), Immediate Past President, 2024-Present
- New York City Bar Association, Trademarks & Unfair Competition Committee, Board Member, 2023-Present
Recognition and Community
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Recognitions
Recipient of the Excellence in Leadership Award from the Military Spouse Juris Doctor Network (MSJDN), 2021
Named a Thomas G. Labrecque Scholar by JPMorgan Chase, 2002-2006