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Purvi Patel in Dallas Business Journal Law Quarterly: Copyright, trademark issues also at play with ease of Internet

The explosion of the Internet and social media like Facebook and Twitter has triggered a new wave of legal issues as advertisers and businesses fight to protect their trademarks, drive customers to their websites and prevent competitors from diverting traffic...One troublesome area arises when a company purchases a competitor’s trademark as a keyword for advertising through Internet search engines, which can be done to misdirect traffic, said Purvi Patel, a partner who specializes in trademark and copyright law with Haynes and Boone in Dallas. >>

Purvi Patel in the Dallas Business Journal: BSA On The Offensive In Trademark Case

Irving-based Boy Scouts of America is battling a discount card company that the organization says is creating the false impression that it is affiliated with scouting. The Scouts filed a lawsuit on May 4 in U.S. District Court in Dallas against Salt Lake Citybased Access Development Corp. >>

World Trademark Review Touts Strength Of Haynes and Boone Trademark Practice

DALLAS – The Trademark Practice of Haynes and Boone, LLP has been recognized as the highest-ranking full-service firm in Texas in the WTR 1000 – The Definitive Guide to Trademark Legal Services, World Trademark Review’s inaugural listing of the world’s leading trademark practices.

Haynes and Boone “wins the greatest admiration” and was most notable among the state’s myriad full-service firms.  Singled out were Partner Jeff Becker as a top Band 1 “seasoned trademark professional” and Partner Purvi Patel for her “sophisticated brand management skills.” >>



Recent Publications

.XXX Domain Registry Begins Accepting Opt-Out Applications

Beginning today, September 7, 2011, owners of registered trademarks can file applications to block third parties from registering adult-oriented .XXX domains that contain their marks. This “Sunrise” period runs through October 28, 2011. >>

.XXX Marks the Spot? Trademark Owners Can Block the Use of Their Marks in .XXX Domains

First proposed more than a decade ago, .XXX top-level domains have now been approved and will be launching shortly. The domains are intended for use by the adult entertainment industry, but for trademark owners in other industries, the potential association of their valuable brands with .XXX domains could have serious consequences. >>



Purvi J. Patel

Partner

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5917
F +1 214.200.0812

Areas of Practice

Education

  • J.D., Emory University, 1998, Managing Editor, Emory International Law Review
  • Course Work, European Union Law, July 1996, Dickinson School of Law - Penn State
  • B.A., Emory University, 1995, summa cum laude

Bar Admissions

  • Texas

Court Admissions

  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Eastern District of Texas

Languages

  • English
  • French
  • Gujarati (an Indian dialect)

As chair of Haynes and Boone’s Trademark Practice Group, Purvi Patel focuses on brand management, including domestic and international trademark portfolio protection and enforcement, and has extensive experience with trade dress and copyright counseling, IP licensing and cybersquatting and Internet issues. She counsels Fortune 500 companies and high growth ventures on the protection of their valuable brand investments and in 2011 was singled out by World Trademark Review for her "sophisticated brand management skills." Purvi recently spent four months as acting trademark counsel for a leading global Internet retailer.

Her primary practice focus includes:

  • Conducting domestic and foreign trademark and trade name clearance for established and emerging companies.

  • Counseling clients regarding product and packaging design protection and clearance, including for footwear, jewelry, furniture, and household products.

  • Recovering trademark domain names through Uniform Dispute Resolution Proceedings (UDRP).

  • Counseling clients regarding on-line privacy issues, sweepstakes issues, advertising issues, and website policies.

  • Maintaining and enforcing client trademark rights through opposition and cancellation proceedings with the U.S. Trademark Trial & Appeal Board.

  • Various trademark infringement suits, including trade dress infringement and domain name disputes under the U.S. Anti-Cybersquatting Act (ACPA).

  • Various copyright infringement suits, in areas including jewelry design and software end-user copying matters.

  • Maintaining and enforcing domestic intellectual property rights through record of intellectual property with the U.S. Customs Bureau.

Purvi was the sole trademark lawyer selected by Law360 as a "rising star: one of 10 IP attorneys under 40 to watch," in 2010 and has also been named a Texas Super Lawyer by Texas Monthly (2004) and one of "The best lawyers under 40 in Dallas" by D Magazine (2006).

Purvi is active with the International Trademark Association (INTA) and chairs the Young Practitioners Committee. She has served on the INTA Trademark Reporter Editorial Board and as an editor of the Annual International Trademark Review.

Notable Experience

  • Spent several months as acting trademark counsel for a leading global Internet retailer.
  • Secured trademark protection and successfully handled enforcement on behalf of local celebrity chefs.
  • Counseled the City of Lubbock regarding its rights to use the BUDDY HOLLY name.
  • Managed and handled an expedited multi-country and multi-continent trademark clearance and filing initiative for more than fifty trademarks on behalf of a life sciences company.
  • Successfully handled dozens of TTAB proceedings and domain name disputes on behalf of three Fortune 10 companies.
  • Successfully handled multiple counterfeit seizure actions on behalf of several clients with U.S. Customs and Border Protection, including Commercial Metals Company.
  • Developed company-wide copyright compliance program, training materials, and related agreements for a global communications company. 

Publications and Speeches

  • "Trade Dress Protection and Enforcement: A U.S. Perspective," Korean Intellectual Property Association (KINPA) Annual Meeting, November 2011.
  • "Technology Law & Licensing Apps," State Bar of Texas, 2011 Texas Minority Counsel Program Annual Meeting, September 8, 2011.
  • "Global Traps and Opportunities: Business and Legal Issues in International Sales and Sourcing," TechLaw Fall CLE Conference, October 8, 2010.
  • "United States Patent and Trademark Office Rules on Deposing Non-U.S. Resident Executives in Trademark Proceedings," Lexology, April 14, 2010.
  • "Enlightened Foreign Trademark Searching," INTA Roundtable Discussion, September 18, 2008.
  • "Fraud: The 'F' Word Trademark Owners Should Avoid," Texas Bar IP Law Section Newsletter, Summer 2008.
  • "Global Aspects of Intellectual Property: What Businesses and Non-IP Attorneys Need to Know About Trademarks," Dallas Bar Association International Law Section, June 17, 2008. 
  • "Websites and Terms of Use: Latest Cases and Hot Issues," Center for American and International Law – Institute of Law and Technology, June 5, 2008.
  • "Avoiding Fraud on the U.S. Trademark Office," Dallas-Fort Worth Intellectual Property Law Association, May 10, 2008. 
  • "Domain Name Abuse – A Global Menace," Inter-Pacific Bar Association Journal, March 2008.
  • "Brand Protection in Cyberspace: Recent Challenges," Texas Minority Counsel Program, September 5, 2007.
  • "Advanced TTAB (Trademark Trial and Appeal Board) Practice and Procedure," INTA Roundtable Discussion, July 20, 2007.
  • "Global Brand Protection Strategies for the Entertainment Industry," State Bar of Texas 15th Annual Entertainment Law Institute, October 21, 2005.

Professional and Community Activities

  • International Trademark Association (INTA)
    • Chair of the Young Practitioner's Committee
    • Membership Committee, (2006-present)
  • State Bar of Texas Intellectual Property Law Section
    • Trademark and Legislation Committee
  • State Bar of Texas Minority Counsel Program Steering Committee (2003-2005; 2007)
  • National and Dallas Asian American Bar Association
  • BIG Thought, Board of Directors
  • Leadership Arts Class of 2008
    • Events Committee, Co-Chair
    • Steering Committee
  • Dallas Symphony Association, Board of Governors

Selected Representative Experience


Buddy Holly Trademark
Counseled the City of Lubbock regarding its rights to use the BUDDY HOLLY name.

Copyright Compliance and Training Program
Developed company-wide copyright compliance program, training materials, and related agreements for a global communications company.

International Trademark Clearance and Filing Initiative
Managed and handled an expedited multi-country and multi-continent trademark clearance and filing initiative for more than fifty trademarks on behalf of a life sciences company.

Product Clearance - Retail
Our client wished to launch a new footwear item in a highly competitive space. One of the industry leaders in this space had recently filed many lawsuits against third parties due to what it perceived as infringement of its patent and trade dress rights. We worked very closely – nearly every day for approximately seven months – with our client, including its legal, product design, and buying teams. We cleared a footwear design that was viable from both legal and marketing perspectives. Haynes and Boone also ultimately issued trade dress and design patent clearance and opinion letters to the client in connection with this review.

Online Publications

09/07/2011 - .XXX Domain Registry Begins Accepting Opt-Out Applications
Beginning today, September 7, 2011, owners of registered trademarks can file applications to block third parties from registering adult-oriented .XXX domains that contain their marks. This “Sunrise” period runs through October 28, 2011.

08/16/2011 - .XXX Marks the Spot? Trademark Owners Can Block the Use of Their Marks in .XXX Domains

06/16/2011 - .XXX Marks the Spot? Trademark Owners Can Block the Use of Their Marks in .XXX Domains
First proposed more than a decade ago, .XXX top-level domains have now been approved and will be launching shortly. The domains are intended for use by the adult entertainment industry, but for trademark owners in other industries, the potential association of their valuable brands with .XXX domains could have serious consequences.

05/09/2011 - The IP Beacon, May 2011
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

12/17/2010 - FLASH - Supreme Court Does Not Answer Copyright Exhaustion Question in Costco
Earlier this week, the U.S. Supreme Court issued a split decision and failed to resolve whether copyrighted materials legally made abroad can be imported into the U.S. and sold without the express permission of the copyright owner.

05/07/2010 - The IP Beacon, May 2010
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

04/02/2010 - United States Patent and Trademark Office Rules on Deposing Non-U.S. Resident Executives in Trademark Proceedings
A recent ruling should provide some comfort for non-U.S. companies involved in U.S. trademark oppositions or cancellations. The United States Patent and Trademark Office (USPTO) has clarified that companies with no U.S. operations cannot easily be forced to travel to the U.S. for oral depositions.

03/25/2010 - Google AdWords Decision Issued by the European Court of Justice
The European Court of Justice ruled this week that Google did not infringe trademark rights by letting advertisers purchase keywords corresponding to their competitors’ trademarks in Google’s AdWords program.

02/02/2010 - Another Detour? Steer Internet Traffic to Your Sites by Registering .CO Domains
In what may be a new opportunity for cybersquatters, the Colombian .CO registry will soon allow for registration of domain names ending in simply .CO. Such domain names may be a prime platform for social networking sites and brand owners. As the registry explains, the acronym .CO can be associated with terms that include company, corporation, commerce, communities, content, connect, communication, collaborate, and consumers.

06/10/2009 - Submit Your Trademarks to Facebook to Prevent Infringement
Facebook announced yesterday significant policies that can impact brand owners' online presence. Starting this Saturday, June 13, 2009, Facebook will allow individuals to register usernames that will direct to personalized Facebook URLs.

03/31/2009 - Hot Branding News, Spring 2009
"Hot Branding News" is a quarterly newsletter highlighting current issues and updates prepared by the lawyers in the Franchise and Distribution Group of Haynes and Boone.

09/08/2008 - The IP Beacon
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

07/01/2008 - Fraud: The 'F' Word Trademark Owners Should Avoid
As seen in the State Bar of Texas Intellectual Property Law Section Newsletter, Summer 2008 pp. 12-15

02/11/2008 - Fraud: The 'F' Word Trademark Owners Should Avoid
As seen in IPLaw360, February 11, 2008.

07/11/2005 - Recent Developments in Trademark Law

08/01/2004 - Recent Trademark Challenges in Cyberspace...
The relatively recent legal doctrines of “initial interest confusion” and “nominative fair use” have become the dominant buzz words for defining the scope of permissible trademark use on the Internet, especially in the on-line advertising context.

09/26/2003 - Trademarks for Services Finally Registrable in India

03/04/2003 - Owners of Famous Trademarks Must Prove "Actual Dilution" in Federal Trademark Dilution Act Claims
 

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