Brian W. Brokate

Brian is head of Gibney’s Intellectual Property Group. He has extensive experience assisting companies in investigation and enforcement procedures to combat trademark and copyright infringement. With a niche focus on anti-counterfeiting and anti-piracy, he handles all stages of civil anti-counterfeiting and infringement litigation as well as state and federal criminal actions.

Brian helps companies to secure and protect their intellectual property in the United States and abroad, and has worked with clients in industries including luxury goods, fashion, toys, cosmetics, software, sports and entertainment. Working closely with his clients over many years, he has assisted them in developing comprehensive strategies to support their growth from emerging businesses to global brands.

Recognized as an industry leader, Brian is frequently quoted on trends in intellectual property law. He has authored numerous articles and publications and speaks before industry and trade associations on issues including anti-counterfeiting, enforcement and trade dress.

• Capital University School of Law, J.D.
• Gettysburg College
• Pace University, B.A, Summa Cum Laude

• New York

• U.S. Supreme Court
• U.S. District Court, Eastern District of New York
• U.S. District Court, Southern District of New York
• U.S. District Court, Western District of New York
• U.S. Court of Appeals, Federal Circuit
• U.S. Court of Appeals, Second Circuit
• U.S. Court of Appeals, Fifth Circuit
• U.S. Court of Appeals, Sixth Circuit
• U.S. Court of Appeals, Ninth Circuit
• U.S. Court of Appeals, Eleventh Circuit
• New York State Supreme Court, Appellate Division

• International Anti-Counterfeiting Coalition, Inc., Advisory Board Member
• New York Task Force, a coalition of brand owners affected by counterfeiting, Treasurer
• International Trademark Association, AntiCounterfeiting Committee

Publications

• Intellectual Property Rights Enforcement 2019, Intellectual Property Law Institute, January 2019
• Anticounterfeiting Enforcement 2018: Developing Trends in Enforcement and Remedies: What’s New in Civil, Criminal and Government Actions, Intellectual Property Law Institute, October 2018
• Ex Parte Seizure Orders Under 15 U.S.C. § 1116(d) (Section 34 of the Lanham Act): Recent Developments in Case Law, The Trademark Reporter, May–June 2018
• Anticounterfeiting Enforcement 2018: What Brands Should Consider When Developing Enforcement Strategies for the Year Ahead, Intellectual Property Law Institute, January 2018
• Trade Dress: Recent Developments in Case Law, Intellectual Property Law Institute, October 2017
• Anticounterfeiting Enforcement 2017: What’s New in How Companies Are Protecting Their Brands, Intellectual Property Law Institute, January 2017

Lectures

• Intellectual Property Rights Enforcement 2019, Practising Law Institute, January 2019
• Anticounterfeiting Update, Intellectual Property Law Institute 2018, October 2018
• IP Rights: Anticounterfeiting Update, Intellectual Property Rights Enforcement 2018, January 2018
• Latest Developments in the Protection of Trade Dress, Intellectual Property Law Institute 2017, October 2017
• Anticounterfeiting Update, Intellectual Property Rights Enforcement 2017, January 2017

• Sports Name, Image and Likeness
• Litigation
• Intellectual Property

• Capital University School of Law, J.D.
• Gettysburg College
• Pace University, B.A, Summa Cum Laude

• New York

• U.S. Supreme Court
• U.S. District Court, Eastern District of New York
• U.S. District Court, Southern District of New York
• U.S. District Court, Western District of New York
• U.S. Court of Appeals, Federal Circuit
• U.S. Court of Appeals, Second Circuit
• U.S. Court of Appeals, Fifth Circuit
• U.S. Court of Appeals, Sixth Circuit
• U.S. Court of Appeals, Ninth Circuit
• U.S. Court of Appeals, Eleventh Circuit
• New York State Supreme Court, Appellate Division