B. Brett Heavner

Partner

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B. Brett Heavner

Partner

+1 202 408 4073 +1 202 408 4073
b.brett.heavner@finnegan.com b.brett.heavner@finnegan.com

901 New York Avenue, NW
Washington, DC 20001-4413

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Brett Heavner’s 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, as well as for trademark prosecution and non-contentious work, and ranked regionally for his contributions to the fields of enforcement, prosecution, and strategy by the World Trademark Review (WTR). Managing Intellectual Property (MIP) also named Brett a “Trademark Star” on the national and regional (District of Columbia) levels.

Experience

In the U.S. District Court for the Southern District of New York, Finnegan successfully defended a lace designing and textile manufacturing client over a motion to dismiss against unauthorized use of its laces in front of U.S. District Judge Ronnie Abrams. In that suit, Judge Abrams allowed Finnegan’s client to continue to pursue its willful copyright infringement claims against an international franchise in the apparel industry.

22-cv-09752, S.D.N.Y., Judge Abrams

Represented respondent Wuhan Healthgen Biotechnology Corporation in patent infringement and Lanham Act litigation involving rice-derived human albumin.

337-TA-1238, ITC, Judge McNamara

Obtained consent judgment and favorable settlement amount against direct mail advertiser who created counterfeit of client’s proprietary envelope designs.

1:15-cv-01530, E.D. Va., Judge Ellis

Successfully cancelled registration obtained through fraud by registrant who copied well-known Chinese mark and submitted photo-shopped specimens.

Opp. No. 91223186, TTAB, Judge Vogler

Obtained preliminary injunction, permanent injunction, and large monetary damage award against manufacturer of engine oils bearing counterfeit copies of client's certification marks and false claims to meet the client's quality standards.

1:13-cv-01112, S.D. Ind., Judges Pratt, LaRue

Represented banking client against a real estate company's use of name of client's mortgage servicing division to mislead the public in to believing it was affiliated with the bank.

0:12-cv-62101, S.D. Fla., Judges Scola, Snow

Insights

Webinar

Managing Risk in Franchising: Data Privacy and Brand Protection Best Practices Managing Risk in Franchising: Data Privacy and Brand Protection Best Practices

November 20, 2025

Webinar

Articles

Certification Mark Pitfalls: Managing Problems of Genericness, Descriptiveness, and Consumer Perception Certification Mark Pitfalls: Managing Problems of Genericness, Descriptiveness, and Consumer Perception

September/October 2025

The Trademark Reporter

INCONTESTABLE® Blog

Federal Circuit Reverses TTAB’s Determination that Trademarks Are Dissimilar Due to Lack of Evidence Federal Circuit Reverses TTAB’s Determination that Trademarks Are Dissimilar Due to Lack of Evidence

September 10, 2025

INCONTESTABLE® Blog

TTAB Partially Cancels GUIDEON Trademark: Confusion Found for Employment Services, Not for Educational Offerings TTAB Partially Cancels GUIDEON Trademark: Confusion Found for Employment Services, Not for Educational Offerings

September 3, 2025

Articles

The Trademark Journey of Obsidian Flames: A Narrative Exploration of the U.S. Trademark System The Trademark Journey of Obsidian Flames: A Narrative Exploration of the U.S. Trademark System

August 26, 2025

BMM Bulletin

INCONTESTABLE® Blog

TTAB Reverses Refusal of C SHARPE Mark: Slash in Mark Does Not Prevent Specimen from Being a “Substantially Exact Representation” of Drawing TTAB Reverses Refusal of C SHARPE Mark: Slash in Mark Does Not Prevent Specimen from Being a “Substantially Exact Representation” of Drawing

August 6, 2025

Professional Recognition

"'Brett Heavner’s work is always flawless. He excels when it comes to expanding clients’ protections internationally and is extremely proactive. He is responsive and thoughtful, and his guidance in all manner of trademark areas is invaluable.'"

"Heavner draws on his extensive experience in domestic and international trademark protection to craft effective global strategies for his clients. His commercial acumen and practical approach have earned him the trust of pharmaceutical giants like Cytokinetics, who rely on him to manage their extensive portfolios."

"Brett is a great attorney who is highly experienced in working with European patrons and understands the differences between US and EU law. He is extremely business oriented and takes the time to understand his clients’ brands, to grasp the challenges and issues they face. Brett always makes himself available and is very patient when explaining complex aspects of litigation."

"Brett Heavner is an outstanding attorney who has taken the time to understand our business and our product. He knows all about our brand."

"Brett Heavner is a wonderful person to work with. He addresses any questions very quickly and efficiently and knows when and how to raise potential issues and address them timely."

"Another commanding figure in contentious matters is Brett Heavner, who adds significant expertise in TTAB fights for biotech companies, and many other industries."

“Brett Heavner is always in hot demand among a diverse range of companies and – constantly fielding challenging, often contentious instructions – stays sharp and ready for anything.”

“Litigation-focused Brett Heavner is ‘practical, proactive, responsive and results oriented, as well as a clear communicator.’”

“‘[Brett] takes the time to understand your business and products, and is commercially oriented with an added facility for thinking outside the box.’”

“The multi-faceted Brett Heavner is diligent in providing trademark support and makes himself readily available when needed. ‘The guidance he gives is well-founded, and he is flexible with alternative approaches to find the option which fits best.”

“Also singled out is Brett Heavner, who deploys his comprehensive understanding of brand-related issues to serve illustrious players in the banking and natural resource sectors.”

“’Smart and hands-on’ tactician Brett Heavner win s particular approbation for his varied work in the natural resources sector…”

“Brett Heaver…has a well-deserved place on both [contentious and non-contentious] tables; he has carved a particular niche in the natural resources industry.”

“Brett Heavner win[s] plaudits for [his] prosecution and enforcement chops… Heavner's skill set is admirably varied, including rare expertise on safety and quality marks for certifying organisations.”

“‘Top-notch’ Brett Heavner's practice focuses on trademark, counterfeiting and advertising litigation. His encyclopaedic legal know-how is coupled with a ‘very pleasant demeanour.’”

“…anti-counterfeiting expert Heavner is ‘easy going but will stand up firmly for your rights.’”

“‘Brett knows exactly what you need and how quickly and then he makes it happen–he’s incredibly client oriented. His advice is always well thought out and he’s very knowledgeable about global trademark practice. He provides commercial guidance tailored to your risk profile.’”