Michael McArthur

Practices

Education and Clerkships

J.D., Vanderbilt University Law School, 2014,

Managing Editor, Vanderbilt Law Review

B.S.E., Mechanical Engineering, Duke University, 2010

  • Judicial Intern to the Honorable Judge A. Joe Fish, U.S. District Court for the Northern District of Texas, Summer 2012
  • Judicial Intern to the Honorable Judge Reed O'Connor, U.S. District Court for the Northern District of Texas, Summer 2012

Admissions

Texas, 2014

Profile

Mike McArthur is an associate in the Intellectual Property Practice Group. His practice focuses on all aspects of trademark law, including brand management, clearance and prosecution, and global enforcement. His experience includes representations of clients of all sizes, ranging from individual entrepreneurs and emerging startups to Fortune 500 multinational corporations.

In particular, Mike regularly investigates, analyzes, and opines on the availability of potential marks, drafts and prosecutes trademark applications through to registration, addresses intellectual property violations across social media, negotiates settlement and coexistence agreements, and manages Uniform Domain Name Dispute Resolution Policy (UDRP) proceedings, and trademark opposition and cancellation proceedings. Additionally, he has experience representing both rights holders and purported infringers in numerous cases involving seized or detained shipments by U.S. Customs and Border Protection.

Before joining the firm, Mike studied at Vanderbilt Law School where he was a John W. Wade Scholar and a Managing Editor on the Vanderbilt Law Review. Mike also spent a summer during law school as a judicial intern to the Honorable A. Joe Fish of the U.S. District Court for the Northern District of Texas and to the Honorable Reed O’Connor of the U.S. District Court for the Northern District of Texas.

Professional and Community Activities

  • International Trademark Association, Pro Bono Committee Member

Intellectual Property

courthouse

U.S. Federal Courts Now Must Be Bound by TTAB Decisions to a Greater Extent

In a monumental decision, the United States Supreme Court ruled that Trademark Trial and Appeal Board (“TTAB”) decisions carry preclusive effect in subsequent federal district court decisions so long as the ordinary elements of issue preclusion are met. The ruling implicates that, where use is the “paramount” issue in a court case, a TTAB decision that at least peripherally contemplates marketplace use will have preclusive effect. Moreover, the Court’s ruling expands the significance of TTAB proceedings, and likely will raise the costs of such administrative proceedings as a whole.

Trademarks

IP

Supreme Court Favors Juries Over Judges in Deciding Consumer Perspective Trademark Issue

The U.S. Supreme Court unanimously decreed that the jury, not the judge, should decide whether two trademarks used by a brand owner may be tacked (considered to impart the same impression) in a priority dispute. This is the first substantive trademark case reviewed by the Court in a decade, but will the decision immediately and substantially impact trademark practice?

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