Partner
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.
Tianhai Lace Co. Ltd. et al. v. ASOS PLC. et al.
22-cv-09752, S.D.N.Y., Judge Abrams
Certain Plant-Derived Recombinant Human Serum Albumins ("rHSA") and Products Containing Same
337-TA-1238, ITC, Judge McNamara
Chapman Cubine, Adams + Hussey v. Sirius XM Radio
1:15-cv-01530, E.D. Va., Judge Ellis
Opp. No. 91223186, TTAB, Judge Vogler
American Petroleum Institute v. Bullseye Automotive Products
1:13-cv-01112, S.D. Ind., Judges Pratt, LaRue
OneWest Bank F.S.B. v. IndyMac Home Savings LLC
0:12-cv-62101, S.D. Fla., Judges Scola, Snow
Event
Implications of the U.S. Supreme Court’s 2023 Decisions for Trademark and Copyright Owners Implications of the U.S. Supreme Court’s 2023 Decisions for Trademark and Copyright Owners
October 25, 2023
Webinar
Event
Overseas IP Protection and Risk Management Seminar Overseas IP Protection and Risk Management Seminar
April 12, 2023
Shanghai
Event
Trademark Strategies for Companies Doing Business in the U.S. Trademark Strategies for Companies Doing Business in the U.S.
March 31, 2023
Suzhou
Articles
2022 Licensing Update: Trademark Licensing 2022 Licensing Update: Trademark Licensing
2022
IP LitigatorINCONTESTABLE® Blog
TTAB: Recklessly False Trademark Filings Constitute Fraud TTAB: Recklessly False Trademark Filings Constitute Fraud
December 2, 2021
"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."
World Trademark Review WTR 1000
"Brett Heavner is an outstanding attorney who has taken the time to understand our business and our product. He knows all about our brand."
The Legal 500 U.S.
"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."
The Legal 500 U.S.
"Another commanding figure in contentious matters is Brett Heavner, who adds significant expertise in TTAB fights for biotech companies, and many other industries."
World Trademark Review WTR 1000
“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.”
World Trademark Review WTR 1000
“Litigation-focused Brett Heavner is ‘practical, proactive, responsive and results oriented, as well as a clear communicator.’”
World Trademark Review WTR 1000
“‘[Brett] takes the time to understand your business and products, and is commercially oriented with an added facility for thinking outside the box.’”
World Trademark Review WTR 1000
“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.”
World Trademark Review WTR 1000
“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.”
World Trademark Review WTR 1000
“’Smart and hands-on’ tactician Brett Heavner win s particular approbation for his varied work in the natural resources sector…”
World Trademark Review WTR 1000
“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.”
World Trademark Review WTR 1000
“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.”
World Trademark Review WTR 1000
“‘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.’”
World Trademark Review WTR 1000
“…anti-counterfeiting expert Heavner is ‘easy going but will stand up firmly for your rights.’”
World Trademark Review WTR 1000
“‘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.’”
World Trademark Review WTR 1000
"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."
World Trademark Review WTR 1000
"Brett Heavner is an outstanding attorney who has taken the time to understand our business and our product. He knows all about our brand."
The Legal 500 U.S.
"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."
The Legal 500 U.S.
"Another commanding figure in contentious matters is Brett Heavner, who adds significant expertise in TTAB fights for biotech companies, and many other industries."
World Trademark Review WTR 1000
“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.”
World Trademark Review WTR 1000
“Litigation-focused Brett Heavner is ‘practical, proactive, responsive and results oriented, as well as a clear communicator.’”
World Trademark Review WTR 1000
“‘[Brett] takes the time to understand your business and products, and is commercially oriented with an added facility for thinking outside the box.’”
World Trademark Review WTR 1000
“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.”
World Trademark Review WTR 1000
“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.”
World Trademark Review WTR 1000
“’Smart and hands-on’ tactician Brett Heavner win s particular approbation for his varied work in the natural resources sector…”
World Trademark Review WTR 1000
“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.”
World Trademark Review WTR 1000
“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.”
World Trademark Review WTR 1000
“‘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.’”
World Trademark Review WTR 1000
“…anti-counterfeiting expert Heavner is ‘easy going but will stand up firmly for your rights.’”
World Trademark Review WTR 1000
“‘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.’”
World Trademark Review WTR 1000
Award/Ranking
Finnegan Tops the 2024 World Trademark Review 1000, Receiving New Regional Accolade Finnegan Tops the 2024 World Trademark Review 1000, Receiving New Regional Accolade
February 13, 2024
World Trademark ReviewMedia Mention
ASOS Must Face Lace Maker's Design Copyright Suit ASOS Must Face Lace Maker's Design Copyright Suit
May 17, 2023
Law360Press Release
Finnegan Tops the 2023 WTR 1000, with 12 Attorneys Ranked Finnegan Tops the 2023 WTR 1000, with 12 Attorneys Ranked
February 7, 2023
World Trademark ReviewCommentary
Madrid Mash-Up: In-House Share International TM Filing Tips Madrid Mash-Up: In-House Share International TM Filing Tips
March 6, 2022
Managing Intellectual PropertyPress Release
Finnegan Receives Top Tier Rankings in 2022 World Trademark Review 1000 Finnegan Receives Top Tier Rankings in 2022 World Trademark Review 1000
March 3, 2022
World Trademark ReviewCommentary
A Day in the Life of a Trademark Litigator: Brett Heavner A Day in the Life of a Trademark Litigator: Brett Heavner
January 12, 2022
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