BENJAMIN CHARKOW has over 15 years of experience in a broad range of intellectual property practice areas.  He counsels clients in securing trademarks and copyrights, clearing and prosecuting patents, negotiating product licenses, and enforcing intellectual property rights though litigation. His clients span a wide range of industries, including retail, technology, manufacturing, and consumer electronics.

For IP rights holders, Ben advises clients on the best way to protect and secure IP rights. Ben also advises on the risks of operating or implementing proposed products, services, or designs in view of third-party registered and non-registered IP rights. He assists clients in responding to third-party assertions in all areas of intellectual property rights.

On behalf of a major retailer, Ben developed a program for advising on the risks involved in new e-commerce services and in-store capabilities. He also conducts patentability and right-to-use/freedom-to-operate studies in numerous technical areas, including personal hygiene, medical devices, apparel, and footwear. When a client is looking to acquire or sell IP rights, Ben conducts the required due diligence and negotiates the relevant agreement. 

Ben enforces his clients’ IP rights, be they patents, trademarks, trade dress, and/or copyrights. He litigates his clients’ matters when necessary, but also has considerable experience resolving disputes outside the courtroom through mediation and other forms of alternative dispute resolution. He has negotiated numerous license agreements as part of enforcement programs and has worked to resolve issues related to federal seizure of goods for alleged trademark or copyright violations. In the field of e-commerce, Ben helps his clients navigate issues such as internet take down notices under the DMCA or commencing UDRP proceedings, related to trademark-based domain-name disputes.

Before attending law school, Ben worked as an environmental engineer at Malcolm Pirnie, Inc., where he was involved in the design and start-up of new equipment to upgrade New York City’s wastewater treatment plants.

Ben is fluent in Spanish and proficient in Hebrew. 

Education

  • Benjamin N. Cardozo School of Law J.D., magna cum laude, Order of the Coif, and Production Editor of the Cardozo Arts and Entertainment Law Journal, 2003
  • University of Massachusetts at Amherst M.S., Environmental Engineering, 1997
  • Rensselaer Polytechnic Institute B.S., Environmental Engineering, Dean’s List, 1995

Bar Memberships

  • Admitted in New York
  • United States Patent and Trademark Office registered