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Zachary D. Cohen

Director

Protecting clients’ creative and innovative rights

During an internship at then-Smith Barney, Zachary Cohen observed as all content created by the investment firm was reviewed by in-house counsel before going public. “It helped me understand the concept of protecting intellectual property, and encouraged me to consider a career as an IP attorney,” Zac says. “Doing IP work requires an ability to distill an issue down to its core elements and understand the impact it will have on the client’s business.”

Today a seasoned IP attorney, Zac offers right-sized, real-world, and cost-effective guidance and representation to businesses, non-profit organizations, and individuals in connection with both transactions and disputes related to trademarks, copyrights, e-commerce, advertising, intellectual property rights, data privacy and security, and licensing. He advises clients on matters related to brand management and assists companies in securing trademark registrations in the U.S. and throughout the world, which includes representing them in proceedings before the Trademark Trial and Appeal Board at the U.S. Patent and Trademark Office. He also has experience advising clients on issues related to compliance with consumer protection laws, including Section 5 of the Federal Trade Commission Act, the Telephone Consumer Protection Act, and the Federal Trade Commission’s Telemarketing Sales Rule.

With his IP knowledge, Zac often plays a key role in ThompsonMcMullan’s litigation practice and has handled a wide range of matters in both state and federal courts, including claims involving the right of publicity, ownership of mobile applications and software, and breach of contract. His cases have been highlighted in prominent media outlets, including The Washington Post, Rolling Stone, The Daily Progress, The Chicago Tribune, The New York Times, and CNBC.

He has also handled numerous consumer-litigation matters, including challenges to mortgage foreclosures and alleged violations of the Fair Debt Collection Practices Act and the Virginia Consumer Protection Act.

Representative Experience

  • Drafting and negotiating license agreements and other corporate services agreements, including IT consulting services agreements, reseller agreements, hosting agreements, and software development agreements.
  • Representing clients in intellectual property disputes, including right of publicity litigation and opposition and cancellation actions before the Trademark Trial and Appeal Board at the U.S. Patent and Trademark Office
  • Counseling client in IP transactions involving trademark, copyright, and patent licenses, technology licenses, database rights, intellectual property due diligence and audits, domain name transfers, and e-commerce agreements
  • Serving as lead IP counsel on a private equity fund’s acquisition of a fluid and power division of multi-national company—a deal valued at over $1 billion
  • Representing the estate of a lead singer of shock-rock band against his former bandmates regarding right of publicity
  • Negotiating of managed IT services contracts for multi-million-dollar organizations
  • Representing client in litigation regarding alleged domain name expropriation and trademark infringement

Recognition

  • AV Peer Review Rated “Distinguished” in Martindale-Hubbell
  • Virginia Business Magazine’s “Legal Elite,” Intellectual Property (2012 – 2018)
  • Selected to the Super Lawyer’s “Rising Stars” Virginia List, Intellectual Property category (2013 – 2019)

Education

  • University of Maryland School of Law, Baltimore, Maryland, J.D., cum laude,
    • Editor in Chief, Journal of Business and Technology Law
    •  Dean’s Award
    • Joseph Bernstein Award
    • Most Significant Piece of Legal Writing for Publication
  • University of Virginia, Psychology

Admissions

  • All Virginia Courts including the Supreme Court of Virginia
  • U.S Court of Appeals for the Fourth Circuit
  • U.S. District Court for the Eastern and Western District of Virginia
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