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 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.

Brooks Kushman & Clark Hill Attorneys to Host

Troy, MI – Brooks Kushman attorneys Timothy B. Clise, Thomas Lewry, and Hope Shovein along with Clark Hill attorneys Ellen E. Hoeppner and James R. Waggoner, will present at an Automation Alley Entrepreneur Law Seminar on October 29, 2015. The seminar will provide an overview of common legal issues entrepreneurs typically face as they start and grow their business. The seminar will focus on the legal “Dos” and “Don’ts” to help small businesses and start-ups protect their investments and innovations, including discussions on legal entity formation and governance, contracts, trademarks, patents, licensing agreements, and employment law compliance.

Automation Alley is a technology business association and business accelerator dedicated to growing the economy of Southeast Michigan and enhancing the region’s reputation around the world. Automation Alley offers talent and business development programs and matchmaking services to tech-focused businesses of all sizes — from startups to large corporations — to help them grow and prosper.

Clise’s practice at Brooks Kushman focuses on domestic and international patent 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.

Lewry has more than 30 years of intellectual property (IP) litigation experience, focusing on a variety of IP matters including patents, trademarks, copyrights and trade secrets. He has been the driving force behind the firm’s adoption of innovative technology in the courtroom and for delivery of client information. In addition to his practice, Lewry is an adjunct professor at Wayne State University’s Law School and a visiting scholar at the University of Michigan.

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 she represents clients in domain name disputes.

To register for the event please contact kcarlsen@brookskushman.com or ssalvadero@clarkhill.com

About Brooks Kushman P.C.
Brooks Kushman 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 visitwww.BrooksKushman.com.