Joshua Wolkoff

Practice Areas

Josh Wolkoff is a litigation partner in the North America Intellectual Property Practice Group. He litigates and counsels clients on all aspects of copyright and trademark law, with a focus on representing clients in the media, entertainment, technology, luxury and fashion industries. Josh is ranked in Chambers USA (2023) for Intellectual Property: Trademark, Copyright and Trade Secrets as an “up and coming” practitioner and recognized as a top practitioner for enforcement and litigation by World Trademark Review (2023), where he is lauded for his "astute development of global strategies" and his "unique way of distilling down what is truly important to brand owners." Josh is also recognized by The Best Lawyers in America (2023) as "One to Watch" in the area of intellectual property litigation, and has been repeatedly named as a "Rising Star" for intellectual property litigation by Super Lawyers Magazine. Prior to joining Baker McKenzie, Josh was a litigation associate at a leading entertainment, digital media and intellectual property boutique in New York.

Josh focuses his practice on copyright, trademark, right of publicity and licensing disputes, as well as brand protection and enforcement matters. He represents clients in state and federal courts throughout the country and in opposition and cancellation proceedings before the Trademark Trial and Appeal Board. In addition, Josh frequently advises on intellectual property issues in the context of corporate transactions, trademark prosecution, portfolio management, and intermediary liability on behalf of online platforms, brands and content owners.

Professional Memberships

• Copyright Society of the U.S.A.

• International Trademark Association (INTA), Young Practitioners Committee (2015-2019)

• New York City Bar Association, Trademark and Unfair Competition Committee (2014-2016)

• Media Law Resource Center (MLRC), Copyright & Trademark Committee (2014-2015)

• New York City Bar Association, Entertainment Law Committee (2011-2014)

Publications

• Co-author, "International Copyright Law: A Practical Global Guide," Chapter on United States, published by Globe Law & Business, 2021 (forthcoming)

• Author, US Supreme Court Clarifies Test for Copyright ability of Designs of "Useful Articles," Client/Legal Alert, 24 March 2017

• Author, Significant Changes to TTAB Rules Take Effect, Client/Legal Alert, 26 January 2017

• Author, United States - Federal Appellate Court Strikes Down Ban on Disparaging Trademarks as Unconstitutional, Client/Legal Alert, 7 January 2015

• Author, "DMCA Takedown Notices Require Fair Use Considerations," Digital Media Licensing Association's Blog, 30 September 2015

• Author, "Ninth Circuit Finds Use of Street Art in Green Day Concert Video a Fair Use," Picture Archive Counsel of America's Blog, 9 September 2013

• Contributor, United States District Court for the Southern District of New York: A Retrospective 2000-2010, Section on Intellectual Property for the NCYLA Federal Courts Committee, May 2012

• Author, "Third Circuit Rules Cropping Photo Credits Violates the DMCA," MLRC Media Law Letter, June 2011

• Author, "Transcending Cultural Nationalist and Internationalist Tendencies: The Case for Mutually Beneficial Repatriation Agreements," 11 Cardozo J. Conflict Res. 709, 2010

• Co-author, "United States: Power of the purse - Hermès prevails in NFT trademark trial,” 20 February 2023

•Author, ""DMCA Takedown Notices Require Fair Use Considerations,"" Digital Media Licensing Association's Blog, 30 September 2015

•Author, ""Ninth Circuit Finds Use of Street Art in Green Day Concert Video a Fair Use,"" Picture Archive Counsel of America's Blog, 9 September 2013

•Contributor, United States District Court for the Southern District of New York: A Retrospective 2000-2010, Section on Intellectual Property for the NCYLA Federal Courts Committee, May 2012

•Author, ""Third Circuit Rules Cropping Photo Credits Violates the DMCA,"" MLRC Media Law Letter, June 2011

•Author, ""Transcending Cultural Nationalist and Internationalist Tendencies: The Case for Mutually Beneficial Repatriation Agreements,"" 11 Cardozo J. Conflict Res. 709, 2010

•Co-author, ""United States: Power of the purse - Hermès prevails in NFT trademark trial,” 20 February 2023

Expert in these Jurisdictions

USA

Languages Spoken

English

Education