is a partner in Dinsmore’s Cleveland office. He advises domestic and international clients on strategic management of Intellectual Property, including obtaining trademark and copyright registrations, and the licensing, acquisition and sale of IP assets.
For more information or to contact James, please visit his Firm Profile Page.
Managing international trademark portfolios in the age of globalization can be a fickle endeavor. Ecommerce has blown the top off traditional thinking as it relates not only to advising your clients on what and where to file, but also how to strategically maintain those filings in the face of an increasingly crowded and adversarial global marketplace. When a brand attempts to gain a foothold with an emerging clientele, fortune tends to favor the strategically bold. For this reason, companies are often trying to establish their IP rights in countries where actual use or implementation may not be in the cards for years. In the case of trademarks, the benefits are obvious: if/when a product is launched, a service begins, or a brand is introduced, a strong and enforceable portfolio is waiting to greet and protect it. However, in jurisdictions around the world, such a strategy leaves open the possibility of an attack on these rights, most commonly in the form of a non-use cancellation action.