USA Trade Secrets 2024

Nelson, Mullins, Riley & Scarborough

Firm overview:

Full-service Nelson, Mullins, Riley & Scarborough extends over 30 locations in the US and assists clients with all aspects of trademark prosecution and litigation. The practice brings a business-focused approach to a diverse pool of clients, managing portfolios of Fortune 500 companies and working with small startups with one or two trademarks. The prosecution practice manages registrations and filings both in the US and worldwide.

With its network of global associates, Nelson Mullins is able to cooperate with foreign counsel on international opposition and enforcement matters. The team litigates before the United States Patent and Trademark Office, federal and state courts and manages international cases, including supervising counsel before the Tribunal de Grande in Paris.

Team overview:

Partner John McElwaine is widely acclaimed in the industry and focuses his practice in IP, internet, domain name and tech litigation. He has authored many articles on trademark issues and other IP topics and been involved with federal and state proceedings, as well as actions before the Trademark Trial and Appeal Board.

Key matters:

  • Nelson Mullins represented a multimillion-dollar brand after its trademark application had been rejected by the Trademark Office and prior counsel had advised abandoning the application. Nelson Mullins successfully obtained the registration and litigated in trademark proceedings on behalf of the client in the US, Europe and Taiwan.
  • Nelson Mullins represents the University of South Carolina against ‘The Spurs Up Show’, a University of Carolina focused but unaffiliated sports podcast boasting “The best Gamecocks coverage on the internet”, which registered the mark ‘Beamer Ball’.

Clients: