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Home | Merchant & Gould P.C.

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Intellectual property spans a wide range of disciplines, as does Merchant &amp; Gould’s Design Patent &amp; Trade Dress Group. Our Group is comprised of practitioners who are experts in both obtaining and enforcing utility patents, utility models, design patents, trademarks, trade dress, copyrights, and trade secrets, which provides our clients a full range of capabilities and technical experience to help implement a strategic intellectual property plan that aligns with individual business goals. We are committed to providing the highest quality global intellectual property services to our clients.

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Providing a full spectrum of global intellectual property services.

As a multi-disciplinary firm providing full-service intellectual property services, we serve you with holistic and value-added strategies to help you accomplish your business objectives, which includes assessing the value of your design patents and trade dress rights, and securing multiple layers of protection for these valuable assets to secure your position in the marketplace.&nbsp; Our attorneys command a deep understanding about how the different types of intellectual property (e.g., trade dress and design patents), domestically and internationally, can be used offensively and defensively in an integrated intellectual property strategy.&nbsp;

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Serving clients with vision and foresight.

Our attorneys work to build enduring relationships with each and every client, creating a partnership in which we work with your company to develop strategic plans for your intellectual property. Our goal is to combine a deep knowledge of your company's history with proactive legal counsel as a key to your success. We consistently provide a full range of top-level intellectual property services to help your company thrive now and decades into the future.&nbsp; We regularly provide training to our clients on current trends and case law to meet their specific needs and to effectively mitigate legal risks.

Merging practical industry experience with legal insight.

Many of us had careers in industry before becoming attorneys. As attorneys, we have developed strong cross-disciplinary skills as active members in other groups in the firm. The Design Patent and Trade Dress Group includes former USPTO Patent Examiners and former Trademark Examining Attorneys, who understand first-hand how to avoid weaknesses in patent and trademark applications that might result in a refusal. We apply our vast experience to solve your toughest IP challenges, collaborating with you to define and refine your inventions, patent portfolios, and long-term IP strategies.

Our expertise in developing, managing, and protecting your valuable brands using an integrative intellectual property approach is why companies with some of the most recognized brands and products work with the Merchant &amp; Gould team.

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Our Design Patent and Trade Dress Group routinely works with clients on the following types of matters:

Coordinating Utility Patent, Utility Model, Design Patent, Trade Dress, and Copyright protection

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Design Patent clearance assessment and freedom to operate investigations

Trade Dress clearance, registration and enforcement&nbsp;

Preparing, filing, and prosecuting U.S., direct foreign and Hague System for Industrial Design applications for domestic clients

Preparing, filing, and prosecuting U.S. and International Design Patent applications on behalf of foreign clients

Appeals before both the Patent Trial &amp; Appeal Board and Trademark Trial &amp; Appeal Board

Patent and Trade Dress portfolio management

Policing and managing design patent and trade dress portfolios

Enforcing design patent and trade dress rights

Online marketplace enforcement and counseling

Counseling for the enforcement of Copyrights for art, music, publishing, licensing, and related legal matters

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Attorneys in the Design Patent and Trade Dress Group have the technical experience to serve clients in a diverse array of technologies and industries, including:

Consumer Products, such as Home, Garden and Appliances.

Transportation including Automotive and Aircraft

Denver

Associate

Kelsey K. Covert, P.E.

Minneapolis

Partner

Julie R. Daulton

Atlanta

Daniel R. Evans, Ph.D.

Christian J. Hansen

Andrew  L. Jagenow

Lindsay Jones

Heather J. Kliebenstein

George C. Lewis, P.E.

Danielle I. Mattessich

William D. Schultz

Gregory  A. Sebald

Taylor R. Stemler

Robert  S. Sykes

Benjamin A. Tramm

Tong Wu

Knoxville

Elizabeth Harwood

Erin E. Herdeman

Partner & Chief Diversity Officer

John T. Winemiller, Ph.D.

Marra M. Clay

James P. Rieke

Next generation of leadership brings fresh perspective and industry experience.



Merchant &amp; Gould is pleased to announce the next generation of leadership for its <a href="/practices/design-patent-trade-dress/">Patent Design &amp; Trade Dress Group</a>, bringing a fresh perspective to the firm and its clients. Loretta L. Freeman, Atlanta partner, and Ryan C. Smith, Ph.D., Minneapolis partner, will co-chair the practice group, demonstrating a forward-looking view of the firm’s more-inclusive leadership team.



The <a href="/practices/design-patent-trade-dress/">Patent Design &amp; Trade Dress Group</a> serves all clients, regardless of industry or specific technical needs, helping obtain and enforce utility patents, utility models, design patents, trademarks, trade dress, copyrights and trade secrets. Intellectual property spans a wide group of disciplines, as does Merchant &amp; Gould’s Patent Design &amp; Trade Dress Group, providing a holistic and integrated approach to help clients secure their protected position in the marketplace.



“Loretta and Ryan bring deep experience across a plethora of industries, as well as an ambitious vision for the future of this practice group and our firm,” said Christopher J. Leonard, Managing Director and CEO of Merchant &amp; Gould. “As we continue to improve the service we provide to our clients across the country, we look forward to their guidance and to bring in the next generation of leadership.”



Freeman focuses on preparing and prosecuting patent applications in the mechanical arts space and in industries such as telecommunications, hydraulics, aerospace fields and manufacturing. She also helps businesses with design-heavy legal needs, such as those in retail, protect the appearance and aesthetics of their products. Freeman also provides counseling in intellectual property matters relating to product development and marketing, including freedom to operate, state of the art, non-infringement, and invalidity analysis and opinions. She specializes in developing sound IP portfolio management strategies, leveraging the value and protection of trademarks, design and utility patent applications.&nbsp;&nbsp;According to Freeman, “I am excited to join Ryan in this new role and bring subject-matter experience to the firm and our clients.”



Smith focuses on chemical, life science and consumer product technologies. He concentrates on patentability assessment, filing and prosecuting U.S. design and utility applications, managing international patent portfolios, IP due diligence, licensing and merger and acquisition due diligence.  Smith uses his experience to help his clients strategically navigate the patent process from product concept to commercialization. According to Smith, “Merchant &amp; Gould continues to innovate with its leadership approach, and I am thrilled to help keep our clients updated on the newest Patent Design &amp; Trade Dress trends, case law and strategy – and to bring new knowledge and co-leadership with Loretta.”



Merchant &amp; Gould is planning a Continuing Legal Education (CLE) event in October on Patent Design &amp; Trade Dress.&nbsp; The topic, speakers, date and location (in-person vs. virtual) will be announced later this summer.

Merchant & Gould Announces New Leadership for  Patent Design & Trade Dress Practice Group

By <a href="https://www.law360.com/articles/1445892/ip-firm-merchant-gould-launches-itc-practice">Adrian Cruz</a>



Law360 (December 6, 2021, 4:36 PM EST) &#8212;



Intellectual property firm Merchant &amp; Gould PC has launched a <a href="/practices/it-section-337-investigations/">U.S. International Trade Commission practice group</a> with a specialty in Section 337 investigations, the firm said Monday.



Merchant &amp; Gould&#8217;s ITC practice will be led by partner <a href="/people/joshua-a-hartman/">Joshua Hartman</a>, who joined the firm in September. Hartman told Law360 on Monday that the ITC group will consist of 12 attorneys in cities that include New York, Minneapolis and Atlanta led by a core group of Section 337 specialists including himself in the <a href="/offices/washington-d-c-area/">Washington, D.C., area</a>.



&#8220;This group was definitely part of the plan when I first started here, and it&#8217;s great to see it come to fruition,&#8221; he said. &#8220;It&#8217;s something that we talked about and have put a lot of work into, and it&#8217;s extremely exciting to be at this firm. Everybody&#8217;s been very supportive, and we have a strong, wellrounded team that combines 337 experience, technical expertise and lots of tactical experience with the types of problems that come up with 337 investigations.&#8221;



Hartman said the ITC group will do a variety of work, representing both ITC complainants asserting their IP rights and looking to prevent unfair competition along with respondents defending themselves from complaints.



&#8220;Based on the way the firm is structured and the diversity of our practice groups, we do expect to be able to handle a wide range of technologies including consumer products, electronics, life science products and brand name goods. We&#8217;ll also see some sector-specific work in spaces such as automotive, and a key part is that we&#8217;re really well situated for the rise in nonpatent investigations, which is a trend we&#8217;ve seen over the last few years.&#8221;



According to a report released by California-based intellectual property firm Patexia in February, more companies than ever have been requesting ITC investigations since the start of the COVID-19 pandemic. The report said the number of investigations filed went from 54 to 62 in 2020, a 15% increase from 2019.



Hartman said a number of other firms have been launching similar practices lately, and in an update from the report&#8217;s results, he said demand for 337 work has become even heavier this year, with 82 new complaints being filed in 2021 to go along with over 100 active investigations. Both numbers are all-time highs, he said.



&#8220;It&#8217;s a great time for Merchant &amp; Gould to add this offering,&#8221; he said. &#8220;Many of our clients have problems that Section 337 can address, including competition from imported products that can unfairly compete or infringe IP and the need to secure access to the U.S. market.&#8221;



One of the main reasons Hartman said the demand for Section 337 work has skyrocketed is because of the pandemic-driven increase in online commerce. With consumer access to more options than found in a traditional brick and mortar store, he said, many foreign producers have been able to obtain new access to American markets.



Hartman said the proportion of Chinese manufacturers selling on Amazon went from 20% to 60% in a short period of time and that while a majority of the items fall under fair trade regulations, a number had raised infringement and unfair competition claims now being addressed at the ITC.



&#8220;The increasing importance of online shopping has been a big part of the story,&#8221; he said. &#8220;Due to the pandemic, Amazon became the first shopping option for a lot of people, and that&#8217;s given U.S. consumers more options, including foreign producers. The number of Amazon sellers based abroad has gone up exponentially, and what this means is that there&#8217;s far more competition from foreign products and a subset of those raise IP infringement and unfair competition concerns.&#8221;



The creation of the new practice is the latest move in a busy 2021 for the Minnesota-based Merchant &amp; Gould, which also made a number of leadership changes in June. Partner <a href="/people/andrew-l-jagenow/">Andrew Jagenow</a> was appointed head of the firm&#8217;s <a href="/offices/denver/">Denver office</a> and partners Loretta L. Freeman and Ryan C. Smith were named co-heads of the<a href="/practices/design-patent-trade-dress/"> patent design and trade dress group</a>.



Merchant &amp; Gould has around 100 attorneys and staff in its seven offices in Atlanta; New York; Alexandria, Virginia; Denver; Minneapolis; Los Angeles and Knoxville, Tennessee, according to the firm&#8217;s website.



&#8211;Additional reporting by Tiffany Hu. Editing by Peter Rozovsky.



All Content © 2003-2021, Portfolio Media, Inc.



Law360 PDF <a href="/wp-content/uploads/2023/03/IPFirmMerchantGouldLaunchesITCPractice.pdf">Here</a>.

IP Firm Merchant & Gould Launches ITC Practice

Join us for a complimentary CLE where you&#8217;ll learn how to protect intellectual property when our lives “go virtual,” new strategies in design patent protection along with an update on recent intellectual property cases.



<h2 class="has-text-align-center wp-block-heading">Agenda</h2>



<figure class="wp-block-table"><table><tbody><tr><td>2:00-2:30 p.m.</td><td>Registration &amp; Welcome</td></tr><tr><td>&nbsp;</td><td>Introduction by <a href="https://info.merchantgould.com/collect/click.aspx?u=SFZvWEd4ZlJDY1FFVFV2M2ZiOHlJdkt2Vlh5REhMK1JDY2dNaDNsaVdlWjB6dmY1OTRvL2JGV2lkZEQ2UzIvbVhFdlNUOEFQb1EySFZobkdqaWtDRUlsZHJ3dzRzVFRucFZCQTlkRXE5UVhQTVZVQjVLL1NNM1R1Y3B6dU5LUDA=&amp;rh=ff008c6c25caedbe9751743819458cef0d1f6611" target="_blank" rel="noopener">Loretta Freeman</a>.</td></tr><tr><td>2:30-3:00 p.m.</td><td>Brand Protection in a Decentralized Landscape</td></tr><tr><td>&nbsp;</td><td>Web 1.0 debuted a portal into information and purchasing products from anywhere in the world. Web 2.0 provided a gateway to personal information via social media. Web 3.0 is where our lives go virtual, including currency and property. As the web grows, new opportunities and challenges are presented to brands. We will walk through brand protection strategies that can be used in all phases of the Web. We will also discuss the impact of Web 3.0 on trade dress and design patent rights. Presented by <a href="https://info.merchantgould.com/collect/click.aspx?u=SFZvWEd4ZlJDY1FFVFV2M2ZiOHlJdkt2Vlh5REhMK1JDY2dNaDNsaVdlWjB6dmY1OTRvL2JGV2lkZEQ2UzIvbVhFdlNUOEFQb1EySFZobkdqaWtDRUs2akNFS2NsZ2lmeWttSHcwVkVobnA0Qjc4SXFGMlRaanRuSDZvR0RoNXM=&amp;rh=ff008c6c25caedbe9751743819458cef0d1f6611" target="_blank" rel="noopener">Will Schultz</a>.</td></tr><tr><td>3:00-3:45 p.m.</td><td>Panel Discussion</td></tr><tr><td>&nbsp;</td><td><a href="https://info.merchantgould.com/collect/click.aspx?u=SFZvWEd4ZlJDY1FFVFV2M2ZiOHlJdkt2Vlh5REhMK1JDY2dNaDNsaVdlWjB6dmY1OTRvL2JGV2lkZEQ2UzIvbVhFdlNUOEFQb1EySFZobkdqaWtDRUxFTXRGOU9YUFcwakszTHdDSytZc0xHTzB6aks0cG42UT09&amp;rh=ff008c6c25caedbe9751743819458cef0d1f6611" target="_blank" rel="noopener">Ryan Smith</a> will be moderating a panel discussion of the following:
&nbsp;
<ul>
<li>Considerations for counsel in drafting design patents.</li>
<li>Patent owner considerations to factor functional aspects of the design.</li>
<li>Guidance from recent court decisions for design patent prosecution and enforcement.</li>
<li>Global protection strategies.</li>
<li>ITC and online enforcement using designs.</li>
<li>Using other IP with design patents.</li>
</ul>
</td></tr><tr><td>3:45-4:05 p.m.</td><td>3-Minute Case Summaries</td></tr><tr><td>&nbsp;</td><td>A fast-paced and energetic update on recent case law developments important to intellectual property litigation.&nbsp;Presented by <a href="https://info.merchantgould.com/collect/click.aspx?u=SFZvWEd4ZlJDY1FFVFV2M2ZiOHlJdkt2Vlh5REhMK1JDY2dNaDNsaVdlWjB6dmY1OTRvL2JGV2lkZEQ2UzIvbVhFdlNUOEFQb1EySFZobkdqaWtDRUJmNytOL09MajlaOURxdzlTMmtBM3ZPeU1mVUNYVm9zNk9BdFhwalZpTDM=&amp;rh=ff008c6c25caedbe9751743819458cef0d1f6611" target="_blank" rel="noopener">Heather Kliebenstein</a> and <a href="https://info.merchantgould.com/collect/click.aspx?u=SFZvWEd4ZlJDY1FFVFV2M2ZiOHlJdkt2Vlh5REhMK1JDY2dNaDNsaVdlWjB6dmY1OTRvL2JGV2lkZEQ2UzIvbVhFdlNUOEFQb1EySFZobkdqaWtDRU9SQ2lyRHBpMzN4NktJeXNGejZxb3dGbEk4WHNqUUt2dz09&amp;rh=ff008c6c25caedbe9751743819458cef0d1f6611" target="_blank" rel="noopener">Scott Shaw</a>.</td></tr><tr><td>4:05-6:00 p.m.</td><td>Cocktail Reception</td></tr><tr><td>Ashley Halfman</td><td>Vice President and General Counsel at Printpack</td></tr><tr><td>Yoo-Sun Park</td><td>Trademark Counsel at The Coca-Cola Company</td></tr><tr><td>Aaron Reinhardt</td><td>Assistant General Counsel at Reliance Worldwide Corporation</td></tr></tbody></table></figure>



<h2 class="wp-block-heading">Panelists</h2>



<ul>
<li>Ashley Halfman &#8211; Vice President and General Counsel at Printpack</li>



<li>Yoo-Sun Park &#8211; Trademark Counsel at The Coca-Cola Company</li>



<li>Aaron Reinhardt &#8211; Assistant General Counsel at Reliance Worldwide Corporation</li>
</ul>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<h2 class="wp-block-heading">Thursday, March 31, 2022</h2>



The Commerce Club 49th Floor 191 Peachtree St NE Atlanta, GA 30303



<a href="https://info.merchantgould.com/collect/click.aspx?u=SFZvWEd4ZlJDY1FFVFV2M2ZiOHlJdkt2Vlh5REhMK1JDY2dNaDNsaVdlYTlBOWdWU1F0TDVxYURkNWVVcGxKMXl3cERSUzhoSXZSc1QzeWcwbUNaZnVsODZHZTIya2pVbnNweVVEem1YTWZFR2hiSkt6MEZWVnh2amhpcG9oZTNVTUx0Ulp6K0o3cz0=&amp;rh=ff008c6c25caedbe9751743819458cef0d1f6611" target="_blank" rel="noopener">RSVP</a>

IP Protection in a Virtual World and Design Patent Strategies

James Rieke and Robert Sykes refresh with specialization and deep industry experience



Merchant &amp; Gould is pleased to announce new leadership for its <a></a><a href="https://www.merchantgould.com/Practices/Design-Patent-Trade-Dress">Design Patent &amp; Trade Dress Group</a>, marking a refresh with deeper specialization for its clients. <a href="https://www.merchantgould.com/people/james-p-rieke/">James P. Rieke</a>, Minneapolis partner, and <a href="https://www.merchantgould.com/people/robert-s-sykes/">Robert S. Sykes</a>, Denver partner, will co-chair the practice group, demonstrating a well-balanced leadership team in this fast-growing area of intellectual property.



The <a href="https://www.merchantgould.com/Practices/Design-Patent-Trade-Dress">Design Patent &amp; Trade Dress Group</a> serves all clients, regardless of industry or specific technical needs, helping obtain and enforce utility patents, utility models, design patents, trademarks, trade dress, copyrights and trade secrets. The group is comprised of attorneys with a deep understanding about how the different types of intellectual property (e.g., trade dress and design patents), domestically and internationally, can be used offensively and defensively in an integrated intellectual property strategy.&nbsp;



“Jim and Bob bring deep experience across many industries, and, together, they provide leadership and specialized solutions to this practice group and our firm They will keep our clients updated on the newest Design Patent &amp; Trade Dress trends, case law and comprehensive IP strategies,” said Julie Daulton, Minneapolis partner and co-chair of Merchant &amp; Gould’s Mechanical Practice Group, which interconnects with the Design Patent &amp; Trade Dress Group.



Jim has more than 20 years of domestic and international experience with a focus on patent preparation, prosecution, and strategic IP portfolio management. His unique and extensive background in design patents, a rapidly-growing niche area that helps inventors and companies with patents related to the way products look, is extremely specialized. Jim has handled an extensive volume of design patent cases over the years across a broad range of innovative industries.



Bob has more than 10 years of experience in the mechanical, electrical, aerospace, software, and telecommunication spaces.&nbsp;He incorporates his background as a structural design engineer into his law practice.&nbsp;When preparing a patent application for a client, Bob emphasizes strategic planning and detailed drafting to strive for efficiency. He believes this approach is the best way to create real value for clients and their intellectual property portfolios.



“Design patents and trade dress rights are important tools for an integrated approach to protection. We look forward to Jim and Bob’s guidance, as we expand this specialized IP service for our clients,” added David Schmaltz, Minneapolis partner and co-chair of the firm’s Mechanical Practice Group.

Design Patent & Trade Dress

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Design Patent & Trade Dress

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