Professional Experience Mike represents a broad range of business clients in trademark, trade secret, copyright, false advertising, right of publicity, covenant not to compete and domain name disputes, as well as disputes involving intellectual property development and licensing agreements. Mike has litigated a number of cutting-edge intellectual property issues, including trademark genericness and cybersquatting, trade dress protection for product designs, loss causation in false advertising cases, trade secret "inevitable disclosure" and the availability of trade secret protection in the government contracting context. Mike's practice includes the prosecution and defense of intellectual property disputes before federal and state courts, trademark opposition and cancellation proceedings before the United States Patent and Trademark Office's Trademark Trial and Appeal Board and domain name disputes before the World Intellectual Property Organization. In addition, he has significant appellate experience, having argued appeals before the U.S. Court of Appeals for the First, Second and Eleventh Circuits, as well as in state court, on trademark, false advertising and trade secret matters. Mike also handles a variety of complex commercial disputes, including contract and business tort matters. In addition to his trial practice, Mike counsels clients on a variety of advertising and promotion matters, including the review of advertising for legal compliance, and on the maintenance, protection and enforcement of intellectual property. Representative Matters · Successfully defended multi-billion dollar reinsurance company in trademark infringement action through preliminary injunction and appeal to the Second Circuit, leading to a favorable settlement · Hi-Shear Technology Corp. v. United Space Alliance, LLC and USBI Co.: Obtained judgment, during trial, in favor of USBI Co., the former prime contractor with respect to the solid rocket boosters for the space shuttle, in a trade secret and contract dispute with a former supplier, and preserved victory on appeal · Successfully defended, both in federal district court and before the Eleventh Circuit, claims asserted against major HVAC manufacturer for false advertising under the Lanham Act · Defended prominent architectural firm against claims of copyright infringement relating to architectural drawings · Recovered $500,000 in attorneys' fees and costs from plaintiff after obtaining summary judgment in favor of HVAC manufacturer in case alleging misrepresentations as to electrical voltage output · Evolutions Healthcare Systems, Inc. v. Evolution Benefits, Inc.: Obtained trial victory in favor of trademark applicant in opposition proceeding before Trademark Trial and Appeal Board, enabling the company to proceed with registration of trademark · Represented the successful appellee in the first Anticybersquatting Consumer Protection Act case to be decided by a federal appellate court · Obtained temporary injunction, based on trade secret "inevitable disclosure" doctrine, against high-level insurance industry executive · Obtained favorable settlement for major copier company in action against former employees involving claims for breach of confidential information and noncompete clauses in employment agreements · Successfully represented major insurance company against claims of trademark infringement in connection with billions of dollars of sales of tax-deferred annuities · Obtained a jury verdict in favor of a boat manufacturer in a federal court action asserted by a former dealer under the Connecticut Franchise Act, and in favor of a cruise line in a federal court action alleging claims of breach of contract and unfair trade practices News, Publications & Presentations · Featured, "Fifty Day Pitney Attorneys Recognized as Super Lawyers," Day Pitney Press Release, October 24, 2011 · Panelist, "Top Litigators Speak: IP Litigation Considerations for Advertisers," Advanced IP Forum for Advertising Counsel, New York City, April 28, 2011 · Featured, "Fifty-seven Day Pitney Attorneys Recognized as Super Lawyers; Six Additional Lawyers Recognized as 'Rising Stars'," Day Pitney Press Release, November 12, 2010 · Featured, "Day Pitney Attorneys Attending International Trademark Association Meeting in Boston," Day Pitney Press Release, May 24, 2010 · "Trademark Dilution: When 'Minimally' Similar May Be Similar Enough," The Intellectual Property Strategist, March 2010 · Co-author, "The TDRA Turns Two, But Are Trademarks Better Off?" The Intellectual Property Strategist, November 2008 · Speaker at "The World Series of Intellectual Property: How Current IP Laws Are Changing the Way Corporate & Outside Counsel Play the Game," NYSBA IP Section, October 16-19, 2008 · Co-author, "Supreme Court Grants Certiorari to Clarify Appealability of Remand Orders," Appellate Alert, October 16, 2008 · Co-author, "FTC Issues New Rule Provision Under the CAN-SPAM Act," Day Pitney Alert, May 30, 2008 · Guest Lecturer, "Anticybersquatting Consumer Protection Act," Western New England College School of Law, April 3, 2008 · Co-author, "The Ongoing Battle Over What Is Trademark 'Use'," Day Pitney Alert, January 29, 2008 · Co-author, "Injunctions After eBay," Day Pitney Alert, January 25, 2008 · Co-author, "Important Change in UK IPO Procedures - Opt-in for Notification Recommended," Day Pitney Alert, December 4, 2007 · "The Unsettled State of Preliminary Injunctions for Trademark Infringement: Irreparable Harm May No Longer Be Presumed Despite a Court's Finding Likelihood of Confusion," Day Pitney Alert, July 26, 2007 · Co-author, "Potential Liability Under the Computer Fraud and Abuse Act ("CFAA") Highlights Alternative Avenue to Protect Trade Secrets," Day Pitney Alert, July 10, 2007 · Speaker, "Internet Advertising and IP Protection," May 16, 2007 · Speaker, "Protecting the Company's Trade Secrets," April 26, 2007 · "Trademark Dilution Revision Act Signed by President Bush," DBH Alert, October 12, 2006 · Speaker, "Responding to Cease and Desist Letters," June 7, 2006 · "Copyright Infringement -- Not Just for Direct Infringers Anymore," DBH Alert, June 29, 2005 · "Significant Rulings in Trademark Law," DBH Alert, December 16, 2004 · Speaker, "Intellectual Property Issues: Non-Compete and Confidentiality Agreements, and Protecting Against Trade Secret Misappropriation and Unfair Competition," East Hartford, CT, June 3, 2003 · Speaker, "Understanding Basic Trademark Law in Connecticut: Trademark Dilution," Hartford, CT, April 22, 1999 Professional Affiliations · American Bar Association, Intellectual Property Law Section · Connecticut Bar Association, Intellectual Property Law Section · Intellectual Property Owners Association · International Trademark Association, Enforcement Committee, Member Awards and Achievements · Recognized as a Connecticut Super Lawyer, 2011, 2011/2012 |