Mr. Jason Erik Mueller

JM

Biography

Jason Mueller is a partner in the Intellectual Property Practice Group in the firm's Dallas Office.

Jason has tried numerous intellectual property cases to a verdict, including jury trials covering copyrights, trademarks, patents and trade secrets. In doing so he has represented some of the world’s leading entertainment, energy, healthcare and building products companies.

Jason is dedicated to providing responsive and practical advice and counsel to his clients on intellectual property and advertising issues. Beyond the courtroom, Jason has represented clients before the U.S. Patent and Trademark Office and the Trademark Trial and Appeals Board, defending claims or investigations initiated by the Federal Trade Commission, The Texas Attorney General’s Office, the New York Attorney General’s Office, the Marin County and Stanislaus County (California) Attorneys General.

As lead trial counsel in recent jury cases, Jason has demonstrated leadership and poise in the courtroom resulting in favorable verdicts.

Jason’s courtroom perspective provides a practical background for his advisory and prosecution practice. As an intellectual property specialist, he helps clients develop strategies for the protection of intellectual property rights including strategic counseling on trademark portfolio management, prosecution, and oppositions and cancellation actions before the Trademark Trial and Appeal Board .

Jason has substantial experience handling all aspects of advertising and marketing law, including sweepstakes, contests, raffles and other promotions. He has performed regulatory compliance reviews and developed and instituted compliance programs to manage risk related to advertising, social media initiatives, and content management and acquisition. His team reviews national print, radio and television advertising campaigns, and issues opinions relating to the adequacy of claim substantiation. The advertising review team has experience serving as primary, overflow or escalation counsel for the review of advertisements.

Honors

•BTI Client Service All-Star, Intellectual Property, 2016
•Texas Rising Star, Texas Monthly Magazine, 2010, 2012, 2015
•2000, Honorable Discharge, U.S. Army, Infantry NCO

Experience

•Website technology patent owner - obtained complete jury verdict on issues of infringement and validity in Judge Gilstrap’s court (Eastern District of Texas)
•Silicon Valley Startup - obtained dismissal of core copyright claim brought by craigslist relating to copies of user generated content in Northern District of California
•Public downstream energy company - lead trial counsel defending copyright infringement claims in Northern District of Texas
•Large accessory products company - lead trial counsel defending trademark infringement matter in Southern District of Texas
•Major Hedge Fund - lead trial counsel defending against claims of copyright infringement, and Digital Millennium Copyright Act (DMCA) claim in Southern District of Texas
•Energy operations company - lead trial counsel defending copyright infringement claims in Southern District of Texas
•Consulting and engineering services firm - lead trial counsel defending copyright claims in the Northern District of Texas
•Construction company - defend claims of copyright infringement in architectural plans in the Northern District of Texas
•Various entities related to The Walt Disney Company - defend various claims of copyright and trademark infringement in the Northern, Eastern, and Southern Districts of Texas
•Entertainment services company - defend claims alleging misappropriation of celebrity’s right of publicity
•Major Airline - provide advice and counsel regarding advertising claim formulation and analysis of substantiation
•Leading retailer - manage trademark enforcement and disputes
•Leading online dating services provider - provide advice and counsel on trademark, copyright and advertising matters
•Several leading insurance providers - provide advice and counsel on the advertising and marketing claims for services and products related to P&C, Life, Health and related lines
•National advertising agency - matters involving national marketing campaigns including pre-clearance and substantiation review
•Large national media company - trademark litigation matter involving a major newspaper
•Major national clothing retailer - routinely provide regulatory compliance counsel on matters of federal and state laws governing advertising, pricing and promotions
•International real estate developer - advice on acquisition of substantial domain name portfolio
•Medical device manufacturer - represented it in its false advertising and patent infringement claims against its primary competitor
•Medical device manufacturer - enforced trade secret and patent claims against foreign competitor.
•Leading architectural firm - managed copyright portfolio registration and strategy
•Architectural and development company - asserted copyright claims against infringer
•Major production studio - defended multiple intellectual property lawsuits alleging copyright, trademark and related claims
•Energy services company - managed client review and purchase of IP asset portfolio that included patents and pending applications, software and underlying copyrights, trademarks, and trade secrets
•Major airline - managed trademark globalization process involving the worldwide expansion of client's most strategic trademarks
•Major national sporting goods retailer - routinely provide advice and counsel on IP sweepstakes, contests, and general advertising matters
•Represented entrepreneurs and start-ups by providing advice and counsel regarding protection of intellectual property, business structuring and general business issues. Examples include Terra's Dancewear; Breastaurant Uniforms; Opposite, Inc.; AI Intellectual Property; Fat Boy Labs; and Utility Concierge, 3 taps, live lovely, MOBI, and others.
•Developed and drafted official rules for scores of sweepstakes, contests and premium promotional marketing campaigns involving complex arrays of entry methods, user generated submissions, post-promotion media blitz coverage and many other legal challenges

Articles

•Offering Promotions For Facebook Likes
Law360 , December 23, 2011

Media Mentions

•Jared Sine Leads Match’s ‘World Class’ Legal Department
The Texas Lawbook , January 23, 2019
•Movers & Shakers Feature
The Deal , April 20, 2018
•Sheppard Mullin Opens Dallas office
World Intellectual Property Review , April 17, 2018
•Sheppard Mullin opens up shop in Dallas
World Trademark Review , April 17, 2018
•Sheppard Mullin Enters Texas Market With Dallas Office
Law360 , April 16, 2018
•Sheppard Mullin Officially Opens Dallas Office
The Texas Lawbook , April 16, 2018
•Sheppard Mullin Launches Dallas Office
Texas Lawyer , April 16, 2018
•5 tips for Crafting Ads that Pass FTC Muster
Law360 , August 23, 2013
•Craigslist's Claims Trimmed in Real Estate Listings Row
Law360 , April 30, 2013
•Hostess Brands Look Appetizing to Rivals, PE Firms
Law360 , November 16, 2012
•3Taps Lodges Antitrust Claims in Craigslist Copyright Row
Law360 , September 25, 2012

Speaking Engagements

•Speaker, Mine, Yours and Theirs: IP Concerns for Event and Trade Show Organizers, Expo! Expo! IAEE's Annual Meeting & Exhibition, December 13, 2018
•Speaker, “Retail Prize Promotions: How to Run Successful (and Legal!) Contests, Sweepstakes, and Giveaways,” RILA Retail Law Conference, October 11, 2018
•Speaker, “Protecting and Enforcing Your Brand in the Intellectual Property Domain Name and App Arenas,” The 2017 ANA/BAA 39th Marketing Law Conference, November 13-15, 2017
•Speaker, Enforcing Trademarks & Protecting Your Brand, The 2016 ANA/BAA 38th Marketing Law Conference, November 9-11, 2016

Events

•Retail's Top 5 Legal Trends & Issues Webinar
May 9, 2019
•2018 ANA/BAA 40th Marketing Law Conference
November 2018
•Retail Law Conference
Retail Industry Leaders Association
October 10-12, 2018

Areas of Practice (15)

  • Advertising
  • Aerospace and Defense
  • Apparel and Beauty
  • Energy and Digital Media
  • Fashion
  • Food and Beverage
  • Infrastructure and Project Finance
  • Intellectual Property
  • International Law
  • Litigation: Commercial
  • Patent Litigation
  • Retail and Trade Dress
  • Lawsuits/Trials/Litigation
  • Patents/Trademarks/Copyrights
  • Entertainment/Sports

Education & Credentials

Contact Information:
469.391.7402  Phone
469.391.7550  Fax
www.sheppardmullin.com
University Attended:
Ouachita Baptist University, B.S., 1995
Law School Attended:
Southern Methodist University, J.D., 2005
Year of First Admission:
2005
Admission:
2005, Texas; Fifth Circuit Court of Appeals; Texas Eastern District Court; Texas Northern District Court; Texas Southern District/Bankruptcy Court; Texas Western District Court; US Patent and Trademark Office; US Court of Appeals for the 5th Circuit; US District Court for the Eastern District of Texas; US District Court for the Northern District of Texas; US District Court for the Southern District of Texas; US District Court for the Western District of Texas; US Patent, Trademark Office; US Supreme Court; Federal Circuit Court of Appeals
Memberships:

Memberships

•Member, Texas Bar Association
•Member, Dallas Bar Association
•Member, College of the State Bar of Texas
•Former Member, Board of Directors, Qualtrust Credit Union
•Former Member, Steering Committee, Texas Minority Counsel Program (TMCP)

Military:
U.S. Army, 1992-1998
Languages:
Arabic and Chinese and Hebrew and Hindi and Italian and Japanese and Persian and Farsi and Portuguese and French and German and Spanish and Gan and Hakka and Jinyu and Mandarin and Min Nan and Wu and Xiang and Yue and Dutch and English and Fari and Javanese and Korean and Polish and Punjabi and Romanian and Russian and Samoan and Serbo-Croatian and Sindhi and Swedish and Thai and Ukrainian and Vietnamese
ISLN:
918604420

Peer Reviews

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*Peer Reviews provided before April 15, 2008 are not displayed.

Dallas, Texas

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