Michelle Kaiser Bray focuses on trademarks, copyrights and e-commerce as part of the firm's intellectual property group. She represents a diverse client base, including multinational corporations, Internet businesses and individual artists and photographers. Michelle has extensive experience in global trademark prosecution and brand/content licensing and enforcement. She also provides counsel on domestic and international business and e-commerce transactions.

Before joining Faegre Baker Daniels, Michelle practiced law with Sommer Barnard in Indianapolis, where she chaired the intellectual property practice group, and Gardner Carton & Douglas in Chicago. Michelle also served as senior intellectual property counsel with Playboy Enterprises, Inc.

Representative Cases

• Spearheaded significant litigation resulting in pioneering case law related to IP protection and enforcement on the Internet, including the first cases relating to the seizure of infringing images from the Internet; injunctive relief and damages awards against the use of copyrighted material from Usenet feeds and the unauthorized use of famous trademarks in Web site html code; statutory damages awards for trademark counterfeiting on Web sites; relief from trademark dilution in the Internet domain name context; and protection against the unauthorized sale by Internet search engines of famous trademarks as keyword links to banner advertisements and preference placements
• Represented a machine manufacturer in copyright litigation against the unauthorized use of technical drawings
• Represented a sports franchise in trademark litigation in defense of team logos
• Represented a local restaurant owner in trademark litigation against encroachment by national chain
• Represented an e-tailer in trademark litigation against domain name piracy by competitor
• Represented a home builder in copyright litigation relating to architectural works

Honors

• Indiana Super Lawyers — Rising Star, Intellectual Property, 2009
• Charles L. Whistler Pro Bono Award — Faegre Baker Daniels, 2007
• Women & Hi-Tech — Leading Light Awards Nominee
• John Marshall Journal of Computer and Information Law — Executive Production Editor

Civic Activities

• Creative Arts Legal League — Vice President 
• Xavier University Women of Excellence Program — Mentor

Professional Associations

• International Trademark Association — Famous & Well-Known Marks Subcommittee, 2010-11; Dilution & Well-Known Marks Subcommittee, 2008-09; Trademark Legislative Subcommittee, 2006-07; and Internet Subcommittee, 2004-05
• Indianapolis Bar Association — Intellectual Property Section, Immediate Past Chair
• California State Bar Association

Publications

• "Trends in Cyberspace Law: Brand Evolution in a Social Media Minute," Inside the Minds: Understanding Developments in Cyberspace Law, Aspatore Books, 2011
• "Parody and the Trademark Dilution Revision Act: Are U.S. Courts Chewing, Charring and Wiping Away the Rights of Famous Trademark Owners?" co-author with Catherine Mennenga, Dolores Moro and Robyn Lederman, INTA Bulletin, Vol. 64, No. 19, October 15, 2009
• "President Signs U.S. Trademark Dilution Revision Act Into Law," co-author with Stephanie Hale, Indiana Lawyer, Vol. 17, No. 18, November 2006
• "Ninth Circuit Clarifies Law Relating to Search-Engine Advertising," Indianapolis Business Journal, April 2004
• "Today's Morphing Media: Securing Electronic Rights to Content," Cyber Strategies: At the Frontier of Law & Business, Vol. 3, No. 2, Winter 2001
• "Trademark Piracy Online: Five Years into the E-Commerce Explosion, the Battle for Brand Protection Continues," E-Commerce Law Journal, Vol. 1, No. 4, April 2001
• Foreword, "Intellectual Property Law in Cyberspace," G. Peter Albert Jr., and Laff, Whitesel & Saret, Ltd., published by BNA Books, 1999
• "Self-Regulation Versus Litigation – Should NICs be Responsible for Checking the Validity of Domain Names?" May Supplement of Intellectual Property Publishing's Trademark World, 1999

Presentations

• "Navigating the Legal Hurdles in Health Care Marketing," co-presenter with Patrick Cross, Fineline University/SkillPath Seminars, Indianapolis, 2011
• "Trademark Law in the Fashion and Apparel Industries," Roundtable co-host with Amberly Martin, Redcats USA, Inc., International Trademark Association, Indianapolis, 2011
• "Navigating India and China's Legal Environs: Intellectual Property and Dispute Avoidance," co-presenter with Angie Castille, U.S. Commercial Service Conference, Indianapolis, June 17, 2010
• Ethics in Intellectual Property Practice," Indiana Continuing Legal Education Forum (ICLEF), Indianapolis, 2009
• "Artists' Roundtable," Business Ownership Initiative of Indiana (BOI), 2009
• Ethical Issues in Intellectual Property," Indianapolis Bar Association, Intellectual Property Division, Indianapolis, 2007
• "Developments in Fraud Upon the U.S. Patent and Trademark Office," Roundtable Host, International Trademark Association, Indianapolis, 2006
• "What Marketers Need to Know About CAN-SPAM and FTC Regulations," TechPoint Marketing Peer Group, Indianapolis, 2006
• "Trends in Intellectual Property Damages: A Roundtable Discussion," Moderator, Indianapolis Bar Association, Intellectual Property Division, Indianapolis, 2006
• "Patent, Trademark & Copyright-Advanced Roundtable Discussion," Moderator, Indianapolis Bar Association, Intellectual Property Division, Indianapolis, 2006
• "E-Commerce and Marketing – Emerging Practices and Pitfalls," Indiana Technology Summit 8 (TechPoint), Indianapolis, 2005
• "Welcome to the Real World," International Trademark Association Famous and Well-Known Marks Forum, Brussels, Belgium, 2004
• "A Fresh Look at Copyright Law - Advanced Roundtable Discussion," Indianapolis Bar Association Intellectual Property Division, Indianapolis, 2004
• "The Madrid Protocol: Obtaining Multinational Trademark Protection through a Centralized Registration System," Indianapolis Bar Association International Law Division, Indianapolis, 2003
• "Intellectual Property - Hot Issues," Sommer Barnard, PC, Indianapolis, 2003
• "Publishing and Intellectual Property Issues," Northwestern University Medill School of Journalism, Evanston, 2002
• "Trademarks in Cyberspace," International Trademark Association Basics of U.S. Trademark Law Forum, Dallas, 2002
• "Hot Issues on the Internet: Trademarks and Domain Names, Metatags and Keyword Buys, A First Amendment/Fair Use Analysis," International Trademark Association Leadership Meeting, Naples, Fla., 2001
• "Trademarks Online," The Law School of the University of Southern California 22nd Annual Computer and Internet Law Institute, Los Angeles, 2001; "Cyberlaw Litigation," DePaul Law School, Chicago, 2001
• "Online Trademark Piracy," Chicago Bar Association YLS Intellectual Property Committee Meeting, Chicago, 2001
• "Formulating an International Domain Name Strategy," Fulcrum Domain Name Protection, Litigation & Management Summit, San Francisco, 2001
• Panel Discussion on Electronic Commerce, "New Legal Developments Affecting Day-to-Day Business," 13th National Forum for Women Corporate Counsel, Chicago, 2000
• "Where Everybody Knows Your Name: Raising the Bar When It Comes to Internet Branding, Trademarks and Domain Names," IICLE, Chicago, 2000
• "Understanding Basic Copyright Law," PLI, Chicago, 2000
• Panel Discussion of Electronic Commerce, PLI's 4th Annual Internet Law Institute, San Francisco, 2000
• Panel Discussion on Litigation of Domain Name and Internet-related Trademark Infringement Matters, American Intellectual Property Law Association's Spring Meeting, Pittsburgh, May 2000
• Guest Lecturer, "Trademark Law in Cyberspace," DePaul Law School, Chicago, 2000
• "Intellectual Property and the Internet," CBA Young Lawyers Section – Intellectual Property Committee, Chicago, 1999
• "Taking the Plunge into E-Commerce: Is Your Business Ready? (Protecting Intellectual Property on the Internet – Yes, You Can!)," Hosted by Alston & Bird LLP, Atlanta, 1999
• "Protecting and Enforcing Intellectual Property on the Internet," American Bar Association's Annual Summer IPL Conference, San Francisco, 1999
• Panel Discussion on Domain Name Registration and Dispute Resolution Issues, Intellectual Property Law Association of Chicago, Chicago, 1999
• "The Internet and the Law," The National Forum for Women Corporate Counsel, Chicago, 1998
• In-House Counsel Panel on How Companies Resolve and Avoid Problems on Their Internet Sites, PLI's Second Annual Internet Law Institute, San Francisco, 1998
• Presentation on Expectation of Foreign Counsel in Trademark Matters, Multilaw Intellectual Property Special Interest Group, Boston, 1998
• Luncheon Speaker, "Worldwide Enforcement of Trademark Rights," Intellectual Property Law Association of Chicago's Annual Trademark Seminar, Chicago, 1998
• Panel Discussion: "View from the Trenches: What Kind of Problems Are Protectors of Creativity Facing?" Internet Content Coalition, Los Angeles, 1998
• "Monitoring and Prosecuting Infringements of Intellectual Property," JMLS Center for Information, Technology & Privacy Law and CBA Computer Law Committee, Chicago, 1998
• "Protecting the Brand," Playboy Licensing Conference, Beverly Hills, Calif., 1997