As recent technological innovations have created new intellectual property rights and tested the boundaries of existing ones, Mr. Pokotilow’s roster of clients has grown to include computer hardware and software vendors, multi-media publishers and providers, manufacturers of television navigation systems, arterial puncture-closure medical devices, laboratory animal systems and products, ID pet recovery systems, high voltage underground products, and voice processing components. Other clients include developers of medical instruments, garments, luggage and cosmetic products, entertainment conglomerates, electronic tracking platforms, publishers of toy, hobby and sport memorabilia and investors in IP development ventures.
- In a decision closely followed the Copyright Bar, obtained an en banc re-argument and reversal of a Third Circuit decision, resulting in a holding that part numbers used to identify panel fasteners, although created by a novel system, were not sufficiently original to be accorded copyright protection. The decision will have a considerable impact on the way in which products such as printer cartridges, batteries, etc., can be cross-referenced by competitors in sales and promotional materials.
- Preserved client’s position as a leading manufacturer of animal identification devices by obtaining a Federal District Court ruling upholding the validity and enforceability of client’s patent for a unique implantable microchip. Following an affirmance by the U.S. Court of Appeals for the Federal Circuit, client was able to enforce a prior district court jury verdict permanently enjoining its opponent and largest competitor from making and selling similar microchips.
- In a recent high-profile jury trial, obtained a defense verdict on behalf of a major pharmaceutical company after the jury rejected plaintiff’s assertion of prior trademark rights in the brand name of the company's new line of herbal supplements and found no evidence of trademark infringement, dilution or unfair competition under state or federal law.
- As plaintiff’s counsel in a leading case initiated under the 1996 Federal Trademark Dilution Act, argued on behalf of major entertainment conglomerate that defendant had diluted plaintiff’s federally registered and famous slogan by identifying its services with a highly similar trademark.
- In patent litigation decisions successfully enforcing a patent covering erasable markers and a patent covering collapsible luggage, obtained awards of attorney fees and treble damages. In patent litigation defending a claim of patent infringement on a 3-in-1 booklet, obtained a complete defense verdict and an award of attorney fees.
- In a litigation in New Jersey, has been successful in dismissing claims that his client misappropriated ten trade secrets. The case also includes allegations regarding certain items of confidential information not rising to the level of trade secrets, which remain to be litigated.
Mr. Pokotilow has been listed in Chambers USA: America’s Leading Lawyers for Business, The Legal 500, Best Lawyers and Super Lawyers.
- Member, American Bar Association
- Member, International Trademark Association
- Member, U.S. Legislation Committee
- Leader, 2016 Leadership Team Program
- Speaker, "Updates in Trademark Dilution Law," New York Intellectual Property Law Association, June 17, 2008
- Speaker, "Latest Developments in Complex Civil Litigation: An Analysis of the Federal Judicial Center's New Manual for Complex Litigation, Fourth," ALI-ABA, December 11-13, 2003
- Co-author, "'Hot News' Doctrine Protects Investment Firms' Actionable Equity Recommendations," Stroock Special Bulletin, March 22, 2010
- Co-author, "'Hot News' for Financial Index Issuers: Southern District Decision in The Associated Press v. All Headline News Corp.," Stroock Special Bulletin, March 4, 2009
- Co-author, "Standard Setting Increasingly Under Siege," GEN: Genetic Engineering & Biotechnology News, March 1, 2009
- Co-author, "In re Bilski: Federal Circuit Addresses Standard for Patentability of Business Methods," Stroock Intellectual Property Practice Group Special Bulletin, November 5, 2008
- Co-author, "Standards Capture: A Threat to Standard Setting Organizations?" Stroock Special Bulletin, April 2008
- Co-author, "KSR International Co. v. Teleflex, Inc.: Throttling Back a Rigid Approach to Obviousness," Stroock Special Bulletin, May 9, 2007
- Co-author, "eSpeed Patent Ruled Unenforceable," Stroock Special Bulletin, April 10, 2007
- Co-author, "Protection for Financial Indexes, ETFs, Other Products," New York Law Journal, September 29, 2006
- Co-author, "Patent Injunctions: Quo Vadis," The Intellectual Property Strategist, August 1, 2006
- Co-author, “Internet Pop-Up Advertise-ments: Do They Infringe?”, The Practical Litigator, pp. 21-25, January 2005
- Co-author, “Identification of Intellectual Property Due Diligence Pitfalls in Cross-Border Transactions," LabToWallStreet.com, Winter 2004
- Co-author, “File Early and File Often: A Pending Application is Your Best Approach to Capturing Your Competitor’s Product,” Patent Strategy and Management, Vol. 4, No. 9, January 2004
- Co-author, “U.S. Patent Protection for European Inventions: Global Strategies for a Global Marketplace,” Screening: Trends in Drug Discovery, Vol. 4, March 2003, pp. 22-24
- Co-author, “Are Descriptive Marks That Have Acquired Distinctiveness Protected Under the FTDA?” published at the INTA Trademark Dilution Forum, Spring 2003
New York, 1974
U.S. District Court, Southern District of New York, 1984; U.S. District Court, Eastern District of New York, 1984; U.S. Court of Appeals, Second Circuit, 1975; U.S. Court of Appeals, Third Circuit, 1980; U.S. Court of Appeals, Seventh Circuit, 1987; U.S. Court of Appeals, Fourth Circuit, 1989; U.S. Court of Appeals, Federal Circuit, 1982; U.S. Supreme Court, 1987
J.D., The American University, 1973
B.S., University of Maryland, 1968
In The Spotlight
June 1, 2018|Press ReleaseStroock Receives Honors in 16 Practices from The Legal 500 United States 2018:
38 Stroock Lawyers Recognized
May 3, 2018|Press ReleaseStroock Ranked in 11 Practice Areas by Chambers USA 2018; 29 Leading Lawyers Recognized
August 15, 2017|Press Release47 Stroock Partners and Counsel Named to Best Lawyers in America for 2018
June 2, 2017|Press ReleaseStroock Receives High Honors in 13 Practices from The Legal 500 United States 2017: 37 Stroock Attorneys Recognized
June 1, 2017|Press ReleaseStroock Earns Top Tier Rank in 11 Practices by Chambers USA 2017: 30 Leading Attorneys Recognized
August 15, 2016 |Press Release47 Stroock Partners and Counsel Named to Best Lawyers in America for 2017
May 27, 2016 |Press ReleaseStroock Ranked By Chambers USA For 2016
November 20, 2015| The New York TimesStroock Featured in The New York Times "Best Lawyers" 2016 New York City Supplement
August 17, 201545 Stroock Partners and Counsel Named to Best Lawyers in America for 2016
May 19, 2015Stroock Ranked By Chambers USA For 2015
August 18, 201435 Stroock Partners and Counsel Named to Best Lawyers for 2015
Stroock & Stroock & Lavan LLP, a national law firm with offices in New York, Los Angeles, Miami, and Washington, DC announced that 35 attorneys across 25 practice areas have been selected by their peers for inclusion in the 2015 edition of The Best Lawyers in America® ("Best Lawyers®").
Click here to read the full press release.
May 27, 2014Stroock Ranked By Chambers USA For 2014
Stroock & Stroock & Lavan LLP, a national law firm with offices in New York, Los Angeles, Miami and Washington, DC, announced that it has again been recognized in Chambers USA: America's Leading Lawyers for Business.
For the 2014 edition, 29 Stroock partners and counsel from 12 Stroock practice groups were recognized for excellence by Chambers USA.
May 24, 2013Stroock Ranked by Chambers USA Law Firm Rankings for 2013
New York, NY, May 24, 2013 -- Stroock & Stroock & Lavan LLP, a national law firm with offices in New York, Los Angeles and Miami, announced that it has again been recognized in Chambers USA: America's Leading Lawyers for Business.
For the 2013 edition, 31 Stroock partners and counsel from 12 Stroock practice groups were recognized for excellence by Chambers USA.Click here to read the full press release.
June 7, 2012Stroock Ranked by the Chambers USA Law Firm Rankings for 2012
Stroock announced that it has again been recognized in Chambers USA: America's Leading Lawyers for Business. For the 2012 edition, 11 Stroock practice areas and 32 Stroock attorneys were ranked by Chambers USA, in the geographic categories of Nationwide, California, Florida and New York.
August 17, 2011Stroock Client Yummie Tummie Settles Patent Infringement and Invalidity Lawsuits with Maidenform
secured a settlement for client Yummie Tummie in a patent-infringement action against Maidenform Brands.
June 20, 2011Stroock Ranked by the Chambers USA Law Firm Rankings for 2011
Stroock announced that it has again been recognized in Chambers USA: America's Leading Lawyers for Business. For the 2011 edition, 13 Stroock practice areas and 32 Stroock attorneys were ranked by Chambers USA, in the geographic categories of Nationwide, California, Florida and New York.
June 11, 2010Stroock Is Ranked by the Chambers USA Law Firm Rankings for 2010
32 Stroock attorneys and 12 practice areas were recommended by Chambers, including our Capital Markets, Entertainment, Financial Restructuring, Insurance, Investment Management, Litigation, and Real Estate practices.
Read about the firm's rankings in our press release.