Michael Smith concentrates his practice in the areas of patent prosecution as well as other intellectual property matters. Mr. Smith is a registered patent attorney and represents clients in matters pertaining to patent, trademark, copyright, trade secret, and unfair competition law. He is co-leader of the firm’s Intellectual Property Team.
REPRESENTATIVE EXPERIENCE
- Represent the owner and publisher of 40 daily newspapers and numerous other publications in 11 states, including representation in the acquisition, policing, and enforcement of federal trademark rights, domain name disputes, and intellectual property licensing
- Represent international toy manufacturer in patent, trademark infringement, and copyright litigation in the United States District Court for the Central District of California
- Represent local nursery and landscaping business in federal trademark infringement and dilution litigation in the United States District Court for the Northern District of West Virginia
- Negotiated trademark settlement for local resort against newly opened bar and restaurant seeking to use similar name
- Represented t-shirt manufacturer accused of federal trademark infringement and dilution based on Father’s Day t-shirts which were parodies of companies’ logos
- Defended medical billing software manufacturer in trademark infringement litigation in the United States District Court for the Northern District of West Virginia, resulting in summary judgment of non-infringement and abandonment of federal trademark registration
- Defended manufacturer of mine safety equipment in utility and design patent infringement litigation in the United States District Court for the Southern District of West Virginia, resulting in summary judgment of non-infringement
AREAS OF CONCENTRATION
- Patent prosecution and litigation
- Trademark prosecution, litigation, and proceedings before the TTAB
- Copyright litigation
- Domain name disputes
- IP licensing
- IP validity and noninfringement opinions
PROFESSIONAL EXPERIENCE
2001 Steptoe & Johnson
PROFESSIONAL MEMBERSHIPS
- American Intellectual Property Law Association
- American Bar Association, Intellectual Property and Sports & Entertainment Lawyer sections
INDUSTRY / CIVIC MEMBERSHIPS
- Director, Gateway New Economy Council
- Board Member, TechConnect WV
- Affiliate Leadership Council, West Virginia High Technology Consortium Foundation
- The First Tee of West Virginia at the Eastern Panhandle
PUBLICATIONS / SPEAKING ENGAGEMENTS
- Speaker at West Virginia CLE seminar concerning trademark basics for business lawyers
- Presenter at 2009 Mid-Atlantic SBIR/STTR Conference, Morgantown, West Virginia
- Presenter at various WV Export Council and Eastern Panhandle Entrepreneur’s Forum events
- Adjunct Lecturer, West Virginia University College of Law
- “The Role of Trademarks in Developing a Brand Image,” Mountain State Manufacturing Magazine