Find Lawyers in Seattle, Washington for Trademark Law
Practice Area Overview
A mark is deemed protectable if it is distinctive, meaning that it is capable of identifying the source of a particular good. In determining whether a mark is distinctive, trademark law uses four separate classifications based on the relationship between the mark and the associated product: (1) arbitrary or fanciful (marks such as KODAK® and APPLE® that bear no inherent relationship to their associated products); (2) suggestive (marks such as COPPERTONE® that evoke a characteristic of the associated products); (3) descriptive (marks such as HOLIDAY INN® that directly describe a characteristic or feature of the associated products); or (4) generic (terms that describe the general category of the associated products, e.g., “phone,” “keyboard,” etc.). The first two categories of marks are protectable without proof that they have acquired distinctiveness in the minds of consumers, while descriptive marks require evidence that the consuming public has come to associate the term with its specific source. Generic terms are never protectable as trademarks, as they are necessary for general identification of a particular product category.
Once a trademark owner has acquired protectable rights in a mark, it may enforce its rights by preventing the use and/or registration of all subsequent infringing marks. The standard for infringement in the United States is “likelihood of confusion,” which means that consumers viewing the respective marks on their associated products are likely to be confused as to the source of those products or as to the sponsorship or approval of such products. In other words, determining infringement is not as simple as merely comparing the marks to see if they are identical; rather, courts will employ a multifactor test. While the precise factors vary slightly by jurisdiction, courts generally consider the following elements: (1) the strength of the plaintiff’s mark; (2) the relatedness of the goods; (3) the similarity of the marks; (4) evidence of actual confusion; (5) the similarity of marketing channels used; (6) the degree of care exercised by the typical purchaser; (7) the defendant’s intent; and (8) the likelihood of expansion of the product lines.
Protecting and enforcing trademarks is critical to the success of any company. Trademarks allow consumers to distinguish a company’s products and services from those of its competitors, and also serve as indicators of the quality of such products and services. Indeed, many companies’ trademark portfolios constitute the majority of the value of their businesses. Please consult with an experienced trademark lawyer to explore how to best to protect your company’s trademarks.
Frank focuses on patent procurement and patent portfolio strategizing in electrical, software, electro-mechanical engineering and medical device related technologies. In addition, Frank provides services in licensing, diligence exercises, and validity and infringement studies and opinions, as well as related litigation counseling. Frank counsels a range of businesses from established public companies through early and late stage startup businesses.In addition to his years as a patent attorney...
Margie Aoki collaborates with clients to develop strategies to protect their intellectual property, working closely with inventors to craft robust utility and design patent applications that highlight the client's innovations. During examination, Margie encourages open communication with patent examiners to find the most efficient path towards allowance. Margie's experience extends to freedom-to-operate and validity opinions, design-around strategies, and due diligence for portfolio acquisiti...
Pete Becker develops and implements global trademark, copyright, trade secret, and domain name protection, policing, and licensing strategies for clients. He has decades of experience building, maintaining, monetizing, and right-sizing clients’ soft IP portfolios. Pete has cleared global branding runways for large (US$500M+) new product launches by identifying, evaluating, and eliminating trademark obstacles in over 150 jurisdictions. While serving as in-house counsel, he managed one of...
Tim Billick is an intellectual property attorney based in Seattle, Washington. The founder of TBillick Law PLLC, Mr. Billick handles a diverse range of intellectual property disputes involving business litigation, entertainment contracts, information technology, patents and trademarks. A natural problem solver, he serves clients throughout the Seattle metropolitan area and is committed to helping individuals protect their creations. Mr. Billick advises clients on intellectual property subject...
Stephen Bishop focuses his practice on the preparation and prosecution of electrical, software and business method patent applications and the strategic analysis of patent portfolios. He counsels clients on ways to avoid patent infringement, as well as how to respond to allegations that they are infringing a patent. Steve also assists clients in developing corporate intellectual property programs that capture and protect the most valuable assets of the client. While at Amazon.com Inc., Stephe...
Cindy Caditz evaluates trademark availability and registrability, prepares and prosecutes U.S. and foreign trademark applications, and handles domestic and international trademark opposition. Her practice also includes transactional trademark and intellectual property law such as licensing and contractual agreements. She manages substantial portfolios and protects trademarks in administrative and civil litigation. Cindy's proactive counseling, a hallmark of her practice, has resulted in cost ...
Cory Claassen brings over 20 years of patent law experience to his practice, focusing on the preparation and prosecution of U.S. and foreign patents in the electrical, optical, and mechanical fields. Cory’s practice extends to patent infringement and validity opinions, patent portfolio management, and intellectual property strategy and counseling. He provides these services to clients across a diverse array of technologies, including semiconductor devices, electronics, display and imagi...
BACKGROUND Kevin Costanza specializes in mechanical patent prosecution, trademark clearance and registration, and intellectual property licensing. He received a B.S. in Engineering from the University of California at Irvine in 1990, concentrating in mechanical engineering and material sciences. He received his J.D. (cum laude) from Seattle University School of Law in 1995. EXPERIENCE After receiving his bachelor’s degree, Kevin worked as an engineer with the Irvine, California office o...
John Denkenberger is the managing member of COJK, a member of the firm's executive committee, and chair of the litigation practice group. John has successfully litigated patent, trademark, trade secret, and unfair business competition issues in federal and state courts. He has also successfully litigated AIA post-grant challenges, including inter partes review, before the Patent Trial and Appeal Board. In addition to his litigation practice, John also advises clients on foreign and domestic p...
Casey Fitzpatrick, a member at COJK, has extensive experience with patents covering a variety of technologies. He focuses his practice on the preparation and prosecution of patent applications, inter partes review (IPR) proceedings, and patent infringement and invalidity analysis in the context of litigation and opinions of counsel. Casey’s technical expertise covers a wide range of computing technologies, including vehicle computer systems, mapping and navigation, messaging and communi...
Lynne Graybeal is a partner in the firm's Intellectual Property Group and Trademark & Copyright practices. Her practice focuses on trademark and copyright law, Internet and social media issues, licensing and intellectual property-related transactions, and arts and entertainment law. Lynne is currently the co-chair of the firm's Arts, Entertainment & Sports industry group and was a co-chair of the Trademark & Copyright practice, from 2000 - 2012. Lynne has been assisting clients wi...
Trademark law and brand strategist attorney Patchen Haggerty is a partner in the firm’s Trademark, Copyright, Media & Brand Protection practice. Patchen manages global trademark portfolios and trademark enforcement programs for market-leading companies. She also guides clients in the protection, development, commercialization, licensing, assignment and sale of intellectual property rights and assets. Patchen's recent counsel includes advising companies in managing the risks associat...
BACKGROUND Karl Hermanns specializes in chemical-related patent matters, including overall portfolio management and strategy. He graduated with both a B.S. and an M.S. in Chemistry from the University of Washington. He received his J.D. from the University of Colorado School of Law. EXPERIENCE Karl is an adjunct professor at the University of Washington School of Law, co-teaching the patent preparation and prosecution course, and teaches “Intellectual Property for Scientists” thro...
Fran Jagla is the chair of the firm's trademark practice group, a member of the firm's executive committee, and the executive member of the firm's DEI Council. Fran advises clients across a wide range of industries, from Fortune 100 companies to startups, in all areas of trademark law. Fran focuses her practice in assisting clients with both U.S. and foreign trademark matters, including name development, search, clearance, filing, registration, maintenance, licensing, and due diligence, as we...
Dr. Rhys Lawson focuses his practice on creating patent portfolios to obtain integrated worldwide protection for his clients' inventions. Rhys works with a variety of clients, ranging in size from independent inventors and early-stage entrepreneurs to multinational corporations, universities and non-governmental organizations. Rhys is the head of the firm's life sciences practice group and a member of the mechanical engineering practice group. His areas of particular technical expertise are b...
BACKGROUND Shoko specializes in U.S. and foreign patent procurement in a variety of fields including optical, electrical, mechanical, and software technologies. In addition, she provides clients with patent infringement and validity opinions, due diligence reviews, trademark procurement, and general intellectual property law counseling and strategic portfolio management. Shoko received a B.S. in Physics from the University of Washington (1998) and a B.A. in Political Science and Economics fro...
BACKGROUND Lorraine received a B.S. in Aeronautical and Astronautical Engineering from the University of Washington and her J.D. from the University of Washington School of Law. EXPERIENCE Lorraine specializes in domestic and foreign patent protection in the mechanical and aeronautical fields. She assists clients in both utility and design patent procurement and enforcement, strategic planning, patentability, validity and infringement opinions, and conflict resolution. Lorraine has worked wit...
BACKGROUND Kevan focuses on U.S. and foreign patent protection for electrical engineering and computer software technologies, including agreements, licensing, and strategic portfolio management. He received a B.S. ( magna cum laude ) with departmental honors in Electrical Engineering from the Utah State University (1993), and a B.A. in Liberal Arts and Sciences from Utah State University (1993), with minors in History and Portuguese. Kevan holds a J.D. from the University of Washington School...
Jerry Nagae's practice spans over four decades, encompassing all aspects of intellectual property law providing vital counsel to clients on patents, trademarks, copyrights, IP transactions, and litigation. Jerry supports a wide range of clients in various fields such as automotive, consumer goods, sporting goods, food processing, video and audio hardware and software development, robotics, automated warehouses, airport ground support equipment, and semiconductor processing and packaging. With...
Chun Ng is a partner in the Intellectual Property practice based in both Seattle and Taipei. Chun’s practice involves providing strategic intellectual property counseling, patent diligence and enforcement, and litigation support to some of the most innovative companies in the world. His clients include HTC Corp., Monolithic Power Systems Inc., Intel, Microsoft Corporation, TriQuint Semiconductor Inc., and Lattice Semiconductor Corporation. For these companies and others, he has handled ...
BACKGROUND Russ specializes in trademark and technology law, including strategic trademark and copyright counseling, internet policy, unfair competition, domain name strategy and disputes, trademark prosecution and maintenance, licensing, enforcement and litigation. He received his AB in Psychology from Stanford University and his JD from the University of California, Hastings College of the Law. EXPERIENCE Russ has been an intellectual property attorney for over 20 years with 14 years of in-...
Paul Parker focuses his practice on semiconductor technologies and emerging medical device companies. In the semiconductor industry, Paul has extensive experience in general semiconductor and LED fabrication and process patents (CMP, CVD, ALD, lithography, and electrochemical deposition/polishing, etc.); probing/testing technologies (scatterometry, overlay measurements, photoluminescence, probe cards, test jigs, etc.); semiconductor structures and integration flows; semiconductor device and C...
George Renzoni represents a variety of clients in all phases of patent law, focusing his practice on the procurement of U.S. and foreign patents, patent portfolio strategy and development, technology licensing, and due diligence investigations, as well as providing opinions of patentability, infringement, validity, and freedom-to-practice. George has also provided expert opinions and expert testimony in patent disputes. George has procured patents in a wide range of technologies, including ph...
David Sheldon serves as head of COJK's patent practice group. His strong background in computer science and technical experience in software engineering help him assist his software industry clients with patent drafting, prosecution, and counseling. David's patent experience includes working with technologies such as machine learning, augmented/virtual reality, control systems, encryption, wireless communication, information search and retrieval, and compiler optimization. David also advises ...
Grace Han Stanton is a member of the firm's Intellectual Property practice and Chair of the Trademark & Copyright practice. She counsels clients from emerging companies to FORTUNE 500 and other public companies in a wide variety of industries, ranging from wineries and breweries to integrated circuit manufacturers and software companies. Grace advises clients regarding trademark and brand clearance, selection, prosecution, registration, protection and licensing, copyright protection, regi...
John Wechkin focuses his practice on strategic patent preparation, prosecution and associated counseling over a wide range of technologies, with concentrations in semiconductor and LED processing, cleantech, aerospace, medical devices and other mechanical technologies. John counsels clients on domestic and international patent portfolio planning, portfolio analysis, and patent evaluations, including patent infringement and validity analyses. His practice also includes litigation support, lice...
John Whitaker is a litigator who counsels clients on the protection and enforcement of intellectual property rights, including patents, copyrights, trademarks, and trade secrets. John has served as trial counsel in several cases involving various technologies and forms of intellectual property rights. He routinely represents technology clients in the software, medical device, and telecommunications industries, and he also helps artists and authors to protect their original works. John has rep...
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