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Capabilities / Trademarks & Copyrights

Trademarks & Copyrights

Protecting assets worldwide.

Husch Blackwell counsels clients on the strategic use of trademarks, service marks, copyrights, trade dress, and product and packaging configurations. Our law firm's trademark team has helped register thousands of trademarks worldwide for clients such as Naturalizer, Famous Footwear, Sunbeam, Build-A-Bear Workshop, and Conagra. We also actively manage domestic and global trademark portfolios and provide surveillance of marks in the United States and abroad.

Our firm's trademark law team develops corporate and brand identity programs for startups, as well as for companies that are rebranding or entering new markets. We offer intellectual property audits designed to identify trademark protection opportunities, as well as licensing services. Our trademark and copyright law team also develops innovative litigation strategies to enforce, defend, and advance clients’ intellectual property interests.

Representative Experience

  • Represented the American Society of Composers, Authors and Publishers (ASCAP) and the Recording Industry Association of America in several copyright infringement matters.
  • Obtained a favorable settlement on behalf of an agricultural seed coating company in a trademark infringement case.
  • Managed the trademark portfolio for ConAgra Foods Inc., with approximately 4,000 foreign and domestic individual trademark registrations.
  • Managed the trademark portfolio for Lucky Bucket Brewing Co., based in Nebraska.
  • Directed the trademark portfolio for SchillingBridge Winery Microbrewery, based in Nebraska.
  • Managed the trademark portfolio for Sergeant’s Pet Care Products Inc., an international pet product company.
  • Advised sporting goods company in trademark infringement/unfair competition litigation filed in a Wisconsin federal court. Plaintiff alleged client infringed trademark for fishing tackle eye cleaning tools and sought statutory damages in excess of $1 million. Prior to trial, and after the denial of plaintiff’s motion for summary judgment, the case was settled upon terms favorable to client.
  • Represented client in trademark dispute before the Canadian Trade-marks Opposition Board. After receiving evidence, the board ruled in client’s favor and refused the registration of the challenged trademark.
  • Counseled sporting goods company in trademark infringement and unfair competition litigation filed in a Missouri federal court. Matter arose out of defendants’ unauthorized use of trademarks that were confusingly similar to client’s registered mark. Parties ultimately agreed to settle case upon terms favorable to client.
  • Prosecuted a lawsuit on behalf of a trademark owner in the study abroad industry against a competitor over the latter's use of a confusingly similar name. Reached a settlement whereby the competitor agreed to change its name, agreed to the entry of a permanent injunction to keep it from using the similar name and paid damages to client.
  • Defended an Austin, Texas-based high-tech company in a trademark infringement lawsuit filed against it in Boston by Harvard University.
  • Drafted, prosecuted, and obtained patent and trademark applications for U.S.- based and foreign-based companies in the field of medical devices, chemical coatings and compositions, drugs, industrial machinery, controls, industrial parts, packaging, and housewares.
  • Managed the patent and trademark portfolio for many multinational corporations in the consumer products industry.
  • Managed foreign trademark portfolio for multiple brand divisions of Jarden Corp. and represented them in many foreign opposition matters enforcing clients’ rights abroad.
  • Represented several packaging manufacturers, including Nova Packaging Systems Inc., White Systems Inc., and Sencorp Inc., in obtaining patents and trademarks to expand their scope of protection and limit competition. Patent portfolios created to cover not only the clients’ products but also the machinery and methods used to produce such products.
  • Represented a manufacturer of chlorine and sodium hydroxide with various intellectual property matters, including technology licensing and trademark and copyright guidance. In 2010, led a Husch Blackwell team that helped this client negotiate a licensing transaction in which it acquired a key piece of new bleach-production technology, which it is now in the process of rolling out to all of its bleach-production facilities.
  • Managed all intellectual property-related work for one of the largest suppliers of rigid (glass and plastic) packaging in the United States, including utility and design patent prosecution, trademark and copyright guidance, licensing, and infringement matters.
  • Counseled one of the largest automotive lamp manufacturers in the world with all of its intellectual property matters, including utility and design patent prosecution, trademark guidance, and intellectual property infringement matters.
  • Defended bank in a trademark dispute in the United States District Court of Colorado and sought naming rights in front of the Colorado Banking Board. Handled a preliminary injunction hearing and several hearings in front of the Colorado Banking Board. Resulted in a negotiated resolution. 
Articles | October 2019
Trademark Considerations for Startups
Blog | July 30, 2019
TTAB Harshes Vibe
Articles | February-March 2019
Protecting Your Brand: Trademark Considerations for Startups

Husch Blackwell associate Myers Dill outlines key points about trademarks that startups should consider.

Speaking Engagements | June 16, 2022
Speaker, "Fair Use After Google v. Oracle," AIPPI Canada
Webinar | October 2020
Making Your Mark on the World
Webinar | June 30, 2020
Trademark and Copyright Issues in the COVID-19 Era

Issues in Higher Education Webinar Series

Speaking Engagements | October 16, 2018, October 17, 2017, and October 18, 2016
Speaker, "Ask a Lawyer: Copyright and Other Legal Considerations for Artists," Omaha Creative Institute, Omaha, NE
Speaking Engagements | October 2, 2018 and October 11, 2018
Guest Lecturer, "Trademark Law," Creighton Law School, Omaha, NE
News Releases | July 11, 2022
Tom Miller Joins Husch Blackwell's Intellectual Property Group

Veteran intellectual property lawyer Tom Miller has joined Husch Blackwell as a partner in its Milwaukee office and Technology, Manufacturing & Transportation industry group.

Media Mentions | April 30, 2022
INTA: Battling the Backlogs
News Releases | April 01, 2022
Husch Blackwell Adds Two Healthcare Partners to Virtual Office

Husch Blackwell is pleased to announce that Lisa T. Thomas and Bryan Stewart have joined the firm’s Healthcare, Life Sciences & Education industry group as partners.

Media Mentions | October 18, 2021
Missouri Lawyers Media: WJA 2021: Kristine L. Kappel
Media Mentions | October 16, 2019
The Missouri Bar: MoveMakers & NewsMakers 10/16/19
News Releases | August 15, 2019
Husch Blackwell Places 143 Lawyers in 2020 BL Rankings' Best Lawyers in America®

The firm has eight "Lawyers of the Year" and 11 attorneys appearing on the list for the first time.

News Releases | August 15, 2018
Husch Blackwell Places 143 Lawyers in 2019 BL Rankings' Best Lawyers in America®

The Best Lawyers in America® has listed 143 Husch Blackwell attorneys in its 2019 directory. The firm has eight "Lawyers of the Year" and five attorneys appearing on the list for the first time.

Media Mentions | July 01, 2018
INTA Bulletin Committee Spotlight: Impact Studies Committee Hits Its Stride

Caroline Chicoine is mentioned in connection with her work as Vice Chair of INTA’s Impact Studies Committee.