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MATTHEW C. WAGNER
Matthew (Matt) C. Wagner is a partner at
Collen IP. Matt joined the firm in 2000 and serves as lead
counsel in litigation and the procurement, defense and
enforcement of intellectual property rights, including those
of patent, copyright, trademark, trade secrets, unfair
competition, cybersquatting and false advertising, in
federal courts throughout the United States (including
trials and appeals), the United States Patent and Trademark
Office (PTO) and its Trademark Trial and Appeal Board (TTAB),
and the World Intellectual Property Organization (WIPO).
Matt has a demonstrated history working
with clients globally to achieve their business goals.
Matt’s expertise spans a broad range of intellectual
property disputes, related counseling and litigation,
including:
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e-commerce
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technology
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consumer products
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luxury goods
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cosmetics
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publishing
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advertising
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food and beverage, including
planograms and category management
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computer software and hardware
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cable television, telecommunications
and satellite
Prior to joining Collen IP Matt practiced in Washington,
D.C., where he developed a background in cable television
and telecommunications, primarily in the areas of customer
premises equipment (CPE) provisioning, utilization and
regulation, including navigation devices for cable
television systems and other multichannel video programming
technologies.
Matt has extensive experience handling trademark matters. On
behalf of brand owners, Matt regularly secures temporary
restraining orders and preliminary and permanent injunctions
(including ex parte relief) for seizure and impoundment of
counterfeit and grey market goods, from luxury watches to
cosmetics to curry powder.
As lead counsel in patent infringement cases, Matt has
considerable experience with diverse technology and subject
matter, including eyewear, electronic transaction processing
and pre-paid gift card technology, industrial lasers, cable
television and navigation devices, and computer software. He
has consulted in cases involving genetic testing protocols.
Matt has won summary judgment on numerous occasions, for
both plaintiffs and defendants. He has handled a multitude
of Markman claim construction proceedings.
Matt enforces copyright claims across all forms of media,
including print and on the internet, and to protect against
unlawful importation. For example, Matt secured summary
judgment against an importer of grey market watches, for
infringement of the watch maker’s copyrighted designs. Under
the Digital Millennium Copyright Act (DMCA), Matt has
obtained immediate shut down of infringing websites.
Matt represents a wide range of clients, including
independent inventors, entrepreneurs, emerging businesses,
middle market and mature companies, and global enterprises.
His depth of experience and years of practice enable Matt to
provide legal representation to some of the world’s leading
companies and best known brands.
More information and bar
admissions ...
Matt also represents companies in the enforcement of
non-compete, restrictive covenants, and fiduciary duties
against former employees for misappropriation of trade
secrets, and interference with business relationships. In
this context, Matt has invoked the protections of the
federal Computer Fraud and Abuse Act (CFAA), and Racketeer
Influenced and Corrupt Organizations Act (RICO). Matt has
obtained injunctions against former employees from using
misappropriated information and trade secrets in a competing
business to the detriment of their former employers.
Matt regularly takes and defends appeals. From briefing to
oral argument, he has handled appeals involving trademark,
patent, copyright, unfair competition, and related matters.
Among other accomplishments, Matt won a full reversal before
the Seventh Circuit of all counts of conviction in a white
collar criminal case concerning conspiracy and fraud.
Matt is very active in e-commerce and regularly investigates
and enforces trademark and copyright claims against
infringers on the internet. He has recovered valuable domain
names and other intellectual property for clients, and
prevailed in cybersquatting cases. Matt counsels clients on
website privacy policies, terms and conditions, licensing
and interactive services, and advertising and marketing.
Matt advises clients on branding strategy, and the
procurement, enforcement and defense of trademarks,
including trademark applications, registrations,
oppositions, and cancellations before the Patent and
Trademark Office, and its Trademark Trial and Appeal Board.
Matt also counsels clients on transactional and corporate
matters relating to intellectual property, including
licensing, strategic alliances, joint ventures, reseller and
OEM relationships, technology development, privacy and data
security, e-commerce and information technology, business
entities and corporate organizations, stock and asset
transactions, venture capital, trade secrets, consulting and
employment contracts, due diligence, acquisitions, and
portfolio development.
Lectures, Moot Court and Publications
Matt is a frequent lecturer of accredited continuing legal
education programs in intellectual property, such as at Pace
University, Pace Law School, Center for Continuing Legal
Education, where Matt is also active as a Judge in the Moot
Court Trial Competition. Recent lectures at Pace Law School
include: Trademarks, Trade Secrets, Non-Compete and
Non-Disclosure Agreements, False Advertising and Patents
(July 2008); Intellectual Property Basics and Trends,
(Bridge the Gap CLE) (October 2007); Counterfeit Seizures
and Trademark Enforcement Litigation (January 2007);
Counterfeit Goods and the Internet (October 2004);
Infringement and the Internet: Jurisdictional Issues, Cyber
Piracy, Digital Millennium Copyright Act, and Trademark
Infringement (January 2003). Matt has also lectured for the
Westchester County Bar Association, including The Corporate
and Intellectual Property Perspective on Agreements Relating
to Employment (2006).
Matt has also published various pieces relating to
intellectual property, such as:
“Copyright Infringement and Remedies,” NEW Chapter 231E,
Business Organizations with Tax Planning, Lexis-Nexis, 2002,
which becomes a part of revision to 16 volume treatise first
published in 1963. Other publications include:
Jess M. Collen, Matthew C. Wagner & Oren Gelber, Virtual Worlds, 34 New Matter 1, 27-34 (2009)
Jess M. Collen, Matthew C. Wagner & Oren Gelber, Virtual Worlds Current and Impending IP Issues, 15 The Intellectual Property Strategist 11, 1-2, 6 (Aug. 2009)
Education:
Avon Old Farms School, Avon, Conn., 1988
University of Rochester, Rochester, New York, B.A. 1992
Western New England College School of Law, Springfield,
Mass., J.D. 1996
Bar Admissions:
States:
New York
Massachusetts
Connecticut
Washington, D.C.
United States Federal Courts:
Supreme Court of the United States
United States Courts of Appeals:
Federal Circuit
2nd Circuit
6th Circuit
7th Circuit
9th Circuit
United States District Courts:
Eastern District of New York
Southern District of New York
Northern District of New York
District of Massachusetts
District of the District of Columbia
District of Connecticut
Eastern District of Michigan
In addition to these regular
admissions, Matt has appeared in federal courts in more than
14 states, pro hac vice, as a visiting attorney with local
counsel.
Memberships:
Advertising Club of Westchester (Board of Directors, 2009 to present)
Consulegis
International Trademark Association
New York State Bar Association
Elected Positions:
Town Plan & Zoning Commission, Fairfield, CT, Commissioner (2 year term alt.),
(elected Nov. 3, 2009)
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contact Mr. Wagner
We use the word 'Partner' to refer to a shareholder or member of the PC, or an employee or consultant with equivalent standing and qualifications.
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