B. Brett Heavner

パートナー

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B. Brett Heavner

パートナー

+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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商標法、不正競争法の全てを網羅した業務を手掛け、特に商標侵害、偽造、虚偽広告訴訟、及び米国特許商標庁（USPTO）商標審判部（TTAB）訴訟を中心業務とする。

代理するクライアントは製薬会社、医療機器製造業者、銀行業及び金融サービス機関、大手貿易協会、食品製造会社、石油開発会社及び石油精製会社、等多岐に渡る。また、安全性保護機関及び品質保証機関への証明標章の保護、等の知財問題も扱う。

米国内外の商標保護に関する豊富な経験を生かし、効果的且つ世界規模の戦略で商標権の取得又は行使ができるようクライアントをサポート。商標調査、商標及び著作権のライセンス、標章証明プログラムに関する問題、等も取り扱う。また、米地裁商標案件、TTAB取消及び申立手続、さらに、連邦巡回控訴裁判所での控訴審も手掛ける。

Finding Species非営利団体の代理人として世界規模の商標登録及び著作権保護を手掛ける、等プロボノにも従事。偽造医薬品、偽造管継手、及びコンピュータ・ハッキングによる不正コピー品に関する偽造品及び著作権侵害案件では、一方的調査・差押を勝取った。

デンマーク特許商標庁、FDANews、カナダ特許商標協会、英国知的財産管理者グループ、チャイニーズ・タイペイライセンス協会などの商標法セミナーでメインスピーカーを務める。The Legal 500 U.S. 誌で著作権訴訟、商標手続及び非訴訟業務における弁護士として評価された。

Et Cetera

デンマーク特許商標庁、FDANews、カナダ特許商標協会、英国知的財産管理者グループ、チャイニーズ・タイペイライセンス協会での商標法セミナーでメインスピーカーを務める。

Select Publications

商標情報を発信する弊所ブログIncontestable®での常連の執筆者
"Re-branding: Be Careful What You Wish For," Trademarks & Brands Online, April 17, 2015.
共著 “Preparing for Stricter Use Requirements of U.S. Trademark Law,” Imp. & Exp. Magazine, April 2015.
共著 “Ending Xenophilia: Will Foreign Trademark Owners Be Required to Comply with Use Requirements of U.S. Trademark Law?” CIPA Journal, Dec. 2014.
共著 “Pre-ANDA Litigation: Strategies and Tactics for Developing a Drug Product and Patent Portfolio,” ABA Section of Intellectual Property Law, 2014.
共著 “Closer Control: Social Media and Drugs,” Trademarks & Brands Online, May 23, 2014.
共著 “How POM Wonderful Could Change the Landscape of False-Advertising Lawsuits,” Westlaw Journal Intellectual Property, April 30, 2014.
“The FDA’s Guidance on Labels and Cartons: Yet Another Attack on Pharmaceutical Trade Dress?” pharmaphorum, Nov. 11, 2013.
“Running Like Clockwork: Certification Mark Best Practices After the Swiss Watch International Case,” Intellectual Property Today, Feb. 2013.
“Trademark Aesthetic Functionality: A Zombie Apocalypse?” BNA’s Patent, Trademark & Copyright Journal, Dec. 7, 2012.

実績

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.’”