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Profile Picture

Howard S. Hogan

Howard
Hogan

Partner

CONTACT INFO

hhogan@gibsondunn.com

TEL:+1 202.887.3640

FAX:+1 202.530.9550

Washington, D.C.

1050 Connecticut Avenue, N.W., Washington, DC 20036-5306 USA

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PRACTICE

Intellectual Property Appellate and Constitutional Law Emerging Companies Fashion, Retail and Consumer Products Litigation Media, Entertainment and Technology Privacy, Cybersecurity and Data Innovation Sports Law Trade Secrets Transnational Litigation

BIOGRAPHY

Howard S. Hogan is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and is chair of the Fashion, Retail and Consumer Products group.  Over the course of his career, Mr. Hogan has handled numerous complex cases in a variety of federal and state courts in several different substantive areas including general commercial, securities and employment matters, and internal investigations.

Mr. Hogan’s practice focuses on intellectual property litigation and counseling, including trademark, copyright, patent, false advertising, right of publicity, licensing, and trade secret matters.  Mr. Hogan has represented various corporations and individuals in a broad range of industries, including financial services, sports, fashion, cosmetics, entertainment, transportation, pharmaceuticals, and online services.  A significant portion of Mr. Hogan’s practice involves computer, Internet, and new media-related issues.  He has represented and counseled a wide variety of companies on these issues, whether they are Internet-focused companies or traditional brick–and–mortar companies.  Many of Mr. Hogan’s matters have tested the application of traditional legal principles to the Internet and new media, such as in connection with issues of Internet jurisdiction, online contracting, and the application of trademark and copyright law to search engines, social media, and online sales.  Mr. Hogan also regularly counsels clients in connection with the application of privacy law to online commercial activities and data breaches, and has assisted clients with several substantial trade secrets and information security matters.

Representative Matters

  • Represented Brooks Sports, Inc. in a hotly contested trademark infringement suit in the Eastern District of Virginia against a prominent Chinese sporting goods company. Mr. Hogan and the Gibson Dunn team built an extensive record of the defendant’s extreme discovery misconduct, leading to a default judgment sanction in Brooks’s favor.  The parties then entered into a settlement agreement.
  • Argued a high-profile copyright case before the U.S. Court of Appeals for the Third Circuit, which resulted in a published decision reversing an injunction that had purported to prohibit the sale and marketing of an allegedly infringing book written by Gibson Dunn’s client.
  • Served as lead counsel to Kimberly-Clark Corporation in a trademark infringement action seeking millions of dollars in damages because of Kimberly-Clark’s alleged use of the plaintiff’s registered phrase in online advertising. After eliciting testimony in which the plaintiff admitted that he could not meet his required burden of establishing a likelihood of confusion, the case was resolved on confidential terms.
  • Represented Heaven’s Door Spirits LLC, marketer of its “Heaven’s Door” line of premium whiskeys in partnership with Bob Dylan in connection with a trademark infringement action that sought an injunction banning the product. The parties entered into a confidential settlement agreement and “Heaven’s Door” whiskey continues to be sold throughout the United States.
  • Represented Gucci America, Inc., Balenciaga America, Inc., Tiffany & Co., and other luxury brands in a series of trademark infringement actions against operators of websites that sell counterfeit goods, resulting in awards of millions of dollars in damages and broad injunctive relief.  In 2009, Mr. Hogan and the Gibson Dunn team brought claims in the Southern District of New York against Woodforest National Bank and others for their role in processing credit card orders for counterfeits.  In June 2010, in a closely watched decision, the court denied the defendants’ motion to dismiss, finding that Gucci’s complaint sufficiently stated a contributory trademark liability claim.  More recently, in Gucci America, Inc. v. Li, a different court granted Gibson Dunn’s motion to compel the Bank of China to produce counterfeiters’ bank records, despite claims that the documents were protected under Chinese law, and denied the Bank’s cross-motion to relieve its obligation to freeze the counterfeiters’ accounts. The U.S. Court of Appeals for the Second Circuit affirmed that decision in relevant part and subsequently refused to stay the district court’s further order holding the Bank of China in contempt of court and assessing daily fines of $50,000 per day.  The matter settled on confidential terms.
  • Represented Capital One Financial Corporation in a lawsuit against John Kanas and John Bohlsen, the most senior officers of BankUnited, Inc., for violation of non-competition agreements that they had entered into in connection with the sale of North Fork Bank to Capital One in 2006 for $13.2 billion.  The case settled on favorable terms after Capital One prevailed in a number of discovery disputes, and after United States District Judge Liam O’Grady denied Defendants’ motion for summary judgment, concluding that the non-competition agreement at issue was enforceable as a matter of Virginia law.   Under the terms of the settlement agreement, Capital One received $20 million in cash, and Defendants agreed to additional non-monetary relief.
  • Represented American Airlines, Inc. in a cutting-edge and hard-fought trademark dispute with Google seeking broad injunctive relief and extensive damages concerning the use of American’s trademarks in Google’s search advertising programs.  After intense discovery battles, Gibson Dunn successfully argued to the Court that Google should be sanctioned by requiring Google to provide direct access to its extensive electronic databases so that American could show substantial trademark violations and extensive damages.  The case was settled pursuant to a confidential settlement agreement.  Gibson Dunn also represented American Airlines in a similar lawsuit against Yahoo alleging identical Lanham Act and common law claims, and Yahoo also settled on the eve of an evidentiary hearing concerning Yahoo’s alleged discovery misconduct.
  • Served as lead counsel for the University of Southern California in a case filed in the U.S. District Court for the District of Columbia by inventor Dennis Solomon asserting trademark, trade secrets, and other claims.  In 2010, the Court of Appeals for the D.C. Circuit summarily affirmed the order of dismissal obtained in the District Court below.
  • Represented Metro Bank in trademark infringement action brought by Members 1st Federal Credit Union over allegedly similar M logos.  The case settled in March 2011, just weeks before trial, based on a dismissal of the claims without prejudice.

Mr. Hogan is a frequent lecturer and writer on intellectual property and technology-related issues.  For example, Mr. Hogan is the co-author, with Gibson Dunn partner Jennifer Bellah Maguire, of Fashion Law and Business: Brands and Retailers, a treatise published by the Practising Law Institute and updated in 2019.  Mr. Hogan is also author of the trademark and domain name chapters of the treatise, Intellectual Property Law in Cyberspace, published by Bloomberg BNA in conjunction with the American Intellectual Property Law Association, and updated annually.  Mr. Hogan has also been a speaker at meetings of the International Trademark Association; the South by Southwest (SXSW) Interactive Conference in Austin, Texas; the American Bar Association Section of Intellectual Property Law; and Comic-Con San Diego on entertainment law issues as part of the “Comic Book Law School” program.  Mr. Hogan has also provided commentary on intellectual property issues for CBS News, Bloomberg TV, and National Public Radio, and he has been quoted in publications such as The Wall Street Journal, The Washington Post, USA Today, Law360, Electronic Commerce & Law Report, The Recorder, and Managing Intellectual Property.

Mr. Hogan devotes significant time to assisting not-for-profit organizations with different issues.  In 2008, the Meals on Wheels Association of America honored Mr. Hogan with its ‘Friend of the Year Award’ for his assistance to MOWAA’s efforts to end senior hunger, and in 2019, the Jewish National Fund honored Mr. Hogan and a Gibson Dunn team with the organization’s inaugural Presidential Award for their pro bono contributions.  Mr. Hogan has served on the Boards of Directors for the Meals on Wheels Association of America Foundation, the National Foundation to End Senior Hunger, and the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, among others.

From 1999-2000 Mr. Hogan was Law Clerk to the Honorable Naomi Reice Buchwald, United States District Judge for the Southern District of New York.  In 1994, Mr. Hogan helped to initiate the AmeriCorps*National Civilian Community Corps, where he served as a Team Leader until 1996 and received the organization’s Outstanding Leadership Award in 1995.

Mr. Hogan received his B.S.F.S., magna cum laude, from Georgetown University School of Foreign Service in 1994 in International Relations, Law, and Organization, Phi Beta Kappa with a European Studies Certificate.  In 1999 he received his J.D., cum laude, from New York University School of Law, where he was Editor-in-Chief of The Commentator and Research and Writing Editor for the Moot Court Board.  Mr. Hogan is also an alumnus of Lady Margaret Hall, Oxford University, where he spent the 1992-93 academic term as a visiting student.

Mr. Hogan is a member of the bars of New York, Connecticut, and the District of Columbia, and has been admitted to appear before the United States Supreme Court, the U.S. Courts of Appeals for the Second Circuit, the Third Circuit, the Fourth Circuit, the Fifth Circuit, the Ninth Circuit, the D.C. Circuit and the Federal Circuit and the United States District Courts for the Southern, Eastern, and Northern Districts of New York, the District of Columbia, the District of Maryland, and the Eastern District of Texas.

EDUCATION

New York University - 1999 Juris Doctor

Georgetown University - 1994 Bachelor of Science

ADMISSIONS

Connecticut Bar

District of Columbia Bar

New York Bar

RECENT PUBLICATIONS

Firm News - February 9, 2023 | Howard Hogan and Ilissa Samplin Named Among Leading Trademark Lawyers in 2023 by World Trademark Review
Firm News - January 9, 2023 | Howard Hogan and Jennifer Bellah Maguire’s Book Named One of Best Fashion Books of All Time
Firm News - August 3, 2022 | Gibson Dunn Recognized in 2022 Managing IP Handbook
Client Alert - May 20, 2022 | New District Court Decision Provides Useful Guidance on Application of Trademark Law to Virtual Goods
Article - April 26, 2022 | Courts Continue to Debate the Legal Status of Reposted Social Media Content
Firm News - March 3, 2022 | Gibson Dunn and Howard Hogan Named to World Trademark Review 1000 2022 Edition for Enforcement and Litigation
Client Alert - February 24, 2022 | Supreme Court Holds That A Mistake Of Law Can Excuse An Inaccurate Copyright Registration
Client Alert - January 27, 2022 | Update on Mandatory Human Rights Due Diligence: Groundbreaking New York Fashion Sustainability Legislation Proposal, While EU Initiative Stalls
Firm News - October 13, 2021 | Gibson Dunn Recognized in 2021 Managing IP Handbook
Article - June 14, 2021 | How Trade Dress Law Has Evolved During COVID
Client Alert - June 14, 2021 | Second Circuit Issues Important Ruling on Trademark Settlements and Antitrust/IP Interface
Firm News - February 17, 2021 | Gibson Dunn, Howard Hogan and Kenneth Parker Named to World Trademark Review 1000 2021 Edition for Enforcement and Litigation
Client Alert - February 2, 2021 | Media, Entertainment and Technology Group 2020 Year-End Review
Client Alert - January 28, 2021 | U.S. Cybersecurity and Data Privacy Outlook and Review – 2021
Client Alert - December 28, 2020 | COVID-19 Relief Bill Creates New Small Claims Copyright Board, Stronger Criminal Penalties for Illicit Streaming
Client Alert - December 22, 2020 | New Law Creates Procedural Tools to Challenge Fraudulent Trademark Filings and Formalizes Presumption of Irreparable Injury for Trademark Violations
Client Alert - October 8, 2020 | Media, Entertainment and Technology Group – Fall 2020 Update
Publications - October 6, 2020 | Where Does Judge Barrett Fall on IP Issues?
Publications - July 1, 2020 | Should the Law Treat Profit Awards Differently in Trademark Infringement and Dilution Cases?
Publications - May 28, 2020 | Navigating TM Profits Remedy After High Court Decision
Client Alert - May 22, 2020 | U.S. Copyright Office Releases Report on Recommended Changes to Digital Millennium Copyright Act (DMCA)
Client Alert - May 7, 2020 | Supreme Court Holds That Copyright Protection Does Not Extend To Annotations Accompanying Statutory Text
Firm News - February 13, 2020 | Gibson Dunn and Howard Hogan Named to World Trademark Review 1000 2020 edition for Enforcement and Litigation
Client Alert - June 24, 2019 | Supreme Court Holds That A Federal Ban on “Immoral or Scandalous” Trademarks Violates the First Amendment
Firm News - May 21, 2019 | Gibson Dunn Recognized in 2019 Managing IP Handbook
Client Alert - February 21, 2019 | Media, Entertainment and Technology Group Outlook and Review – 2019
Firm News - February 7, 2019 | WTR1000 Recognizes Gibson Dunn’s Trademark Work
Client Alert - January 28, 2019 | U.S. Cybersecurity and Data Privacy Outlook and Review – 2019
Client Alert - August 8, 2018 | Media, Entertainment and Technology Group – 2018 Mid-Year Update
Firm News - July 2, 2018 | Gibson Dunn Recognized in 2018 Managing IP Handbook
Client Alert - March 9, 2018 | D.C. Circuit Applies U.S. Copyright Law to Video Content Streamed from Abroad
Client Alert - January 19, 2018 | Media, Entertainment and Technology Group – 2017 Year-End Update
Firm News - January 1, 2018 | WTR1000 Recognizes Gibson Dunn’s Trademark Work
Client Alert - July 19, 2017 | Media, Entertainment and Technology Group – 2017 Mid-Year Update
Client Alert - June 21, 2017 | Supreme Court Strikes Down Ban on Registration of Disparaging Trademarks on First Amendment Grounds
Article - May 22, 2017 | High Court Laches Rulings Likely Won’t Affect TM Cases
Client Alert - March 31, 2017 | Supreme Court Establishes National Test to Determine When an Artistic Element of a Useful Item Is Protectable Under the Copyright Act
Article - February 24, 2017 | Recent Developments in Counterfeiting
Client Alert - February 16, 2017 | Media, Entertainment and Technology Group – 2016 Year-End Update
Article - February 13, 2017 | Where Does Judge Gorsuch Fall on IP?
Article - January 20, 2017 | Where Will The Cards Fall When Trump Reshuffles The Deck on IP Policy?
Client Alert - August 4, 2016 | Media, Entertainment and Technology Group – 2016 Mid-Year Update
Client Alert - May 11, 2016 | President Obama Signs Federal Trade Secrets Law
Article - April 29, 2016 | Follow the Money
Article - August 14, 2015 | IP Suit Over Katy Perry Dress Faces Big Hurdles
Client Alert - April 27, 2015 | Lynch Provides ‘Beast Mode’ Seminar on use of Trademarks
Article - April 24, 2015 | Unpacking Hargis
Client Alert - March 26, 2015 | U.S. Supreme Court Endorses Use of Issue Preclusion to Prevent Court Litigation of Issues Tried Before Administrative Trademark Board
Client Alert - February 5, 2015 | New FTC Report Sets Out Principles Likely to Influence Regulation of the “Internet of Things”
Client Alert - February 4, 2015 | Federal Circuit Restates Test to Evaluate Trademarks That Use Geographic Terms
Client Alert - January 26, 2015 | Ninth Circuit Decision Reaffirms New Paradigm on Interplay Between First Sale, Import Rights Under the Copyright Act, Suggests Continuing Viability of Copyright Misuse Defense
Client Alert - January 22, 2015 | Supreme Court Resolves Circuit Split, Holds That Jury Should Decide Whether a Current Trademark Is Close Enough to a Predecessor to Benefit from Historic Use
Client Alert - July 3, 2014 | U.S. Supreme Court Extends Fourth Amendment Protection to “Digital” Searches for the First Time in Landmark Decision
Client Alert - June 25, 2014 | U.S. Supreme Court Rules That Aereo’s Streaming of Broadcast Television Programming Violates the Copyright Act
Client Alert - March 26, 2014 | U.S. Supreme Court Resolves Circuit Split on Standing to Bring Lanham Act False Advertising Claims
Client Alert - March 18, 2014 | U.S. Commerce Department Announces Plan to Accelerate Transition to Private Management of the Domain Name System
Client Alert - February 10, 2014 | The Glamorous Side of Intellectual Property Law
Client Alert - January 22, 2014 | OSHA’s New Emphasis on the Retail Industry
Client Alert - September 19, 2013 | Don’t Underestimate The Harm Caused By Counterfeiters
Client Alert - January 11, 2013 | U.S. Supreme Court Holds That a Covenant Not to Sue Can Moot a Trademark Challenge
Client Alert - January 20, 2012 | Intellectual Property Law in Cyberspace
Client Alert - September 6, 2011 | New Decision Confirms Federal Courts’ Power to Freeze Counterfeiters’ Overseas Assets and Order Production of Foreign Bank Records
Client Alert - June 28, 2011 | U.S. Supreme Court Strikes Down Law Regulating Use of Medical Data on Free Speech Grounds
Client Alert - June 24, 2011 | Courts Continue to Question Whether Using the Trademarks of Others to Trigger Search Engine Advertising Gives Rise to Trademark Liability
Client Alert - June 2, 2011 | Ninth Circuit Rules that Emailed Receipts Do Not Trigger the Identity Theft Provisions of the Fair and Accurate Credit Transactions Act
Client Alert - May 1, 2011 | Search Engine Advertising Trademark Claims
Client Alert - March 11, 2011 | Ninth Circuit Addresses Use in Commerce, Likelihood of Confusion Issues in Search Engine Advertising Trademark Claims
Client Alert - March 9, 2011 | U.S. Supreme Court Finds the Definition of “Personal Privacy” in One Statute to Exclude the Privacy of Corporations
Client Alert - June 25, 2010 | Important New Decision Establishes That Credit Card Processors May Be Held Liable as Contributory Trademark Infringers for Knowingly Servicing Merchants Who Sell Counterfeits
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