Karen Artz Ash

Karen Artz Ash, national co-head of the firm's Intellectual Property Practice and co-head of the Trademarks Practice, focuses her practice on all aspects of intellectual property law with a concentration in all facets of trademark and copyright law. Ms. Ash is a member of the firm’s Board of Directors and serves as Chair of the National Pro Bono Committee.

Ms. Ash handles the structuring of intellectual property, including establishing holding companies and trusts, as well as the creation, development, implementation and administration of licensing, servicing, manufacturing and other commercial agreements for companies worldwide. She handles IP due diligence in all types of complex corporate transactions, and is skilled in bankruptcy assessments and financings that are dependent upon on intellectual property assets. Ms. Ash has acted as special intellectual property counsel, appointed by the Bankruptcy Court in the Southern District of New York, in a high-profile bankruptcy proceeding. She also has extensive experience in tax proceedings involving intellectual property holding entities.

Ms. Ash administers relationships in complex IP trust arrangements and develops and administers the worldwide licensing, exploitation, searching, clearance, registration and enforcement of trademarks, logos and domain names. Ms. Ash successfully represented a major apparel manufacturer and retailer in a high profile matter involving licensing arrangements with a designer label; represented apparel clients in the acquisition and disposition of major designer properties and businesses; represented clients in a broad range of businesses in acquisitions, securitizations, financings, divestitures, and joint ventures worldwide; represented clients in developing, building and administering, manufacturing, licensing and sourcing programs throughout the world; and works with all clients to develop strategies to protect their intellectual property assets worldwide.

Ms. Ash’s practice represents clients in the fashion and apparel, publishing, banking, financial services, and consumer electronics industries.

Ms. Ash is admitted to practice before the US Patent and Trademark Office. She is a member of the New York State Bar Association’s sections on Trial Law, Intellectual Property and Alternative Dispute Resolutions, and a member of the American Bar Association’s sections on Patent, Trademark and Copyright Law and Trial Law. She is also a member of the United States International Trademark Association, the National Association of Mediators, the New York County Lawyers’ Association and the New York Women’s Bar. Ms. Ash is a member of the Anti-Defamation League, where she is on the Executive Committees of New York Regional Board and the Lawyers’ Committee. Ms. Ash has been involved in Federal mediation as a member of the Southern District of New York Mediation panel since 1993, and she has also conducted private mediations. She is also a member of the Mediation/ADR Sub-Committee of the International Trademark Association (INTA). She is a member of the Board of Directors of SYL, Inc., an intellectual property holding company for Syms Corp. She performs pro bono work for the Central Park Conservancy, ADL, Sanctuary for Families and other New York charitable institutions, and is a member of the Board of Directors, Executive Committee and Planning Committee of Volunteers of Legal Service (VOLS). She is also a regular sponsor and participant in the Women’s Wear Daily (WWD) CEO and Branding Summits.

Ms. Ash has been selected for inclusion in New York Metro Super Lawyers (2010–2012), named among New York magazine’s Women Leaders in the Law (2012–2013), recognized in The Legal 500 United States 2013 and named in the World Trademark Review 1000 – The World’s Leading Trademark Professionals (2012–2013). She has also been listed as a recommended lawyer in Practical Law Company's IP in Business Transactions multijurisdictional guide to IP law and leading practitioners worldwide (2010/2011), and was featured as an IP expert from New York in Corporate INTL magazine's US Legal Review 2010. Ms. Ash is a recipient of the New York State Bar Association Empire State Counsel Award for Pro Bono Service (2012).

Ms. Ash received her undergraduate degree in economics with honors (AB) from Georgetown University and her law degree magna cum laude (JD) from New York Law School, where she was editor of the Law Review. She is admitted to practice in New York.

Speeches and Publications

Ms. Ash is an adjunct professor at New York Law School, specializing in courses on fashion law. She is also a lecturer at Columbia Law School.

She is a contributing author to Becoming a Fashion Designer, A Guide to Careers in Design (Wiley 2013). Ms. Ash is also a regular contributing editor for The Licensing Journal and publishes on a recurring basis in the Boardroom Reports and Bottom Line. She is the intellectual property law advisor to the Bottom Line/Personal and Bottom Line/Business publications. She is the co-author, along with Katten partner Floyd Mandell, of “Mediation of Trademark Disputes Has Advantages,” which was published in the April 23, 2007, edition of The National Law Journal.

Ms. Ash is the author of the following:

• “Costco Claims Tiffany Is Generic,” Managing Intellectual Property (June 2013)
• “Questions Left Unanswered by Louboutin Case,” Managing Intellectual Property (May 2013)
• “Anonymous Comments Allowed as Evidence of Confusion,” Managing Intellectual Property (April 2013)
• “Supreme Court Rules on Covenant Not to Sue,” Managing Intellectual Property (March 2013)
• “The Territorial Extent of Trade Marks,” Managing Intellectual Property (December 2012/January 2013)
• “Fashion Licensing: Issues Relating to Potential Licensor Liability for Defective or Dangerous Products,” The Licensing Journal (November/December 2012)
• “Court Cases Highlight Product Liability for Licensors,” Managing Intellectual Property (November 2012)
• “Court Ensures Trade Mark Protection for Fashion Colours,” Managing Intellectual Property (October 2012)
• “The Use of Licensing Agents,” The Licensing Journal (September 2012)
• “New Treatment of Trade Mark Licences in Bankruptcy,” Managing Intellectual Property (September 2012)
• “Bankruptcy in Fashion Licensing,” The Licensing Journal (August 2012)
• “How to Petition for Special Treatment,” Managing Intellectual Property (July/August 2012)
• “Deceptive Geographic Marks Clarified,” Managing Intellectual Property (June 2012)
• “Fashion Licensing,” The Licensing Journal (May 2012)
• “Risks of Guerilla Marketing at the Olympics,” Managing Intellectual Property (May 2012)
• “Trade Marking Linsanity,” Managing Intellectual Property (April 2012)
• “Louboutin Claims Colour Exclusivity,” Managing Intellectual Property (March 2012)
• “Beware Similar Marks on Related Goods,” Managing Intellectual Property (February 2012)
• “Tips on Acceleration of Royalties Provisions,” Managing Intellectual Property (December 2011/January 2012)
• “Renewing domain names and the ACPA,” Managing Intellectual Property (November 2011)
• “Dividing Trade Marks,” Managing Intellectual Property (July/August 2011)
• “Reverse Confusion,” Managing Intellectual Property (May 2011)
• “Rules on Gift Cards,” Managing Intellectual Property (April 2011)
• “Domain Name Enforcement Broadened,” Managing Intellectual Property (March 2011)
• “How to Avoid Naked Licensing,” Managing Intellectual Property (February 2011)
• “The Misconceptions About Incontestability,” Managing Intellectual Property (December 2010/January 2011)
• “UDRP Evidence Standards,” Managing Intellectual Property (November 2010)
• “Extraterritorial Application of the Lanham Act,” Managing Intellectual Property (October 2010)
• “Insurance Coverage for Infringement Claims,” Managing Intellectual Property (September 2010)
• “Common Law Rights Can Outlast Registration,” Managing Intellectual Property (July/August 2010)
• “Changes in Declaratory Judgment Standards,” Managing Intellectual Property (June 2010)
• “Licence Agreements in Cross-Border Bankruptcies,” Managing Intellectual Property (May 2010)
• “Cautions on Consent to Registration Agreements,” Managing Intellectual Property (April 2010)
• “Likelihood of Confusion for Alcoholic Beverage Marks,” Managing Intellectual Property (March 2010)
• “Obtaining Registrations for Personal Names,” Managing Intellectual Property (February 2010)
• “Co-Existence Agreements,” Managing Intellectual Property (December 2009/January 2010)
• “Effect of Corporate Name Registrations,” Managing Intellectual Property (November 2009)
• “Changes to Fraud Analysis,” Managing Intellectual Property (October 2009)
• “Registration on the Supplemental Register,” Managing Intellectual Property (September 2009)
• “Settlement of Opposition Proceedings,” Managing Intellectual Property (July/August 2009)
• “Intent-to-Use Requirements,” Managing Intellectual Property (June 2009)
• “Licensing in the Credit Crunch,” Managing Intellectual Property (May 2009)
• “Trade Mark Disclaimers,” Managing Intellectual Property (April 2009)
• “Trade Mark Monitoring,” Managing Intellectual Property (March 2009)
• “Excusable Neglect,” Managing Intellectual Property (February 2009)
• "Deceptively Misdescriptive Geographic Marks,” Managing Intellectual Property (December 2008/January 2009)
• “Avoid Domain Name Scams,” Managing Intellectual Property (November 2008)
• “License Agreement Representations,” Managing Intellectual Property (October 2008)
• “Protecting Certification Marks,” Managing Intellectual Property (September 2008)
• “Avoiding Willful Infringement,” Managing Intellectual Property (July 2008)
• “Using a Third Party’s Trade Mark,” Managing Intellectual Property (June 2008)
• “Claiming Trade Mark Rights in Particular Colors,” Managing Intellectual Property (May 2008)
• “Environmentally Friendly Marketing Claims,” Managing Intellectual Property (April 2008)
• “Enforcement Options for Foreign Marks,” Managing Intellectual Property (March 2008)
• “Alternatives to Federal TM Filings,” Managing Intellectual Property (February 2008)
• “Limitations on Governing Law Provisions,” Managing Intellectual Property (December 2007/January 2008)
• “Excusable Non-Use of a Trade Mark,” Managing Intellectual Property (November 2007)
• “Use of Personal Names,” Managing Intellectual Property (October 2007)
• “Infringement Risks and Related Goods,” Managing Intellectual Property (September 2007)
• “Fraud Warnings,” Managing Intellectual Property (July 2007)
• “Risks Arising from Phonetic Similarity,” Managing Intellectual Property (May 2007)
• “The Importance of Trade Mark Clearance,” Managing Intellectual Property (April 2007)
• “Cautions About Foreign Word Marks,” Managing Intellectual Property (March 2007)
• “Keyword Advertising and Trade Mark Infringement,” Managing Intellectual Property (February 2007)
• “What to Know About Geographic References,” Managing Intellectual Property (December 2006/January 2007)
• “Addressing Grey Market Sales into the US,” Managing Intellectual Property (November 2006)
• “Gripe Sites and Fair Use,” Managing Intellectual Property (October 2006)
• “Tips on Using Priority Foreign Filings,” Managing Intellectual Property (September 2006)
• “Disputes in the Financial Service Industry,” Managing Intellectual Property (July 2006)
• “Trade Mark Enforcement for Domain Names,” Managing Intellectual Property (June 2006)
• “Expanding Well-Known Brands to the US,” Managing Intellectual Property (May 2006)
• “Domain Name Issues in License Agreements,” Managing Intellectual Property (April 2006)
• “New Developments Concerning Trade Mark Licenses in Bankruptcy,” Managing Intellectual Property (March 2006)
• “Defensive Ownership of Domain Names,” Managing Intellectual Property (February 2006)
• “The Effect of New Uses on Copyright License Agreements,” New York Law Journal (October 2004) 
• “Anticipate New Technologies When Drafting Copyright Licenses,” Entertainment Law Weekly (August 2004)
• “Reducing the Effects of Licensing Bankruptcy,” Managing Intellectual Property (August 2004)
• “Madrid Protocol’s Effect on Trademark Search Strategies,” Patent Trademark and Copyright Journal (BNA) (March 2004)
• “Analysis and Perspective: Just Another Option – Foreign Trademark Protection Following U.S. Membership in the Madrid Protocol,” Patent Trademark and Copyright Journal (BNA) (November 2003)
• “Trademark License Agreement Lessons,” New York Law Journal (July 2001)
• “Pitfalls of Software Use,” Bottom Line Business (March/April 2001)
• “Beware! Tricky Penalties for Illegal Software Copying,” Bottom Line Business (August 2001)
• “The Commercial Valuation of Trademarks,” New York Law Journal (March 1995)