Bernard S. Klosowski, Jr.
Ben Klosowski has practiced law in South Carolina since 2000, after he left active duty service in the U.S. Navy and after practicing law for a short time in Maryland. Prior to becoming an intellectual property attorney, Ben was a naval flight officer, an instructor at his alma mater, the U.S. Naval Academy, an electro-optics engineering center manager, and a program manager for a computer systems company. In the early part of his legal career, Ben honed his patent and other intellectual property skills by representing solo inventors as well as large, multinational companies in a variety of technical art areas, including mechanical, optical, computer and electro-mechanical arts. Ben has also written and co-authored numerous patent non-infringement and validity opinions, and he has advised clients with respect to copyright, trade dress, and trade secret concerns.
Today, as an experienced patent, copyright and trademark prosecutor and litigator representing large corporations, small businesses and individuals, Ben approaches each matter with an understanding of the many nuances surrounding the perfection of intellectual property, always with an eye toward litigation, both defensively and offensively. He understands that being involved in litigation is a difficult and unsettling experience for individuals and businesses alike. With that in mind, he works closely with clients to accommodate their needs and objectives, determining the most effective and efficient way to prepare and protect intellectual property, to resolve a case at the earliest opportunity, and to press a case aggressively, when required.
Ben spends much of his time handling trademark and copyright cases. On the trademark side, his familiarity with the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office, combined with his in-depth practical knowledge of trademarks, enables him to counsel clients on the best way to handle each case, whether it be preparing and filing an application for a federal trademark registration, moving to cancel another party’s registration, or defending a client’s registration in an opposition proceeding before the TTAB. Ben is equally comfortable defending or asserting trademark rights in federal and state courts.
In addition, Ben understands the high stakes involved in patent and copyright litigation cases – from multiple parties to the combination of problems that can ultimately lead to a lawsuit with years of litigation. Ben works with clients to quickly assess their specific situations so their cases can be resolved as rapidly as possible so they can continue running their business with minimal disruption. Ben painstakingly analyzes the claims of a patent in question, compares the claims to the accused product or method, and advises clients of their rights to defend or assert a patent. At every stage of litigation, he is always looking for the most advantageous result for his client, and he is ready and willing to take the case to trial if and when circumstances dictate.
Ben’s ties to the upstate are unbreakable. His children – a newborn boy and three-year old girl when Ben and his wife came to South Carolina in 2000 – know only South Carolina as home. Also, although Ben serves clients nationally and internationally, a substantial number of his clients are located across South Carolina. Ben and his family have been members of the same church for years, and he and his wife contribute time and resources to many charitable organizations in the upstate. Ben is the immediate past president of the U.S. Naval Academy Alumni Association’s Palmetto Chapter.
“Intellectual property can be a sword and shield in today’s competitive marketplace. It can also be a source of significant revenue, if properly perfected and managed.”
Representative Matters
Intellectual Property
Obtained a complex “bread and butter” patent for a power solutions company after a large intellectual property firm had struggled with the subject matter for years, at great cost to the client. With the patent finally in hand, the president of the company told Ben, “Thank you so very much for seeing this patent through for us. The partners and employees are thrilled, with much talk about what to patent next.”
A national association was named among several defendants in a suit for trademark infringement, cybersquatting and unfair business practices. With most federal cases breaking the other way, Ben successfully moved to stay the case in favor of multiple actions before the TTAB. In a case of copyright infringement, Ben represented a small marketing company when its “how to” advertising and marketing materials were copied by another company. Through Ben’s aggressive negotiations, the case was settled for a substantial sum before trial.