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Brett Heavner

Partner, Finnegan

Brett Heavner is a partner with Finnegan. His practice includes all aspects of trademark and unfair competition law, with a particular emphasis on trademark infringement, counterfeiting, false advertising litigation, and Trademark Trial and Appeal Board (TTAB) litigation.

Brett’s clients include pharmaceutical companies, medical device manufacturers, banking and financial services institutions, major trade associations, food product companies, and petroleum exploration and refining companies. He also handles intellectual property issues, including protecting certification marks, for safety and quality testing organizations.
Having significant experience in all aspects of domestic and foreign trademark protection, Brett assists clients in developing effective worldwide strategies for establishing and enforcing their trademark rights. He regularly counsels clients on issues regarding trademark clearance searching, trademark and copyright licensing, and certification mark programs. He handles trademark matters in U.S. district courts, cancellation and opposition proceedings before the TTAB of the U.S. Patent and Trademark Office (USPTO), and appeal proceedings before the U.S. Court of Appeals for the Federal Circuit.

Brett’s pro bono representation includes coordinating world-wide trademark registration and copyright protection program for Finding Species. Brett has also obtained and executed ex parte searches and seizures of counterfeit goods and copyright infringements in cases involving counterfeit pharmaceuticals, counterfeit pipe couplings, and materials illegally copied through computer hacking.

Brett has been a featured speaker at trademark law seminars for the Danish Patent and Trademark Office, FDANews, Patent and Trademark Institute of Canada, the United Kingdom Intellectual Property Administrators Group, and Licensing Executive Society Chinese Taipei. He has been recognized by The Legal 500 U.S. for copyright litigation, and for trademark prosecution and non-contentious work.

Recent Articles by Brett Heavner

Stopping Cyber-Fakes: A Guide to the SHOP SAFE Act 2020

Online shopping has become a huge part of our everyday lives. In fact, 15% of all 2020 retail sales are projected to take place online. Unfortunately, despite their convenience, e-commerce retail platforms also provide fertile ground for counterfeiters because shoppers cannot physically examine the products being sold and shoppers often cannot identify the ultimate seller.  Worse yet, online counterfeiting is not limited to fake fashion and luxury goods, but more often involves poor quality or tainted products that endanger the health and safety of the purchaser. Reported incidents of dangerous online counterfeit purchases have included children’s car seats that disintegrate in crashes, engine oils that contain dirt and water, cold medications that are simply sugar pills, and cell phone adapters that can shock or electrocute consumers. Counterfeiting is no longer a sort of comic fakery that only dupes designer bargain hunters. Rather, it has become a real problem for everyday consumers.