Catherine M. Clayton

Catherine M. Clayton is a Director in the Intellectual Property Department, and leads the firm's Trademark Practice. She has a broad range of experience in trademark and copyright law, and her practice encompasses litigation, licensing and prosecution. Ms. Clayton regularly provides clients with strategic advice regarding the availability, validity and enforceability of trademarks. In addition, she has significant experience preventing the unauthorized use of trademarks and copyrights through litigation, arbitration and negotiation.

Ms. Clayton has worked extensively with clients in the fields of cosmetics, hair care, alcoholic beverages, apparel, entertainment, biotechnology, pharmaceuticals, finance and real estate. In addition to representing clients in federal court and before the Trademark Trial and Appeal Board, she regularly assists clients with establishing and maintaining domestic and international trademark portfolios; negotiates and drafts trademark and copyright licenses and assignments; protects clients’ trademarks and copyrights by halting on-line auctions of infringing goods; and resolves domain name disputes through negotiation, litigation in federal court, and arbitration under the Uniform Domain Name Dispute Resolution Policy (UDRP).

Ms. Clayton was born in New Jersey and was raised in London, England, The Hague, Netherlands, Kingwood, Texas and Yanbu, Saudi Arabia. In 1992, she earned a bachelors degree from the University of Texas at Austin, with majors in Political Science and French and a minor in Art History. As an undergraduate, Ms. Clayton also studied law for one year at the Université de Poitiers in France.  She received her J.D. from Georgetown University Law Center in 1997.

Ms. Clayton began her practice at Pennie & Edmonds LLP and was associated with Paul, Hastings, Janofsky & Walker LLP prior to joining Gibbons.

Georgetown University Law Center (J.D., 1997)
Member, Journal of Law and Policy in International Business

University of Texas (B.A., 1992)
Université de Poitiers, Faculté de Droit (1990 - 1991)

State of New York

United States District Court for the Southern District of New York

United States District Court for the Eastern District of New York

United States Supreme Court

Member, International Trademark Association ("INTA")
Member, INTA Anti-Counterfeiting Committee

Member, New York Intellectual Property Law Association

Member, New York Bar Association

Editor, Gibbons IP Law Alert blog (www.iplawalert.com)

"Supreme Court Denies Certiorari in Trademark Challenge to Washington Redskins Name," IP Law Alert, January 12, 2010

"Ironing Out eBay's Obligations to Brand Owners," New York Law Journal, August 28, 2009 (Catherine M. Clayton, Lucy E. Emhardt)

"All Over The Map: Luxury Labels Battle eBay With Widely Varied Results," Intellectual Property Newsletter, September 29, 2008 (Catherine M. Clayton, Lucy E. Emhardt)

"Inside the Minds: IP Portfolio Management: Leading Lawyers on Preventing Infringement, Capitalizing on a Client's IP, and Implementing Best Practices," Aspatore Books, 2008

"Vertical Minimum Pricing Agreements Permitted," New Jersey Law Journal, September 24, 2007 (Catherine M. Clayton, Carrie A. Longstaff)

Interviewed in "Trademark & Copyright: A New Era," GC Mid-Atlantic, September 2007, September 1, 2007

Speaker, Gibbons P.C., "Trademarks for the Non-Trademark Lawyer - What In-House Counsel Should Know About Trademarks, " April 20 - 21, 2010

INTA Roundtable: Policing Trademarks on the Internet and Web 2.0, January 14, 2010

INTA Roundtable: Managing Trademark Costs in a Down Economy - Opportunities and Obstacles for Brand Owner, April 23, 2009

International Trademark Association (INTA) 130th Annual Meeting, Berlin, Germany (Cross-Border Labeling Requirements for Food and Apparel), May 19, 2008