Ostrager Chong Flaherty & Broitman P.C.
Josh is an intellectual property attorney with more than 25 years of experience counseling large corporations, small businesses, start-ups and individuals in the development, protection, enforcement and defense of their patent, trademark, trade dress and copyright assets.
Josh prides himself on bringing a practical, business-oriented approach to all types of patent, trademark, trade dress, copyright or unfair competition issues for his clients.
Josh has provided counsel to a broad range of clients in diverse industries regarding product design, adoption of trademarks, service marks and trade dress, patent and trademark portfolio strategy and management, including rendering opinions regarding patentability, patent infringement, patent invalidity and enforceability issues, freedom-to-operate opinions, and trademark clearance opinions for use and registration.
He regularly drafts and negotiates license agreements and related intellectual property documents, and provides counsel regarding strategies for asserting and defending patent, trademark, copyright, and unfair competition claims. In that regard, Josh has participated in many litigation proceedings in U.S. federal courts and trademark opposition and cancellation proceedings before the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board, including managing discovery, taking and defending depositions, drafting memorandum of law and arguing motions.
He has also drafted and prosecuted hundreds of patent and trademark applications, and has technical experience in the mechanical, electrical, electro-mechanical and industrial systems arts, and a broad spectrum of technologies and businesses including nonwovens, aerospace, medical devices, telecommunications, consumer electronics and toys, financial news and others.
Since 2019, Josh has been on the Board of Directors of Mission, a non-profit philanthropic fashion media company. He is actively involved in local community and religious organizations, and is Co-President of The Community Synagogue of Rye in Rye, New York.
Josh has been awarded an AV® rating from Martindale-Hubbell Bar Register of Preeminent Lawyers, signifying the highest level of legal ability, and very high adherence to the professional standards of conduct, ethics, reliability and diligence.
RECENT PUBLICATIONS:
BARCLAYS CAPITAL v. THEFLYONTHEWALL.COM: The Second Circuit Reaffirms the ‘Narrow’ Scope of a Non-Preempted INS-Type ‘Hot-News’ Misappropriation Claim” (April 12, 2012, OCFB News)
PRACTICE AREAS:
- Intellectual Property Litigation
- Patents
- Trademarks & Unfair Competition
- Copyright & Misappropriation
- Securities Litigation
- Technical expertise in electrical, computer, software & mechanical arts
BAR ADMISSIONS:
- New York
- U.S. District Court, Southern District of New York
- U.S. District Court, Eastern District of New York
- U.S. Court of Appeals, Second Circuit
- U.S. Patent and Trademark Office
EDUCATION:
- J.D., Hofstra University School of Law
- B.S. Electrical Engineering, Northwestern University
PROFESSIONAL ASSOCIATIONS:
- Member, New York Intellectual Property Law Association: Trademark & Patent Committees
CIVIC ENGAGEMENT:
- Board Member, Mission Magazine (Non-Profit, Fashion Media Company)
- Co-President, Community Synagogue of Rye (Rye, New York),
- Member, Hofstra Law IP Alumni Working Group