J. Trevor Cloak

Cozen O'Connor PC

$ $$$

Philadelphia 19103 PA US

From the food and beverage industry to the software and technology sector, J. Trevor Cloak acts as an advocate for clients operating in a variety of disciplines with respect to their intellectual property transactional, prosecution, enforcement, and litigation needs.

Whether he is defending a food and beverage client from a threatened temporary restraining order concerning the use of a trademark or negotiating a complex master software subscription services agreement on behalf of a multibillion-dollar software client, Trevor fluidly ties together his transactional and litigation knowledge and experience to zealously advocate for his clients.

Accordingly, he is able to find unique and possibly overlooked transactional-based arguments to raise in connection with litigations and to analyze intellectual property-related agreements with a litigant’s eye, both to help clients better negotiate their positions and to avoid potential pitfalls in the future.

Trevor has experience representing clients with respect to all aspects of intellectual property due diligence, in drafting and negotiating technology, software, and software-as-a-service agreements, Hosted Services Agreements, Master Software Development Agreements, Hosted Reseller Agreements, and Mobile Application End User License Agreements.

Trevor also counsels clients with respect to trademark, copyright, and patent licenses, joint development agreements, non-disclosure and confidentiality agreements, employee invention assignments and confidentiality agreements, website terms and conditions, privacy policies, coexistence agreements, and settlement agreements.

He is also knowledgeable regarding data security and data breach issues, trade secret law, domain name disputes, and rights of publicity and assists clients with trademark and copyright prosecution, enforcement, and litigation.

Trevor earned his bachelor’s degree from Middlebury College where he graduated summa cum laude as an environmental studies and chemistry joint major. Trevor earned his law degree from Vanderbilt University Law School where he was an Order of the Coif and a member of the Vanderbilt Law Review.

During law school, he interned at the U.S. Attorney’s Office for the Eastern District of Pennsylvania. Following law school, he clerked for the U.S. Court of Appeals for the District of Columbia.

EXPERIENCE :

  • Provided litigation support for Beachbody, LLC and its BODY BEAST fitness program in defense of trademark infringement and unfair competition claims filed by USA Nutraceuticals.
  • Represented Utz Quality Foods, LLC, in the acquisition of Inventure Foods, Inc. by Utz’s wholly-owned subsidiary, Heron Sub, Inc. in a deal valued at $165 million. This deal involved significant due diligence concerning several key intellectual property-related assets, including significant review and analysis of a variety of contractual assets, and a careful review and negotiation of the transactional document.
  • Represented Anexinet Corp., a leading systems integration and technology management firm, in its recapitalization agreement with Marlin Management Company, LLC.
  • Represented an influencer marketing company in connection with its acquisition by a leading intelligent commerce intermediary. This multi-faceted transaction drew on the experience of the firm’s corporate, tax, antitrust, employment, benefits, and intellectual property attorneys.
  • Advised a manager of alternative investment funds as to data security obligations and best practices in light of The Financial Industry Regulatory Authority’s recent whitepaper on cybersecurity practices.
  • Represented American Music Theater in defending against copyright and trademark infringement claims brought by The Walt Disney Co. Leveraged transactional-based arguments at the plaintiff in order to help resolve this matter in a manner acceptable to the client.
  • Represented Clark Capital Management Group, Inc. in connection with a trademark litigation against Navigator Investments, LLC, including successfully overcoming a motion to dismiss, which centered on a laches argument, in a trademark infringement case filed in federal court in Rhode Island. We then secured a favorable resolution of the matter on the eve of trial when the defendant agreed to discontinue use of our client’s mark.

EDUCATION :

  • Vanderbilt University Law School, J.D., 2008
  • Middlebury College, B.A., summa cum laude, 2005

BAR ADMISSIONS : District of Columbia; Pennsylvania

COURT ADMISSIONS :

  • U.S. Court of Appeals for the District of Columbia Circuit

CLERKSHIPS :

  • U.S. Court of Appeals for the District of Columbia Circuit

Cost

Rate : $$$$

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