Brooks Kushman Attorneys Elected State Bar IP Section Officers

Brooks Kushman attorneys David C. Berry and Hope Shovein have been elected to serve one-year terms as Chair and Chair-Elect, respectively, of the State Bar of Michigan Intellectual Property Law Section. The election took place on Saturday, July 23, 2016 at the section’s annual meeting at the Grand Hotel on Mackinac Island.

As Chair, Berry will be responsible for oversight of the group of over 1200 members, report on the section’s efforts and contributions at each annual State Bar of Michigan meeting and oversee the section’s various events throughout the year. He also chairs the steering committee of the Michigan Patent Pro Bono Project, which is a service project of the section. Berry is a registered patent attorney and has more than 15 years of law practice experience focusing on patent litigation and IP licensing. He has represented clients in all phases of litigation, including pre-trial proceedings, bench and jury trials and appeals, including arguing before the U.S. Court of Appeals for the Federal Circuit.

As Chair-Elect, Shovein will succeed Berry as Chair in July 2017. She will also preside over the section’s meetings and oversee the Intellectual Property committees as needed. Shovein previously served as the section’s Secretary-Treasurer. Shovein focuses her practice on the procurement and enforcement of trademark rights, including proceedings before the Trademark Trial and Appeal Board. Shovein specializes in helping clients enforce their rights in any medium, such as the unauthorized use of trademarks in website content, and representing clients in domain name disputes.

The Intellectual Property Law Section of the State Bar of Michigan provides education, information and analysis about laws and procedures pertaining to federal and state patent, trademark and copyright laws through a variety of activities including meetings, seminars and publication of a newsletter. The section reports proposed legislation, supports the legal education of members and the general public and promotes the fair and just administration of such laws.

About Brooks Kushman P.C.

Brooks Kushman P.C. is a leading intellectual property (IP) and technology law firm with offices in Michigan and California, and represents clients nationally and internationally with respect to protection, enforcement and monetization of IP, including patents, trademarks, copyrights and trade secrets. The firm has more than 90 intellectual property professionals specializing in various technical disciplines, and has a reputation for providing leading IP counseling with a focus on the business objectives of their clients.

Brooks Kushman counts a number of Fortune 100 companies across a variety of industries among its clients. The firm is also recognized by leading legal publications and rankings, including Corporate Counsel magazine, U.S. News & World Report, Law360, Intellectual Asset Management, Managing Intellectual Property, World Trademark Review, and Intellectual Property Today.

For more information, please visit http://www.BrooksKushman.com.

Brooks Kushman Senior Attorney to Discuss Intellectual Property Law for the Growing Business

Brooks Kushman Senior Attorney Timothy Clise will provide an overview of common intellectual property legal issues for growing businesses at Automation Alley on Tuesday, June 14, 2016.

In his presentation, Clise will discuss how changes in IP law over the last 10 years have left companies of all sizes faced with a variety of challenges to maintain a current IP strategy that maximizes protection. He will address critical intellectual property issues, how to overcome common obstacles and strategies to maximize IP protection, while providing practical guidance on trademarks, patents and licensing agreements.

Automation Alley is a technology business association dedicated to growing the economy of Southeast Michigan and enhancing the region’s reputation around the world. The presentation is part of the Automation Alley 7Cs™ program, an initiative aimed at accelerating the growth of manufacturing startups using a customized seven-step process including intense coaching and access to investment and resources.

Clise’s practice at Brooks Kushman focuses on U.S. and international patent preparation and prosecution in the electrical, mechanical and electromechanical arts. He also advises his clients on design, trademarks and trade secrets for developing meaningful, worldwide intellectual property portfolios. As a recognized leader in intellectual property law, Clise has been invited to speak on internal best practices, how to develop meaningful patent portfolios, and routinely speaks in Asia and Europe on various US patent law topics.

Clise holds a Juris Doctor from the University of Dayton and a Bachelor of Science in Electrical Engineering from Michigan State University. Prior to joining Brooks Kushman he was an Intellectual Property Attorney for a major wireless communications corporation and Managing Partner of his own Minnesota-based firm.

About Brooks Kushman P.C.
Brooks Kushman P.C. is a leading intellectual property (IP) and technology law firm with offices in Michigan and California, and represents clients nationally and internationally with respect to protection, enforcement and monetization of IP, including patents, trademarks, copyrights and trade secrets. The firm has more than 90 intellectual property professionals specializing in various technical disciplines, and has a reputation for providing leading IP counseling with a focus on the business objectives of their clients.

Brooks Kushman counts a number of Fortune 100 companies across a variety of industries among its clients. The firm is also recognized by leading legal publications and rankings, including Corporate Counsel magazine, U.S. News & World Report, Law360, Intellectual Asset Management, Managing Intellectual Property, World Trademark Review, and Intellectual Property Today.

For more information, please visit www.BrooksKushman.com.

Brooks Kushman Attorneys Named “IP Stars” by Managing IP

Brooks Kushman is pleased to announce six of the firm’s shareholders have been named “IP Stars” by Managing Intellectual Property (IP) Magazine. This comprehensive guide to leading IP firms and lawyers covers more than 80 countries.

Brooks Kushman attorneys recognized as IP Stars by the publication are President Mark Cantor and Shareholders Frank Angileri, Elizabeth Janda, John LeRoy, Sangeeta Shah and Robert Tuttle.

• Cantor serves as the president of the Brooks Kushman and is one of the founders of the firm. His practices focusing on complex litigation matters in all technology areas, and has been named an “IP Star” since 2013.
• Angileri is co-chair of Brooks Kushman’s Post-Grant Proceedings practice, and focuses on IP litigation. He was also named as Michigan’s “IP Litigator of the Year” for 2015 & 2016.
• Janda serves as chair of Brooks Kushman’s Trademark practice, managing substantial trademark portfolios both domestically and internationally in a variety of industries. She has been on the list of “IP Stars” since 2013.
• LeRoy is chair of Brooks Kushman’s Open Source Compliance practice and focuses his practice on software and electrical patent litigation. He advises companies on the effective use of open source software in their products and creates customized strategies to help them comply with various license terms.
• Shah is Brooks Kushman’s co-chair of Post-Grant Proceedings and Chief Diversity Officer. Her practice is primarily focused on post-grant challenges and patent opinions. She represents several Fortune 500 clients for whom she provides strategic counseling and guidance on their global IP portfolios. She has been on the list of “IP Stars” since 2014.
• Tuttle’s practice at Brooks Kushman focuses on IP litigation. He works closely with clients across a variety of industries on litigation matters covering all aspects of IP strategy including patents, trademarks and trade secrets. Tuttle was named Michigan “IP Litigator of the Year” in 2013 and has been an “IP Star” since 2013.

According to Managing Intellectual Property magazine, IP Stars ratings are based on research of over 1,000 interviews and surveys completed by partners and law firms active in the United States. Additional research is conducted through discussions with clients and leading in-house counsel, while also reviewing public information and coverage.

About Brooks Kushman P.C.
Brooks Kushman P.C. is a leading intellectual property (IP) and technology law firm with offices in Michigan and California, and represents clients nationally and internationally with respect to protection, enforcement and monetization of IP, including patents, trademarks, copyrights and trade secrets. The firm has more than 90 intellectual property professionals specializing in various technical disciplines, and has a reputation for providing leading IP counseling with a focus on the business objectives of their clients.

Brooks Kushman counts a number of Fortune 100 companies across a variety of industries among its clients. The firm is also recognized by leading legal publications and rankings, including Corporate Counsel magazine, U.S. News & World Report, Law360, Intellectual Asset Management, Managing Intellectual Property, World Trademark Review, and Intellectual Property Today.

For more information, please visit www.BrooksKushman.com.

Brooks Kushman Senior Attorney Discusses Hashtag Trademarks in Michigan Lawyers Weekly

Brooks Kushman Senior Attorney Hope Shovein was featured in Michigan Lawyers Weekly’s February 5, 2016 article, “Intellectual property law is hashing things out.”

The article discusses whether hashtags can be protected as trademarks, as well as how companies can ensure they are not infringing on competitor trademarks when using hashtags.

According to Shovein, “a hashtag alone would be [used] to categorize an online discussion. For the most part, when the hashtag is being used in a Twitter discussion or on Instagram…, it’s not a trademark use.”

However, Shovein also said that there may be some situations in which hashtags can be protected as trademarks. “If a client is promoting a product and a hashtag is appearing in conjunction with that, ‘you’re going to [want to] clear them. You want to make sure you’re not infringing on your competitors’ marks.’”

Shovein focuses her practice on the procurement and enforcement of trademark rights. Hope`s work encompasses trademark clearance and prosecution, managing domestic and international trademark portfolios, drafting and negotiating agreements, preparing and responding to cease and desist letters, and representing clients in opposition and cancellation proceedings before the Trademark Trial and Appeal Board, as well as litigation.

Brooks Kushman Senior Attorney Discusses Hashtag Trademarks in Michigan Lawyers Weekly

Brooks Kushman Senior Attorney Hope Shovein was featured in Michigan Lawyers Weekly’s February 5, 2016 article, “Intellectual property law is hashing things out.”

The article discusses whether hashtags can be protected as trademarks, as well as how companies can ensure they are not infringing on competitor trademarks when using hashtags.

According to Shovein, “a hashtag alone would be [used] to categorize an online discussion. For the most part, when the hashtag is being used in a Twitter discussion or on Instagram…, it’s not a trademark use.”

However, Shovein also said that there may be some situations in which hashtags can be protected as trademarks. “If a client is promoting a product and a hashtag is appearing in conjunction with that, ‘you’re going to [want to] clear them. You want to make sure you’re not infringing on your competitors’ marks.’”

Shovein focuses her practice on the procurement and enforcement of trademark rights. Hope`s work encompasses trademark clearance and prosecution, managing domestic and international trademark portfolios, drafting and negotiating agreements, preparing and responding to cease and desist letters, and representing clients in opposition and cancellation proceedings before the Trademark Trial and Appeal Board, as well as litigation.

U.S News & World Report and Best Lawyers Again Rank Brinks Gilson & Lione Highest in Patent, Trademark Law for 2016

ANN ARBOR, MI—Dec. 11, 2015 – Chicago-based Brinks Gilson & Lione, one of the largest intellectual property law firms in the United States, and with offices in Ann Arbor and Detroit, has again been recognized by U.S. News and World Report and Best Lawyers in their “Best Law Firms” rankings for 2016.

The sixth edition of the annual Best Lawyers listing ranks Brinks nationally in its highest level at Tier 1 in the category of Patent Law for the sixth year in a row, and in Trademark Law for the fourth year in a row. Brinks Gilson & Lione also was ranked Tier 2 in Litigation-Intellectual Property and Litigation-Patent nationally, also for the fourth consecutive year.

In the metropolitan rankings, encompassing 185 major U.S. markets, Brinks’ Ann Arbor office achieved a Tier 1 designation for Patent Law, Brinks’ Chicago office is rated Tier 1 in Copyright Law, Litigation-Intellectual Property, Litigation-Patent, Patent Law, and Trademark Law, and Brinks’ office in Research Triangle Park, N.C. earned a Tier 1 ranking for Biotechnology Law and Patent Law.

Thirteen Brinks attorneys were selected by their peers for inclusion in the 2016 edition of The Best Lawyers in America. Three of them—Allen R. Baum, William H. Frankel, and Steven L. Oberholtzer, office managing partner of the Ann Arbor office—also received ”Lawyer of the Year” recognition in their respective practice areas.

To be eligible to participate in the “Best Law Firms” submission process, a firm must have at least one attorney who has received high enough peer-review to be listed in the current edition of Best Lawyers.

The “Best Law Firms” rankings are based on a rigorous evaluation process that includes client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by the law firms themselves. Clients were asked to provide feedback on firm practice groups, addressing expertise, responsiveness, understanding of a business and its needs, cost-effectiveness, civility, and whether they would refer another client to the firm. Peers voted on expertise, responsiveness, integrity, cost-effectiveness, whether they would refer a matter to a firm, and whether they consider a firm a worthy competitor.

The 2016 “Best Law Firms” rankings are available at http://bestlawfirms.usnews.com/.

Brinks Gilson & Lione
The attorneys, scientific advisors and patent agents at Brinks Gilson & Lione focus their practice in the field of intellectual property. Brinks is one of the largest intellectual property law firms in the U.S. Clients around the world use Brinks to help them protect and enforce their intellectual property rights. Brinks lawyers provide counseling in all aspects of patent, trademark, unfair competition, trade secret and copyright law. More information is at www.brinksgilson.com.

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As the big game approaches, Brinks Gilson & Lione attorneys pit the University of Michigan against Michigan State University in trademark wars

ANN ARBOR –Oct. 12, 2015 -While the winner of the highly anticipated gridiron match-up between the University of Michigan and Michigan State University on Saturday, Oct. 17 remains to be determined, there is a clear victor off the field when it comes to school trademarks, according to Michael Spink, a shareholder in the Ann Arbor office of intellectual property law firm Brinks Gilson & Lione. Spink and his colleague, Briana Emerson, an associate at Brinks, researched each school’s registered trademarks in a study earlier this year that analyzed the trend among universities of registering unusual trademarks that are often related to athletics.

“In the rivalry between Michigan State University and the University of Michigan, U of M is the clear winner in the trademark competition,” Spink said. “MSU has 17 live registrations (including the block S and Spartan helmet), 6 pending registrations, and 8 unregistered trademarks; while U of M has 54 live registrations (including the block M and a word mark for the BIG HOUSE), 12 pending registrations, and 16 non-registered trademarks.”

Emerson notes the University of Michigan has trademarks that incorporate the names of its school colors, including “MAIZE RAGE” (US Reg. No. 2683625) and “M GO BLUE” (US Reg. No. 2781716) for both collegiate athletic exhibitions and games. She also offers some other interesting tidbits on the intellectual property and social media happenings of both Big 10 schools:

  • In June 2015, MSU signed Atlanta based Collegiate Licensing Company (CLC) as its licensing agent. Until June, MSU had been “one of the nation’s largest remaining independent licensing programs,” according to a press release on the CLC website. CLC represents nearly 200 collegiate institutions nationwide, including the University of Michigan.
  • The CLC website lists U of M’s royalty rate as 12% while MSU’s royalty rate is 10%
  • In published university financial documents, MSU lists its athletic licensing and royalty revenue from June 2013 to July 2014 as $1,762,160, while U of M lists its athletic licensing and royalty revenue as $7,487,000 for the same time period
  • According to a hashtag search on Instagram, #harbaugh has been used 15,412 times as of Sept 29, while #dantonio has been used 1,133 times. Harbaugh’s dominance could be skewed because of his time coaching professional football.

Amid all the competition, Spink, who blogs and tweets about unusual trademarks @funkymarks, said that the universities in Michigan have not ventured too far into the field of registering non-traditional trademarks. In contrast, he notes that many other universities have.

“For example, the University of Arkansas’ famous ‘hog call’, a distinctive crowd cheering ‘”Woooooooo. Pig. Sooie! Woooooooo. Pig. Sooie! Woooooooo. Pig. Sooie! Razorbacks!”’ was registered in 2014 with the trademark office,” Spink said. “In overcoming an initial rejection, the University submitted a substitute specimen, along with evidence of continuous and exclusive use for at least 5 years preceding the application, in order to obtain the trademark registration. Our universities’ mutual rival, Ohio State, has registered the silhouette of four people using their arms to spell O-H-I-O, a longstanding tradition of alumni and students.”

Spink and Emerson hold degrees from the University of Michigan (Go Blue!) and Michigan State University (Go Green!) respectively. To view their original report from March 2015 on the trend towards trademarking school colors and other college athletic signs and symbols, visit the Brinks website.

Brinks Gilson & Lione
The attorneys, scientific advisors and patent agents at Brinks Gilson & Lione focus their practice in the field of intellectual property, making Brinks one of the largest intellectual property law firms in the U.S. Clients around the world rely on Brinks to help them protect and enforce their intellectual property rights. Brinks attorneys provide counseling in all aspects of patent, trademark, unfair competition, trade secret and copyright law. More information is available at www.brinksgilson.com.

Brooks Kushman Congratulates Six New Shareholders

Southfield, Mich. – Brooks Kushman is pleased to announce that Erin Bowles, Molly Crandall, Brian Doughty, John Rondini, Christopher Smith, and Martin Sultana have all been promoted to Shareholders of the firm.

Erin Bowles focuses her practice on domestic and foreign patent prosecution. Her practice also includes patentability investigations, infringement and right-to-use analysis and IP transactions and licensing agreements, trademark, trade dress, and copyright issues.

Molly Crandall focuses her practice on trademark clearance, prosecution, enforcement, litigation and licensing matters to help her client’s develop and protect their brands. As part of her practice, she negotiates and prepares IP-related agreements, such as license agreements, co-existence and settlement agreements, and confidentiality, non-disclosure, and trade secret agreements.

Brian Doughty focuses his practice on intellectual property litigation, with a primary emphasis on patent litigation. He has also been involved in patent prosecution and opinion work, especially where his expertise with chemical technologies is needed.

John Rondini concentrates his practice on intellectual property litigation with a primary emphasis on patent litigation, patentability opinions, and infringement investigation. John also has extensive experience in the preparation and prosecution of patent applications in the electrical and electro-mechanical arts.

Christopher Smith concentrates his practice on intellectual property litigation, with a primary emphasis on patent litigation. Additionally, Chris is involved with the prosecution of patent and trademark applications, and the preparation of invalidity and infringement opinions.

Martin Sultana concentrates his practice on domestic and foreign patent prosecution. Martin’s practice extends beyond traditional patent prosecution and includes the preparation of clearance, validity, and infringement opinions.

“Each of these new shareholders has played a vital role in the growth of our firm in recent years,” said Mark Cantor, president of Brooks Kushman. “As shareholders, I am confident that they will continue to improve the firm, and help us maintain the excellent level of service we provide to each of our clients.”

About Brooks Kushman P.C.
Brooks Kushman P.C. is a leading intellectual property (IP) and technology law firm with offices in Michigan and California, and represents clients nationally and internationally with respect to protection, enforcement and monetization of IP, including patents, trademarks, copyrights and trade secrets. The firm has more than 90 intellectual property professionals specializing in various technical disciplines, and has a reputation for providing leading IP counseling with a focus on the business objectives of their clients.

Brooks Kushman counts a number of Fortune 100 companies across a variety of industries among its clients. The firm is also recognized by leading legal publications and rankings, including Corporate Counsel magazine, U.S. News & World Report, Law360, Intellectual Asset Management, Managing Intellectual Property, and Intellectual Property Today. For more information, please visit www.BrooksKushman.com.

Brooks Kushman Recognized by U.S. News & World Report as a 2014 “Best Law Firm”; Five Shareholders Named as “Best Lawyers”

SOUTHFIELD, Mich. – Intellectual property (IP) and technology law firm, Brooks Kushman, is proud to announce their inclusion in the 2015 edition of “U.S. News and World Report – Best Lawyers’” list of Best Law Firms.

Brooks Kushman holds a national tier one ranking in patent and IP litigation, patent law and trademark law in metro Detroit. Nationally, it holds a tier two ranking for trademark law and a tier three ranking in patent law.

In addition to the firm’s inclusion, five Brooks Kushman attorneys were recognized as 2015 “Best Lawyers in America.” President Mark Cantor and Shareholder Frank Angileri have been recognized as Best Lawyers since 2009 and 2007 respectively. Both are named in the practice areas of IP litigation, patent litigation, patent law and trademark law. For the first year, attorneys Marc Lorelli and John LeRoy were listed in the area of IP litigation, while Elizabeth Janda was listed in the area of trademark law.

“Best Lawyers” is the oldest peer-review publication in the legal profession. It’s considered a significant honor to be ranked. The listings are published in 70 countries worldwide, and the last edition of “Best Lawyers” included 52,488 attorneys in 137 different practice areas.

The “Best Law Firms” rankings are based on a rigorous evaluation process including reviews from clients, peers, and other law firms. Clients rank the firms in terms of practice groups, addressing expertise, responsiveness, understanding of a business and its needs, cost-effectiveness, civility and whether they’d refer another client to the firm. In order to be considered a “Best Law Firm,” the firm in question must have at least one attorney who is considered a “Best Lawyer.”

About Brooks Kushman P.C.
Brooks Kushman P.C. is a leading intellectual property (IP) and technology law firm with offices in Michigan and California, and represents clients nationally and internationally with respect to protection, enforcement and monetization of IP, including patents, trademarks, copyrights and trade secrets. The firm has more than 90 intellectual property professionals specializing in various technical disciplines, and has a reputation for providing leading IP counseling with a focus on the business objectives of their clients.

Brooks Kushman counts a number of Fortune 100 companies across a variety of industries among its clients. The firm is also recognized by leading legal publications and rankings, including Corporate Counsel magazine, U.S. News & World Report, Law360, Intellectual Asset Management, Managing Intellectual Property, and Intellectual Property Today. For more information, please visit www.BrooksKushman.com.

International Trademark Attorney Mary Squyres of Brinks Gilson & Lione to Speak in Detroit at Discover Global Markets on IP Protection for Exporters

CHICAGO—Brinks Gilson & Lione shareholder Mary M. Squyres, a trademark attorney specializing in international trademark matters, will be a featured speaker at the United States Commercial Service seminar “Discover Global Markets: Free Trade Agreements,” to be held September 9-10, 2014 at The Westin Book Cadillac Hotel in Detroit.

Squyres will present “Protecting Your Intellectual Property as You Expand into Global Markets” on September 9. She will outline new risks and precautions to protect companies’ time and investment in exporting overseas, and will discuss how free trade agreements work within different regulating authorities to protect intellectual property rights.

Squyres is a 30-year veteran in international trademark matters; she chairs the international trademark practice at Brinks, one of the largest intellectual property law firms in the nation. Squyres has deep experience with international trademark litigation, licensing and prosecution, including developing international filing strategies, negotiating worldwide mutual co-existence agreements, and adopting effective enforcement strategies to defend her clients’ marks and prevent infringements. She works with leading clients in transportation, consumer retail, the food industry, and in academia, and has managed numerous trademark actions in more than a dozen jurisdictions in Europe, Asia and the Middle East.

The Discover Global Markets seminar is part of the Business Forum Series from the U.S. Department of Commerce, and offers participants opportunities to identify and gain access to emerging markets, and obtain tools, government contacts, and government resources to compete successfully. More information is at www.export.gov/michigan/discoverglobalmarkets.

Brinks Gilson & Lione
Brinks Gilson & Lione has 160 attorneys, scientific advisors and patent agents who specialize in intellectual property, making it one of the largest intellectual property law firms in the U.S. Clients around the world use Brinks to help them identify, protect, manage and enforce their intellectual property. Brinks lawyers provide expertise in all aspects of patent, trademark, unfair competition, trade secret and copyright law. The Brinks team includes lawyers with advanced degrees in all fields of technology and science. Based in Chicago, Brinks has offices in Washington, D.C., Research Triangle Park, N.C., Ann Arbor, Detroit, Salt Lake City and Indianapolis. More information is at www.brinksgilson.com.

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