Holly Pekowsky’s encyclopedic knowledge of trademark law and the technicalities, processes and precedents of the U.S. Trademark Office is the foundation for her singular and can-do approach to protecting and enforcing clients’ trademark rights. She has an unusual grasp of the peculiarities of the law that can, under the right circumstances, work in a client’s favor, and the creativity to challenge successfully the Trademark Office’s interpretation of its own rules as applied to her client’s specific circumstances.
She has prosecuted hundreds of trademark applications, strategically managed trademark portfolios and defended and asserted clients’ rights in the Trademark Office and in court. She has repeatedly prevailed in the face of strong opposition arguments that a mark is not entitled to registration or protection. With a realistic view of what is possible, she acts purposefully and cost-effectively.
Ms. Pekowsky has been involved in disputes concerning issues such as the family of marks doctrine, priority of use, keyword advertising, likelihood of confusion and secondary meaning surveys, and the sale of grey market and reconditioned products. She represents a diverse range of clients including luxury fashion brands, restaurateurs, online retailers and sellers of consumer electronics products.
Recently, for example, she represented a jewelry company with an unregistered trademark. She prevailed against the odds in arguing that its mark was inherently distinctive rather than merely descriptive, and was able to prevail on a summary judgment motion and obtain an injunction preventing another company from using a similar mark for competing goods.
In another recent case, this one involving a well known restaurant in Manhattan, Ms. Pekowsky was able to reach a successful resolution where the defendant, a restaurant in the Hamptons, agreed to cease using a confusingly similar name.
In addition to her involvement in litigations and proceedings before the Trademark Trial and Appeal Board, Ms. Pekowsky counsels clients on unfair competition, rights of publicity, celebrity endorsements, false advertising and copyright law, and negotiates licensing agreements.
She began her career as an entertainment lawyer.