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Ira Cohen

Partner

 

Ira CohenIra Cohen is a partner of Henkel & Cohen. He is a member of the Florida and New York Bars and has been practicing law for over 37 years. He is rated AV Preeminent by Martindale Hubbell®. Ira has extensive experience representing corporations, business entities, and individuals in a wide variety of complex commercial disputes (through litigation and alternative dispute resolution) and in business transactions. His clients have included, among others, apparel manufacturers, architects, artists, athletes, authors, banks, beverage-makers, brewers and vintners, cargo/freight/trucking companies, comic book creators and illustrators, concert promoters, contractors, cruise-line companies, customs brokers, diving excursion companies, dentists, film production companies, flower distributors, fruit growers, furniture manufacturers, graphic designers, health spas, hoteliers, linen and textile manufacturers, musicians, music promoters, pet supply companies, physicians, publishers, race car drivers, promoters and sponsors, real estate developers, record labels, restaurants, seafood companies, flower merchants, HVAC companies, pet supply manufacturers, publishing enterprises, telecommunications companies, vessel and aircraft owners, and watch manufacturers. He practices in employment law, including dispute resolution through litigation and ADR, and also drafting and negotiation of agreements for employment, non-competition, non-disclosure, management, consulting, independent contractor, agency, marketing, promotion, and sponsorship agreements. Ira also provides general corporate representation and assistance in transactional legal matters such as: the sale and purchase of businesses, airplanes, helicopters, and vessels, as well as franchising; licensing, marketing, promotional, and sponsorship agreements.

Ira has decades of experience in the field of Intellectual Property ("IP") law encompassing such areas as copyright, trademark, and unfair competition law, as well as patent law and trade secret claims. His practice extends to the textual and visual arts, the musical arts, and entertainment in general, as well as the branding and marking of goods and/or services, franchising, and internet law. He counsels clients in the development of their intellectual property assets and rights, and to protect their businesses, books, computer programs, designs, musical compositions, graphical art works, paintings, plays, poems, screenplays, sculptures and other three-dimensional works, and sound recordings from predatory or piratical conduct, such as infringement, counterfeiting, and other species of commercial theft and tortious conduct. He handles agreements related to the assignment, development, licensing, transfer, and other disposition of IP rights, as well as royalty agreements.

Ira prepares and prosecutes intellectual property applications seeking Registrations before the U.S. Patent and Trademark Office. He also handles foreign filings and disputes outside the U.S. He has worked on IP matters involving trademark and related issues in various Central and South American countries, including Belize, Brazil, Colombia, Costa Rica, Mexico, Ecuador, El Salvador, Guatemala, Paraguay, Peru, and Venezuela, as well as the Caribbean (Puerto Rico, the U.S. Virgin Islands, Anguilla, Antigua & Barbuda, the Bahamas, Barbados, the British Virgin Islands, the Cayman Islands, Dominica, Grenada, Guyana, Jamaica, Montserrat, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago, Aruba, Bonaire, Curacao, Saint Maarten\St. Martin, Guadeloupe, Martinique, Montserrat, and the Dominican Republic).

Ira has litigated cases in the state and federal trial and appellate courts in Florida and New York. He has also handled various federal proceedings, depositions and/or litigation-related matters in Alabama, Arkansas, California, Connecticut, the District of Columbia, Georgia, Massachusetts, Michigan, Minnesota, New Jersey, Nevada, North Carolina, Pennsylvania, Puerto Rico, Rhode Island, Tennessee, Texas, the U.S. Virgin Islands, Vermont, Virginia, and Washington State. In addition to the places and types of matters mentioned above, Mr. Cohen also has travelled to Brazil, Chile, Colombia, Guatamala, Paraguay, and Spain for legal and business matters.

Ira served as Judicial Law Clerk to the Honorable Harold J. Raby, United States Magistrate Judge for the United States District Court for the Southern District of New York (1982-85).

Ira obtained his Master of Laws degree (LL.M.) from New York University School of Law (1985); earlier, he earned his Juris Doctor degree from Brooklyn Law School (1981). Prior thereto, he was awarded a Bachelor of Arts degree, magna cum laude, from Queens College, C.U.N.Y. (1977).

Among many other interests and hobbies, Ira devotes his leisure time to: antiquarian books, antiques, coin and stamp collectibles, art and art history, classical music, family car trips in the U.S., Latin music (all genres), reading, foreign travel, medieval and renaissance European art and architecture, English comedy, Iberian gastronomy, and the culture and history of Spain. Ira speaks Spanish fluently.

Since 2008, Ira has been a member of the Faculty of the University of Phoenix, College of Business and Management, South Florida Campus. Ira, who holds both the J.D. and LL.M. degrees, teaches business law and related coursework, at both the undergraduate and graduate course levels, as well as United States constitutional law.

Practice Areas

  • Business Litigation
  • Intellectual Property
  • Contracts and Business Transactions
  • Alternative Dispute Resolution
  • Employment Contracts and Disputes
  • Creditor Rights and Judgment Collection

Admissions

  • The Florida Bar, 1983
  • The New York Bar, 1983
  • U.S. Supreme Court
  • U.S. Court of Appeals for the First, Second, Sixth, Seventh, Ninth, Eleventh, and Federal Circuits
  • U.S. District Courts – Northern, Southern and Middle Districts of Florida; Southern and Eastern Districts of New York

Federal Judicial Clerkship

  • Honorable Harold J. Raby, United States Magistrate Judge, U.S. District Court for the Southern District of New York, 1982-85

Education

  • New York University, School of Law, LL.M., 1985
  • Brooklyn Law School, J.D., 1981
  • Queens College, C.U.N.Y., B.A., magna cum laude, 1977

Government Service

  • Administrative Law Judge, City of New York (New York, Bronx, Queens, Brooklyn, and Richmond Counties), 1997-99.
  • Arbitrator, Civil Court of the City of New York (New York and Queens Counties), 1989-99.

Languages

  • English and Spanish (fluent)

Legal Academia

  • Academic Committee, International Trademark Association (2020-2021)
  • Judge, Federal Bar Assoc., Marshall Moot Court Competition, Wash., D.C. (6 rounds; Mar. 2019)
  • Judge, Int’l Trademark Assoc. (INTA), Lefkowitz Moot Court Competition, New York, NY (Feb. 2019)
  • Mentor, Law Student Mentorship Program, Federal Bar Association,
    Southern District of Florida Chapter (Sept. 2018- present)
  • Judge, Int’l Trademark Assoc. (INTA), Lefkowitz Moot Court Competition, New York, NY (Feb. 2018)
  • Judge, Federal Bar Assoc., Marshall Moot Court Competition, Wash., D.C. (Mar. 2017)
  • Judge, International Trademark Assoc. (INTA), Lefkowitz Moot Court Competition, New York, NY (Feb. 2017)
  • Judge, INTA, Lefkowitz Moot Court Competition, Atlanta, GA (Feb. 2016)
  • Judge, New York Law School, Moot Court Competitions (multiple events/1990s)
  • Brooklyn Law School, Guest Lecturer (Federal Judicial Clerkship seminars 1982-85)

Speaking Engagements

  • Panelist, “Trademark Law: A Panel Discussion for Law Students,” Florida International University College of Law, October 24, 2019.
  • International Trademark Association, Moderator/Lecturer, "Non-Traditional Marks under U.S. Law, 4.0: Survey & Update," at the 2019 Annual Meeting in Boston, MA (May 2019).
  • “Bright Thoughts for I/P Law Careers,” Special Event for Law Students in the New England Area, held at the Olde Union Oyster House, Boston, MA, sponsored by the Intellectual Property LAW Section of the Federal Bar Association and the Massachusetts Chapter of the FBA (April 2019).
  • International Trademark Association, Moderator/Lecturer, "The Secret World of Subliminal Service Marks and Trademarks 3.0,"at the 2016 Annual Meeting, in Orlando, Florida (May 2018).
  • International Trademark Association, Moderator/Lecturer, "The Secret World of Subliminal Service Marks and Trademarks 2.0,"at the 2016 Annual Meeting, in Orlando, Florida (May 2016).
  • American Bar Association, Moderator/Lecturer, at the 31st Annual Intellectual Property Law Conference, IPL Spring, Meeting of the A.B.A., "Non-Traditional Trademarks under U.S. Law," in Bethesda, Maryland (April 2016).
  • International Trademark Association, Moderator/Lecturer, "Non-Traditional Marks under U.S. Law 2.0: Survey & Update," at the 2015 Annual Meeting in San Diego, CA (May 2015).
  • University of Phoenix, at the entrepreneur event, Lecturer, "Choosing a Business Entity," Miramar, FL (Aug. 2014).
  • International Trademark Association (INTA), Moderator/Lecturer, "The Common Senses of U.S. Trademark Law: Protection and Enforcement of Non-Traditional Marks," Wash., D.C. (May 2012).

Bar Associations & Positions Therein

  • Federal Bar Association (including the Litigation and Intellectual Property Law Sections)
  • FBA IPLS, Deputy Chair, Officer, & Board Member
  • FBA, Editorial Board Member
  • FBA Mentorship Program (2018-2019; 2019-2020)
  • The Florida Bar (including the Entertainment, Arts & Sports Law Section)
  • New York Bar Association (including the Intellectual Property Law Section)
  • American Bar Association (including the I/P Law Section)
  • Weston Bar Association (Weston, FL)

Prior Representations

  • Rapid Check Cashing, Inc. v. Prodira S.A. de C.V. Casa de Cambio, Case No. 1:13-cv-24660-JAL, 2014 WL 3703854 (S.D. Fla. 2014) (obtained a federal court decision for the client that dismissed the plaintiff’s case with prejudice).
  • Nature’s Earth Products, Inc. v. Planetwise Products, Inc., Case No. 09-80770-CIV MARRA/JOHNSON., U.S.D.C., S.D. Fla. (Oct. 22, 2010 Opinion and Order) (represented defendant in federal patent infringement action wherein plaintiff moved to dismiss its own complaint, with prejudice).
  • Big Vision Miami Rentals, LLC, et al. v. Big Vision Rentals, LLC, et al., Case No. 2:08-CV.-07526-ODW-FMO, U.S.D.C., C.D. Cal. (September 14,2009 Orders Denying Motions to Set Aside Entries of Default and to Dismiss Complaint) (represented plaintiff in federal fraud action wherein defaults against certain defendants were upheld by the court.)
  • Gasser Chair Co., Inc. v. Infanti Chair Manufacturing Corp., 943 F. Supp. 201, 40 U.S.P.Q. 2d 1554 (E.D.N.Y., 1996) (represented client that prevailed at trial where adverse party held liable for infringement of trade dress rights under the Lanham Act and common law
  • Regatta Sport, Ltd. v. Telux-Pioneer, Inc., 20 U.S.P.Q. 2d 1154 (U.S.P.T.O., T.T.A.B., 1991) (obtained order for client that set aside judgment and order cancelling trademark registration)
  • Shen Manufacturing Co., Inc., v. Suncrest Mills, Inc. and K-Mart Corp., 673 F. Supp. 1199 (S.D.N.Y. 1987) (represented client that prevailed at trial where adverse parties held liable for selling and distributing infringing products in violation of the Lanham Act and unfair competition laws))

Other Distinctions

  • AV Preeminent rating, Martindale Hubbell
  • Member of the Faculty, University of Phoenix, South Florida Campus (2008-present): Business Law, Constitutional Law
  • Guest Lecturer at Brooklyn Law School on Federal practice and procedure, including training of student judicial law clerk interns
  • Author and\or editor of various articles and publications such as "The Linguistic Challenge for the Small Claims Division of the Civil Court of the City of New York: Spanish for Arbitrators (a Primer)" (1995)
  • Editor of the Portuguese version of the "Small Claims Guide for Litigants" (New York City, Civil Court, 1996)

Publications

  • The Case of the Majestic Rabbi: Consent Trials Before U.S. Magistrate Judges, The Federal Lawyer, Volume 66, Issue 6, Nov./Dec. 2019, at pp. 71 et seq.
  • European Court’s Bite Into Kit Kat® Leaves Nestlé With a Sour Taste, The IP Legal Browser, the Intellectual Property Law Section of the Federal Bar Association, Spring 2019, at pp. 6 et seq.
  • Legal Traditions & Trivia: H.C. Black and the Lexicon Magnus, SideBAR, the Federal Litigation Section of the Federal Bar Association, Winter 2019.
  • It Ain’t Over Till It’s Over; Rule 41(a)(1) Voluntary Dismissals: Pitfalls, Traps, & Practice Tips, SideBAR, the Federal Litigation Section of the Federal Bar Association, Fall 2018, at pp. 9 et seq.
  • Trademark Saga in the Land of Fire and Ice, The IP Legal Browser, the Intellectual Property Law Section of the Federal Bar Association, Winter 2018, at pp. 10 et seq.
  • Federal Litigators: Have You Done Your Preliminary Homework on The Judge(s) Assigned to Your Case? SideBAR, the Federal Litigation Section of the Federal Bar Association, Winter 2018
  • Patent Leather, Leatherneck Patents, and Letters Patent: The Patenting of Clothing and Fashion Apparel Under U.S. Law, The Federal Lawyer, Volume 64, Issue 6, July 2017, at pp. 54 et seq.
  • Tower of Babel or Court of Confusion? Federal Courts and Foreign Languages, SideBAR, Federal, the Federal Litigation Section of the Federal Bar Association, Spring 2017 Issue, at pp. 17 et seq.
  • Faith or Federalism: Chronicles of the Federal Court in Utah, The Federal Lawyer, The Magazine of the Federal Bar Association, Vol. 62, August 2015 Issue, link at p. 47, at pp. 2 et seq.
  • The New Rule 1, Fed. R. Civ. P.: Pillar of Procedure or Pointless Pontification SideBAR, the Federal Litigation Section of the Federal Bar Association, Fall 2015
  • Federal Civil Forfeiture Cases; You Can't Fight City Hall-And Even if you Win, You Lose! SideBAR, the Federal Litigation Section of the Federal Bar Association, Fall 2014 Issue, at pp. 4 et seq.
  • Rhode Island Federal Courts. A History, The Federal Lawyer, The Magazine of the Federal Bar Association, Vol. 61, No. 7, Sept. 2014, at pp. 54 et seq.
  • Patents in Paradise, Tropical Trademarks, and Caribbean Copyrights, The Federal Lawyer, The Magazine of the Federal Bar Association, Vol. 60, No. 9, Oct./Nov. 2013, at pp. 54 et seq.
  • Federal Courts in Puerto Rico, SideBAR, the Federal Litigation Section of the Federal Bar Association, Spring 2013 Issue, at p. 6 et seq.
  • The New U.S. First-to-File Patent System: A Litigator's Summary of the America Invents Act, The IP Legal Browser, the Intellectual Property Law Section of the Federal Bar Association, Fall 2011 Issue, at pp. 12 et seq.
  • “L” is Short for Lawsuit: “A” is for Attorney: Slumberous Students Sue Schools for Grades. Academic Affairs Tribune, South Florida Edition, Q 1, 2014-2015.
  • The Irony in Eponymy: Socratic Method and its Creator: Who Was Socrates, Really? Academic Affairs Tribune, South Florida Edition, Q 4, 2013-14.
  • By Name, Teachers We Are Called: An Honorable Calling by Any Name, Academic Affairs Tribune, South Florida Edition, Q3, 2013-14.
  • Motto Ostinato, Academic Affairs Tribune, South Florida Edition, Q2, Issue 2, 2013-14.
  • Playing a Film in Class May be Playing with Fire, Academic Affairs Tribune, South Florida Edition, Vol. 1, No. 1, Q1, 2013-14.
  • Intellectual Property Law in the Ivory Tower: Core Concepts of Copyright for My Colleagues, Academic Affairs Tribune, South Florida Edition, Vol. 2, No. 2, 2013.
  • The Linguistic Challenge for the Small Claims Division of the City Court of New York: Spanish for Arbitrators (a Primer) (1995).
  • Editor, Portuguese version of the Small Claims Guide for Litigants (New York City, Civil Court, 1996).

 

Live in Court

Rapid Check Cashing Ing etc vs Prodira S.A. de C.V. Casa De Cambio etc

Click here to view on YouTube.