Robert B.G. Horowitz

Partner

New York

T +1.212.589.4240

F +1.212.589.4201

rhorowitz@bakerlaw.com

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“Red Horowitz is an extremely intelligent, practical and personable lawyer, whose efficiency translates into low fees. He is a class act, with excellent instincts honed through long experience.”

— WTR 1000 - The World's Leading Trademark Professionals (2021)

Overview

Red Horowitz is an Intellectual Property lawyer with broad experience in trademark (counseling, prosecution and litigation), copyright and trade secret issues, as well as patent infringement matters for hedge funds. He is known for fully understanding his clients’ needs and concerns, and delivers quick service to resolve problems and enable clients to confidently make well-informed decisions.

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Brought the first case in the United States where a patent owner of perfume bottle designs asserted its design patents to stop the importation of "grey goods." Due to the structuring of the patent ownership, defeated a motion for summary judgment based on first sale abroad by a foreign trademark owner.
Heatedly fought on behalf of a U.S. cheese producer against trademark infringement litigation brought by a party funded by the Italian government asserting infringement of the allegedly protectable terms "Parmigiano-Reggiano," "Parmigiano" and "Reggiano." The matter was successfully settled due in great part to weaknesses demonstrated in the plaintiff's case.

Brought the first case in the United States where a patent owner of perfume bottle designs asserted its design patents to stop the importation of "grey goods." Due to the structuring of the patent ownership, defeated a motion for summary judgment based on first sale abroad by a foreign trademark owner.
Heatedly fought on behalf of a U.S. cheese producer against trademark infringement litigation brought by a party funded by the Italian government asserting infringement of the allegedly protectable terms "Parmigiano-Reggiano," "Parmigiano" and "Reggiano." The matter was successfully settled due in great part to weaknesses demonstrated in the plaintiff's case.
Monitored patent infringement litigation for a hedge fund client that invested in a high-tech company, providing real-time information to the client about a trial in the Northern District of California. The client received a jury verdict within minutes of it being delivered, which enabled the client to act quickly in foreign markets and maximize investment in a party to the litigation before others could so do.
Attended an International Trade Commission trial to keep a hedge fund client as informed as possible throughout the process. On the first day of the trial, a Monday morning, respondents presented a surprise motion to stay the trial based on United States Patent and Trademark Office reexamination decisions given late the previous Friday. Obtained and reviewed hundreds of pages of documents during the one-day adjournment of a hearing on the motion. Advised the client that a stay of trial could well be granted. The judge heard arguments on the motion the next day and granted the stay. Immediately exited the courthouse and advised the client of the result, who was able to immediately capitalize on its holdings in the market.
Invoked the Digital Millennium Copyright Act (DMCA) against a Vietnamese concern that had copied the entire online database of a client. The Vietnamese infringer disputed the DMCA claim, which resulted in a copyright infringement lawsuit being commenced despite the client's lack of existing copyright registration. The lawsuit was successful.
Asserted the rights of a major retailing client in New York City in a case alleging infringement of a corporation name used in a domain name. Obtained permanent injunction against the domain name infringer.

Recognitions and Memberships

Recognitions

Chambers USA: Intellectual Property: Trade Mark & Copyright in New York (2015 to 2021)
- Band 4 (2018 to 2021), Band 3 (2015 to 2017)
Legal Media Group: Guide to the World's Leading Trade Mark Law Practitioners (2002 to present)
WTR 1000 – The World's Leading Trademark Professionals (2012 to 2022)
- Top Attorney in New York for Prosecution and Strategy - Silver (2012 to 2022)
- Top Attorney in New York for Enforcement and Litigation - Silver (2022)
Who's Who in America (2020)
Who's Who Legal (2017 to 2019, 2022)
New York Metro "Super Lawyer" (2010, 2012 to 2022)
World Intellectual Property Review (WIPR) Leaders (2017 to 2021)
Martindale-Hubbell: AV Preeminent
Best of the Best USA (2015, 2019)
Japan Institute for Intellectual Property
- U.S. Law Perspectives on Bad Faith Trademark Filings (2017)
- U.S. Law Perspectives for Distinctiveness of Trademarks (2016)
- U.S. Law Perspectives for Trademark Examination (2010)

Memberships

MARQUES (the Association of European Trade Mark Owners)
- Famous and Well Known Marks Team (2011 to 2021)
- Trademark Dilution Issues Presenter (2012)
- Presenter on U.S. Perspectives for the Post Graphical Representation World for Non-Traditional Marks (2018)
- Sub-team leader of Non-Traditional Trademarks (2019 to 2021)
International Trademark Association
- Trademark Reporter Committee: Prior Member
  - 2015 Annual Meeting table topic host regarding trademark dilution issues
Federal Bar Council (2015 to 2021)
- Intellectual Property Law Committee
  - Author of an article about the Defend Trade Secrets Act published in the June/July/August 2016 issue of Federal Bar Council Quarterly
Association Internationale pour la Protection de la Propriété Intellectuelle: Working Questions (2009 to 2011)

News

Press Releases

5/20/2021
Chambers and Partners USA Honors 134 BakerHostetler Attorneys and 55 Practice Areas in 2021 USA Guide

Publications

Articles

6/10/2021
Red Horowitz Article Provides Guidance on Creation, Use of Character Brands

Blog Posts

Community

American Australian Association

Overview
Experience
Recognitions and Memberships
News
Publications
Podcasts
Videos
Blog Posts
Events
Community
Pro Bono

Services

Admissions

U.S. Court of Appeals, Second Circuit, 1982
U.S. Court of Appeals, Ninth Circuit, 1982
U.S. District Court, Northern District of New York, 2002
U.S. District Court, Eastern District of New York, 1979
U.S. District Court, Southern District of New York, 1978
New York, 1978

Education

J.D., University of Miami School of Law, 1977
B.A., Ohio Wesleyan University, 1974