Marc Levy focuses his practice on trademark, advertising and unfair competition litigation and enforcement. Marc has represented clients in these matters, including preliminary injunction hearings and trials, in federal trial and appellate courts across the country. In the advertising arena, Marc has not only represented clients in the federal courts, but also at the National Advertising Division of the Better Business Bureau. Marc also handles opposition and cancellation proceedings at the Trademark Trial and Appeal Board.
Representative cases include:
- Co-counsel for Ultreo, Inc. in successful defeat of motion for preliminary injunction by Procter & Gamble against maker of new ultrasonic power toothbrush (Procter & Gamble v. Ultreo, Inc., S.D.N.Y.)
- Represented Crocs in trade dress and design patent infringement case against maker of knock-off products (Crocs v. Australia Unlimited, D. Col.)
- Represented maker of Sonicare toothbrush in jury trial of false advertising lawsuit against Gillette, the manufacturer of the competing Braun–Oral B product (Braun v. Optiva, S.D.N.Y.)
- Obtained summary judgment for Target dismissing trademark infringement claims by Payless Shoe Source regarding use of "Get More. Pay Less." (Payless ShoeSource v. Target Brands, D. Kan.)
- Obtained summary judgment dismissing trademark infringement claim by maker of Bowflex exercise gym against longstanding Body Flex breathing and exercise program (Nautilus v. Savvier, W.D. Wash.)
- Co-trial counsel for Thermos, Inc. in jury trial in which Thermos obtained verdict dismissing claim of trade dress infringement made by owner of Stanley brand insulated bottle (Pacific Marketing v. Thermos, W.D. Wash.)
- Represented pharmaceutical company in prosecution of trademark infringement action against competing vitamin product (Everett Labs. v. Vertical Pharm., D.N.J.)
- Defeated motion for preliminary injunction by maker of Wet ‘N' Wild cosmetics sought against maker of Wild and Crazy cosmetics (Markwins Beauty Products v. Mirage Cosmetics, C.D. Cal.)
- Represented Microsoft in prosecution of trademark infringement action against manufacturer of LindowsOS operating system (Microsoft v. Lindows.com, W.D. Wash.)
Teaching Positions
Adjunct Faculty, University of Denver Sturm School of Law, Advanced Trademark Seminar (Spring 2010)
- International Trademark Association
- American Bar Association
- Washington State Bar Association
- Colorado Bar Association
- Hon. Daniel A. Moore, Jr., Alaska Supreme Court (1989-90)
- Red Flags in False Advertising
Rocky Mountain Intellectual Property Institute, Colorado Bar Association, Denver, Colorado, May (2009)
- Fraud on the Trademark Office After In re Bose: Can Trademark Owners Stop Worrying Now?
Practicing Law Institute, National Webinar, September (2009)
- Trademark Enforcement
International Business Briefing, Faegre & Benson, Denver, Colorado and Minneapolis Minnesota, October (2008)
- Advertising Law: A Primer
IP Law for the Non-IP Lawyer, Washington State Bar Association, Seattle, Washington, September (2008)
- Kate Spode & Louis Buitton: Combating International Counterfeiting
Rocky Mountain Intellectual Property Institute, Colorado Bar Association, Denver, Colorado, June (2008)
- Legislative Trends in Regulating Video Game Content
Gamer Technology Conference (LSI), Seattle, Washington, July (2005)
- Washington's Competition and Consumer Protection Act and Section 5 of the FTC Act
Unfair Competition and Consumer Protection Conference, Washington State Bar Asoc., November (2002)
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The Presumption of Irreparable Harm in Trademark Cases
Vol 20, No.4, Intellectual Property Litigation, American Bar Association, Summer (2009)
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From Genericism to Trademark Significance: Deconstructing the De Facto Secondary Meaning Doctrine
95 The Trademark Reporter 1197 Nov./Dec. (2005)
Related Practices
Intellectual Property
Intellectual Property Litigation
Litigation & Advocacy
Trademark, Copyright, Advertising & Media (T-CAM)
Related Industries
Franchising & Distribution
Sports & Entertainment
Media Mentions
04-February-2011 - Denver Post Reports Colorado Partner Announcement
11-January-2011 - Law Week Colorado Highlights Colorado Office Expansions, Promotions
Education
Harvard Law School
J.D., cum laude (1989)
University of California, Berkeley
A.B., Phi Beta Kappa (1986)
Legal Updates
15-July-2011 - Marc Levy Highlights the Legal Challenges of Keyword Advertising
02-September-2009 - Federal Circuit Reverses Controversial Medinol Decision
15-June-2009 - Am I Cured? Trademark Office Opens Door to Correcting Fraud Post-Registration
News
03-January-2011 - Faegre & Benson Welcomes Eight Lawyers to Partnership
08-May-2008 - Marc Levy Joins Faegre & Benson Trademark Litigation Practice
Bar Admissions
Colorado
Washington
Court Admissions
U.S. District Court for the District of Colorado
U.S. District Court for the Eastern District of Washington
U.S. District Court for the Western District of Washington
Events
12-October-2011 - Making Intellectual Property Work for You
07-June-2011 - Trademark Roundtable Series
24-May-2011 - Trademark Roundtable Series
05-May-2011 - Social Media Strategies: How to Leverage the Web 2.0 World While Avoiding Legal Missteps
28-April-2011 - Trademark Roundtable Series
26-April-2011 - Trademark Roundtable Series
07-April-2011 - Trademark Roundtable Series
05-April-2011 - Trademark Roundtable Series
01-February-2011 - Social Media Strategies: How to Leverage the Web 2.0 World While Avoiding Legal Missteps