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Michelle A. Miller

Washington, DC
202.296.6911
202.296.8701 (fax)
Chicago
312.840.3286
312.321.4299 (fax)
mmiller@brinkshofer.com

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Practice Summary

Michelle Miller focuses on domestic and international trademark, trade dress, copyright, false advertising and unfair competition matters. She has substantial experience in managing domestic and international trademark portfolios and litigation matters. Ms. Miller also assists clients in developing strategies for brand promotion and protection in social media and other online spaces.

She has represented a diverse range of clients such as Groupon, Inc., Danjaq, LLC (owner of the film and merchandising rights in the James Bond film franchise), Maui Jim, Inc., Raytheon Company, John Bean Technologies Corporation, Grace Clinic, Children’s Memorial Hospital and Amway, among others.

Honors/Distinctions
  • Illinois Legal Aid Online Pro Bono Volunteer of the Month, June 2011
  • Illinois Super Lawyers, Rising Stars, 2012
  • BMI/Cardozo Entertainment and Communications Law Moot Court Competition, Quarterfinalist, 2006
  • Edward C. Stone Moot Court Competition, 2005
Representative Matters
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  • Davis W. Smith v. Gorilla Lawyer LLC, Opposition No. 91195656 (T.T.A.B. 2011). Represented Opposer Davis W. Smith in opposition to application for registration of GORILLA LAWYER Mark. Settled.
  • Safety Squad, LLC v. Dorel Industries, Inc., Case No. 10-cv-03111 (N.D. Ill. 2010). Represented Safety Squad in trademark infringement action. Settled.
  • Amway Corp. v. MonaVie, Inc., et al. (D. Utah 2008-2010). Represented the defendant/consolidated plaintiff in a tortious interference with contract and false advertising action. Settled.
  • ConvaTec, Inc. v. Lifembraced, Inc., Opposition No. 91188915 (T.T.A.B. 2009). Represented Opposer ConvaTec in opposition to application for registration of the LIFEMBRACE mark. Settled.
  • Lifembraced, Inc. v. ConvaTec, Inc., Case No. 08 CV 2246, (S.D. Cal. 2008). Represented ConvaTec in a declaratory judgment action filed by Lifembraced in response to ConvaTec's allegations of trademark infringement, unfair competition and cybersquatting. Settled.
  • Lockheed Martin Corporation v. Raytheon Company, (Oppositions 91167189 and 91174152, T.T.A.B. 2005). Pending. Representing applicant in opposition to application for registration of the mark PAVEWAY.
  • Danjaq, LLC v. Bolshoi Beverage Co., Opposition No. 91179340 (T.T.A.B. 2007). Represented owner of JAMES BOND and 007 marks in opposition to application for registration of mark FROM RUSSIA WITH LUV. Opposition sustained and registration refused.
  • Danjaq, LLC v. Banjo Buddies, Opposition No. 91178307 (T.T.A.B. 2006). Represented owner of JAMES BOND and 007 marks in opposition to application for registration of mark 006. Opposition sustained and registration refused.
  • Kimberly-Clark Corporation and Kimberly-Clark Worldwide, Inc. v. Medline Industries, Inc., (N.D. Ill. 2007). Represented Kimberly-Clark in trademark infringement and unfair competition regarding color trademark.
  • Kimberly-Clark Corporation and Kimberly-Clark Worldwide, Inc. v. Valumax International Inc., (N.D. Ga.2006). Represented Kimberly-Clark in trademark infringement and unfair competition regarding color trademark.
  • Nextel Communications, Inc. v. Motorola, Inc., (Opposition 91161817, T.T.A.B. 2005). Represented Motorola in inter partes opposition proceedings regarding 911 Hz sound mark.
  • Nextel Communications, Inc. v. Motorola, Inc., (Opposition 91164353, T.T.A.B. 2005). Represented Motorola in inter partes opposition proceedings regarding 1800Hz sound mark.
Publications
Presentations
  • Presenter, LexisNexis Intellectual Property 101 Teleconference Series: Trademark, October 2007, June 2008, December 2009
Memberships & Affiliations
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  • International Trademark Association (INTA)
    Member, Young Practitioners Subcommittee
  • Coalition of Women in Law Firms
    Membership Committee, 2008-2009
  • Chicago Bar Association
  • DC Bar Association
  • Georgetown University Alumni Association
  • The Lawrenceville School Alumni Association
Civic Activities
  • Cabrini Green Legal Aid Clinic Volunteer
Legal Experience
  • Brinks Hofer Gilson & Lione, Chicago, IL
    Associate, 2006-Present
    Summer Associate, 2005
    Hiring Committee, 2010-Present
    Recruiting Committee, 2007-2009
  • Messing, Rudavsky, & Weliky, P.C., Boston, MA
    Legal Intern, June 2004-January 2005
Non-Legal Experience
  • The Hollander Group, Executive Search Firm, Washington, D.C.
    Research Assistant, June 2002-June 2006