Joshua S. Wolkoff
Biography
Josh Wolkoff is a litigation partner in the North America Intellectual Property Practice Group. He litigates and counsels clients on all aspects of copyright and trademark law, with a focus on representing clients in the media, entertainment, technology, luxury and fashion industries. Josh is ranked in Chambers USA (2023) for Intellectual Property: Trademark, Copyright and Trade Secrets as an “up and coming” practitioner and recognized as a top practitioner for enforcement and litigation by World Trademark Review (2023), where he is lauded for his "astute development of global strategies" and his "unique way of distilling down what is truly important to brand owners." Josh is also recognized by The Best Lawyers in America (2023) as "One to Watch" in the area of intellectual property litigation, and has been repeatedly named as a "Rising Star" for intellectual property litigation by Super Lawyers Magazine. Prior to joining Baker McKenzie, Josh was a litigation associate at a leading entertainment, digital media and intellectual property boutique in New York.
Practice Focus
Josh focuses his practice on copyright, trademark, right of publicity and licensing disputes, as well as brand protection and enforcement matters. He represents clients in state and federal courts throughout the country and in opposition and cancellation proceedings before the Trademark Trial and Appeal Board. In addition, Josh frequently advises on intellectual property issues in the context of corporate transactions, trademark prosecution, portfolio management, and intermediary liability on behalf of online platforms, brands and content owners.
Representative Legal Matters
- Representing information technology company in action for copyright infringement and DMCA violations against competitor arising from allegations of unauthorized use of copyrighted maps.
- Secured early dismissal of copyright infringement claim filed against online intermediary and service provider of web design, content hosting and CRM technologies in the Central District of California arising from allegedly infringing user generated content on platform's servers.
- Served as co-lead trial counsel in technology cross-license and dispute; won favorable ruling concerning the parties’ royalty obligations and complete dismissal of all claims for monetary relief.
- Secured permanent injunction on behalf of global food and beverage company in copyright and trademark infringement action against a declaratory judgment plaintiff who initially sued for non-infringement and abandonment.
- Obtained first impression ruling concerning a defendant's standing to invalidate a copyright in the absence of an affirmative claim for infringement by the plaintiff.
- Won summary judgment dismissing four trademark infringement claims and prevailing on affirmative breach of contract claim in technology transfer dispute.
- Successfully defended claims of copyright infringement brought by photographer against luxury fashion house, as a result of advertising campaign.
Prior to joining the Firm, Josh handled the following matters:
- Defeated preliminary injunction and obtained summary judgment barring claims for defamation against internet service provider and online message board under Section 230 of the Communications Decency Act.
- Obtained preliminary injunction, summary judgment and subsequent fee award on behalf of film producer against motion picture contributor in declaratory judgment action for non-infringement of copyright and sole authorship. Served as second chair in appeal, later affirmed by the Second Circuit, in important decision involving copyright co-ownership and the rights of collaborators.
- Successfully defended one of the world's largest independent press agencies and wire services against claims of direct and contributory copyright infringement, as well as violations under the DMCA.
Professional Associations and Memberships
- Copyright Society of the U.S.A.
- International Trademark Association (INTA), Young Practitioners Committee (2015-2019)
- New York City Bar Association, Trademark and Unfair Competition Committee (2014-2016)
- Media Law Resource Center (MLRC), Copyright & Trademark Committee (2014-2015)
- New York City Bar Association, Entertainment Law Committee (2011-2014)
Admissions
- U.S. Court of Appeals, Second Circuit~United States (2013)
- U.S. District Court, District of New Jersey~United States (2012)
- New York~United States (2011)
- U.S. District Court, Southern District of New York~United States (2011)
- U.S. District Court, Eastern District of New York~United States (2011)
- New Jersey~United States (2010)
Education
- Benjamin N. Cardozo School of Law (J.D.) (2010)
- Rutgers University (B.A.) (2007)
Languages
- English
Baker & McKenzie LLP is a Limited Liability Partnership organized under the laws of the State of Illinois (USA) and is a member of Baker & McKenzie International, a Verein organized under the laws of Switzerland.