About Karen Artz Ash

From Paris runways to retail outlets across the United States, Karen Artz Ash has dedicated her career to protecting the intellectual property of major fashion industry names. As National Co-Chair of the Trademark/Copyright/Privacy Group at Katten, which has been nationally ranked as a recommended US firm for copyright law and recognized as Trademark Law Firm of the Year by Best Law Firms, she provides comprehensive intellectual property (IP) counsel to designers and clothing manufacturers as well as clients in other industries in which IP assets figure prominently. The institutional memory that she and her team have established with long-time clients and within the fashion industry as a whole allow her to provide pragmatic and deeply informed guidance across a wide range of issues.

Lauded as a "doyenne of the industry"

Karen, who has been individually honored by Chambers USA in the category of Intellectual Property: Trademark, Copyright & Trade Secrets, helps clients make strategic decisions about IP assets that support their ultimate business goals. That includes, but goes beyond, basic issues like selecting, defending and enforcing IP rights. She also assists with corporate structuring issues, often rooted in tax analysis, particularly for entities with IP assets that represent a large portion of their overall value. Additionally, Karen strategizes on rebrandings, negotiates commercial agreements involving IP rights, and helps clients integrate protective measures for their intellectual property into their day-to-day business operations.

With her many international relationships in the fashion industry, Karen has developed significant experience in cross-border issues, applying her background in economics and finance to her practice. She also gained experience as a clerk in New York bankruptcy court that continues to benefit clients that have either gone through reorganizations or acquired assets from third parties in bankruptcy.

Beyond Karen's IP work, she serves as Pro Bono Chair of Katten's New York office and maintains a level of commitment and an active pro bono practice, which includes having served as Chair of the Board of Directors at Volunteers of Legal Service (VOLS) for multiple terms and where she continues to serve on the Board and Executive Committee, rounding out more than 22 years of Board service to VOLS. She has also served and continues to serve in multiple leadership positions, both locally and nationally, for the Anti-Defamation League (ADL), including positions on its New York Executive Committee, its Advisory Board and currently, as a National Commissioner. Karen is a long-serving member of the Board of Trustees of the New York Choral Society, a local performing arts organization. Additionally, she is an active member of the Southern District of New York's Mediation Panel, where she has served on its Advisory Board and acted as a Mediator since the panel's inception in 1995. She also serves as an appellate mediator with the US Court of Appeals for the Second Circuit's CAMP mediation and settlement program, having been a part of its inaugural class more than six years ago and continuing as an appellate mediator for the following six-year period. Along with her extensive community involvements, Karen has educated future lawyers as an Adjunct Professor at New York Law School for more than 15 years and ongoing, teaching practical substantive and drafting skills for IP licensing in the fashion industry.

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Practice Focus

  • Trademark licensing and strategy
  • IP licensing and other transactions
  • Mergers and acquisitions
  • Securitizations and financings
  • IP due diligence
  • Bankruptcies and reorganizations
  • Enforcement and defense

Representative Experience

  • Represented a major national retailer as special IP Counsel in its Ch. 11 proceedings, and in connection with the sale of its global assets to a purchaser, including the sale of its China-based subsidiary and wholesale business.
  • Represented a multinational fashion and beauty firm in connection with finalizing arrangements for its Europe-based Couture designer.
  • Represented an online jewelry designer in connection with enforcing rights against a third party in its house brand and personal name mark, and in securing registration rights for such marks globally.
  • Represented a global licensing fashion brand powerhouse to shut down fake websites in multiple foreign countries and domestically.
  • Represented a worldwide manufacturer and wholesaler of sound and visual entertainment equipment to enforce its rights against multiple fake websites in multiple countries.
  • Represented a chain apparel and accessories retailer in defending against the allegedly unauthorized use of a design and in securing a settlement with the commercial artist.
  • Represented an international skincare beauty and make-up company to enforce its trademarks and trade dress rights against a third-party emulating the “look and feel” of the client’s products for discount level products. Confusingly similar copies of the client’s packaging, presentation, and branding were successfully addressed.
  • Represented a global brand aggregator in its acquisition of a European and UK- based luxury footwear business out of Administration proceedings and subsequently in connection with it licensing to multiple domestic licensees in the US.
  • Represented a world-famous fashion house in enforcing its rights against a sub-licensee of its Licensee to secure an injunction, judgment and monetary recovery in Chile.
  • Represented a global brands management company in multiple administrative proceedings against an Asia-based fashion manufacturer involving a battle over rights to a niche outerwear label.
  • Represented a famed cashmere designer in its first foray into global licensing and subsequently assisted this client in effecting a disassociation from its former business partner and in effecting a termination and transition of its licensee.
  • Represented an international fashion brand and its affiliate, continuing our years-long representation, in connection with its defense of multiple allegations of infringement asserted by a direct global competitor, prevailing in actions in the Netherlands and ultimately succeeding in the highest jurisdictional courts in Europe.
  • Represented a large brand management company in its acquisition of the worldwide intellectual property assets of a recognized trendy domestic lifestyle brand and the license back of such intellectual property rights for the continued operation of the brand, wholesale and retail businesses.
  • Represented famed menswear and women’s tailored clothing designers in exclusive relationships to design and produce a collection of airlines and other work uniforms.
  • Represented international designer businesses in connection with negotiating and finalizing talent endorsements and collaboration agreements with Chinese and Korean pop artists.
  • Represented a tailored menswear retailer and various of its affiliated entities, in connection with defending against a purported class action commenced by a serial claimant’s counsel. The claim alleged misrepresentation in labeling and packaging relating to the use of a certain quality and style of fabric used in apparel. The client was indemnified by its vendor.
  • Represented an international fashion house in connection with a global re-vamping and updating of its longstanding license agreement with a renowned beauty company. The work in this matter involved the use of licensed trademarks for fragrance, a part of the large re-configuring of their licensing relationship expanded the licensed rights to include additional product categories such as makeup, accessories and other beauty and home goods.
  • Represented a niche men’s underwear brand, in connection with its negotiation of and subsequent unwinding of its license agreement covering an expanded category of products, resulting in a mutually beneficial termination agreement. The resolution of this matter also resulted in payments to the client.
  • Represented a brand management owner in connection with a series of licenses under its lifestyle division for the development of ready-to-eat foods and a chain of restaurants under the name of a recognized lifestyle guru.
  • Represented a brand licensing business in transitioning from traditional bank financing to a new consortium of financial resources for its global business, predicated on the value of its intellectual property.

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