Services

Intellectual Property

Brann & Isaacson advises companies, from start-ups to brand-name companies with large trademark and copyright portfolios, on the proper care of their intellectual property. On behalf of these clients, we have litigated patent, trademark, trade dress, and copyright cases in the International Trade Commission and in federal court in over 20 states.

Litigation Protection

Intellectual Property Litigation

Brann & Isaacson has litigated patent, trademark, trade dress, and copyright cases in the International Trade Commission and in federal court in over 20 states, including the busiest intellectual property districts of the country. In patent matters, the firm defends cases brought by patent trolls and others “monetizing” their patent portfolios. We primarily represent retailers, both large and small, including over a dozen of the 100 largest internet retailers and do not believe that “one size fits all.” Whatever the client’s best interest may be—a joint defense, a go-it-alone strategy; aggressive litigation,  a cost-of-defense settlement—will be the path we take.

Two modern black chairs in a stylish office with large windows.

“Stacy Stitham is an excellent technical lawyer and helps us with discovery and case assessment in patent infringement cases, and Peter Brann helps in negotiating on our behalf both with patent holders and with our indemnitors. They are very practical, no–nonsense lawyers—how to mitigate risk and not get bogged down.” 

Benchmark Litigation

Where We Excel

Litigation Approach

“Thinking outside the box” is not a cliché at B&I. In some cases, we negotiate license agreements. In others, we chart our own course, emphasizing our clients’ unique defenses. We may pursue indemnification so that our clients’ vendors can hire their own lawyers and litigate or settle the case, and let our clients get back to business. But the goal is always the same—resolve each matter satisfactorily, soon, and as inexpensively as possible.

Although we collaborate with co-defendants, we are willing to march to the beat of our own drummer. We have convinced plaintiffs to drop their claims or dismiss their lawsuits in light of unique arguments or defenses we have presented. In other cases, once plaintiffs are convinced our clients are a “one-off,” they have lowered their settlement demands by 90% or more. If we cannot convince plaintiffs to drop the case or moderate their demands, we can, and will, litigate the case vigorously through final judgment.

Representative Matters

B&I has handled patent, trademark, trade dress, and copyright cases primarily on behalf of retailers in federal court in Arizona, California, Delaware, Georgia, Idaho, Illinois, Indiana, Maine, Maryland, Massachusetts, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Texas, Utah, and Washington, and has handled patent cases in the International Trade Commission.

In addition to representing clients at the trial level, we represent retailers and others in intellectual property cases on appeal. We have extensive appellate experience, having handled over 80 appeals in both intellectual property and other types of cases for public and private clients in the U.S. Supreme Court, most of the U.S. Courts of Appeals, and numerous state appeals courts. We have filed on behalf of numerous retailers and retail organizations friend of the court briefs and have participated in moot courts in the U.S. Supreme Court and the Federal Circuit in many of the major patent cases of the last few years.

Intellectual Property Protection

Brann & Isaacson advises companies, from start-ups to brand-name companies with large trademark and copyright portfolios, on the proper care of their intellectual property. Our extensive work in the catalog and online merchant space gives us the depth and breadth of expertise to assess a trademark or copyright issue and move quickly to an action plan. We have successfully searched and cleared thousands of potential trademarks, and are responsible for the prosecution and maintenance of thousands of marks in the United States and around the world. Whether a client’s needs include selecting a new brand or product name or dealing with a letter alleging trademark or copyright infringement, we have the tools and experience to help clients identify and achieve quickly the best business solution.

Where We Excel

Trademark & Copyright Protection

B&I leverages efficient web-based technologies to provide cost-effective, practical, timely advice, including brand selection and counseling. We have extensive experience clearing trademarks and providing clearance opinions. Our veteran team of trademark professionals has extensive experience quickly and efficiently filing applications for trademark registration with the U.S. Patent and Trademark Office.

We manage marks for our clients throughout the world. We understand the need, the tools, and the costs. Whether it involves a Madrid Protocol filing, an Andean Pact filing, or a national registration in one or more distant countries, we help clients identify the right solution for their business. We maintain a worldwide network of relationships with intellectual property lawyers and are accustomed to managing trademark portfolios for clients throughout the world, including searching, registering, docketing, and enforcing marks.

Our representation of leading software, publishing, and mapping companies leaves us well positioned to guide clients through the thicket of copyright registration, licensing, and compliance issues.

Intellectual Property Counseling

B&I’s focus on practical business solutions serves our clients well in the area of intellectual property counseling. We often review advertisements and web sites and counsel clients regarding trademark, copyright and unfair competition issues.  We pride ourselves on assisting clients in navigating the tangled web of regulation relating to unfair competition and intellectual property issues, at the same time minimizing the impact of compliance issues on the client’s marketing message.

The internet presents unique challenges for trademark owners. Due to our representation of many web-based businesses, we understand the risks as well as the tools for managing risk efficiently and cost effectively. Whether clients need to deal with a cyber-squatter, address a licensing problem, or develop a strategy for monitoring misuses of the clients’ brand online, we have the experience to guide clients through the process.

Our Intellectual Property Team

Primary Contact

Stacy Stitham

Email: sstitham@brannlaw.com

Phone: 207.786.3566

  • Nathaniel Bessey

    Nathaniel Bessey

    Partner

  • Peter Brann

    Peter Brann

    Partner

  • Kevin Haley

    Kevin Haley

    Partner

  • Stacy Stitham

    Stacy Stitham

    Managing Partner

  • David Swetnam Burland

    David Swetnam-Burland

    Partner

Recent News

  • Brann & Isaacson Recognized Nationally for Leadership in Litigation & Intellectual Property
    • Firm Updates

    Brann & Isaacson, a law firm with offices in both Lewiston and Portland, Maine, has…

  • Plan Now for New California Privacy Regulations
    • Client Alerts

    This summer, the California Privacy Protection Agency (Agency) approved final regulations (Regulations) governing automated decision-making…

  • Nine Brann & Isaacson Attorneys Recognized by The Best Lawyers in America®
    • Firm Updates

    Brann & Isaacson (B&I), a law firm with offices in both Lewiston and Portland, Maine, is…

View All News

Case Studies

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View Case Studies

Recent
Cases

  • Former Price Promotions, Current Legal Risk

    Former price promotions, you say? Plus ça change, plus c’est la même chose. This isn’t just a quote from Jean-Baptiste Alphonse Karr or a line from Circumstances by Rush. It’s also a fitting description of the risks associated with California’s thorny and potentially unconstitutional Business & Professions Code § 17501. The combination of this statute and avaricious lawyers is…

  • Hanna Wurgaft Named Partner at Brann & Isaacson

    Brann & Isaacson, a law firm with offices in both Lewiston and Portland, has announced that Hanna Wurgaft has been made a partner of the firm. Hanna has been with Brann & Isaacson for six years and advises clients on labor and employment law, education and municipal law, and litigation.   Over the past six years, Hanna has built a statewide reputation representing employers and educational institutions in complex employment and education…

  • B&I University: 2026 Trends for E-Commerce Companies to Watch For

    Join partners Jamie Szal and David Bertoni as we debate the top trends we see coming for e-commerce companies in 2026. This conversation will cover taxes, privacy, other regulatory compliance, litigation, and other issues that e-commerce companies will face. Register now here.

  • Tax State Notes: Top State And Local Tax Policies Of 2025 

    On December 22, 2025, Tax State Notes published a comprehensive article on the “Top State And Local Tax Policies Of 2025”. The story quotes B&I attorney David Swetnam-Burland and our client, the American Commerce Marketing Association.   As Tax State Notes writes: “Under what is known as the cookie regulation in Massachusetts, finalized in October, out-of-state retailers with more than $500,000 in annual sales in the state that place cookies…

  • Peter Brann Teaches Again at Harvard Law School

    Partner Peter Brann is once again teaching at Harvard Law School this semester his popular class, The Role of the State Attorney. The accompanying externship clinic has one of the longest wait lists of any clinic at Harvard. He has taught or co-taught this class as a Visiting Lecturer in Law since 2010 at Columbia…

  • Companies that Have Paid IEEPA Tariffs Should Consider Filing Protective Lawsuits Now

    Companies that have paid IEEPA tariffs being challenged in the Supreme Court should consider filing protective lawsuits now in the Court of International Trade seeking refunds in the event the Supreme Court invalidates the tariffs. It has been reported that the Administration is playing hardball, denying requests to extend the 314-day deadline to “liquidate” the tariffs. “The…

  • Wicked Compliance: Defying the Audit Witch and Flying Free with Smart Billing Strategies 

    On November 17, 2025, Jamie Szal and Martin Eisenstein co-authored an article for Mailer’s Hub newsletter, “Wicked Compliance: Defying the Audit Witch and Flying Free with Smart Billing Strategies”.   As they write, “Direct mail producers specializing in high-volume marketing for ecommerce clients face a hydra-headed monster in the form of state sales tax compliance, where unforced errors in billing or sourcing…

  • Brann & Isaacson Closes Year of Growth with Acquisition of Dover-Foxcroft Practice

    Brann & Isaacson is expanding its respected Maine practice with a new satellite office in Dover-Foxcroft. Following many years of serving as a referral source for Piscataquis and Penobscot County residents in need of corporate and business law, estate planning, and commercial real estate services, on January 1st, B&I will take over the former Hayes…

  • Tax State Notes: Extraterritorial Regulation and the Internet 

    On November 17, 2025, David Swetnam-Burland and Nathaniel A. Bessey co-authored an ‘Eyes on E-Commerce’ article for Tax State Notes.   In “Here, There, and Everywhere: Extraterritorial Regulation and the Internet,” Swetnam-Burland and Bessey explore efforts of states and localities to expand the scope of their legal authority in the internet age beyond their geographical borders. They discuss how those efforts are tacitly changing the balance of federal…

  • Brann & Isaacson Recognized Nationally for Leadership in Litigation & Intellectual Property

    Brann & Isaacson, a law firm with offices in both Lewiston and Portland, Maine, has been recognized for its leadership in litigation and intellectual property.  The 2026 edition of Benchmark Litigation has named B&I attorneys Stacy Stitham, Peter Brann, and David Swetnam-Burland as “Litigation Stars.” Known as the definitive guide to the world’s leading litigation firms and…

  • Brann & Isaacson Welcomes Former Federal Prosecutor David Joyce as Partner

    Brann & Isaacson, a law firm with offices in both Lewiston and Portland, Maine, is pleased to announce that David Joyce has joined the firm as a Partner in its Litigation practice. David joins B&I after two decades of federal prosecutorial experience, most recently as Assistant United States Attorney. Throughout his 17-year tenure at the…

View All Cases

Retail & E-Commerce News

  • Former Price Promotions, Current Legal Risk

    Former price promotions, you say? Plus ça change, plus c’est la même chose. This isn’t just a quote from Jean-Baptiste Alphonse Karr or a line from Circumstances by Rush. It’s also a fitting description of the risks associated with California’s thorny and potentially unconstitutional Business & Professions Code § 17501. The combination of this statute and avaricious lawyers is…

  • Hanna Wurgaft Named Partner at Brann & Isaacson

    Brann & Isaacson, a law firm with offices in both Lewiston and Portland, has announced that Hanna Wurgaft has been made a partner of the firm. Hanna has been with Brann & Isaacson for six years and advises clients on labor and employment law, education and municipal law, and litigation.   Over the past six years, Hanna has built a statewide reputation representing employers and educational institutions in complex employment and education…

  • B&I University: 2026 Trends for E-Commerce Companies to Watch For

    Join partners Jamie Szal and David Bertoni as we debate the top trends we see coming for e-commerce companies in 2026. This conversation will cover taxes, privacy, other regulatory compliance, litigation, and other issues that e-commerce companies will face. Register now here.

  • Tax State Notes: Top State And Local Tax Policies Of 2025 

    On December 22, 2025, Tax State Notes published a comprehensive article on the “Top State And Local Tax Policies Of 2025”. The story quotes B&I attorney David Swetnam-Burland and our client, the American Commerce Marketing Association.   As Tax State Notes writes: “Under what is known as the cookie regulation in Massachusetts, finalized in October, out-of-state retailers with more than $500,000 in annual sales in the state that place cookies…

  • Peter Brann Teaches Again at Harvard Law School

    Partner Peter Brann is once again teaching at Harvard Law School this semester his popular class, The Role of the State Attorney. The accompanying externship clinic has one of the longest wait lists of any clinic at Harvard. He has taught or co-taught this class as a Visiting Lecturer in Law since 2010 at Columbia…

  • Companies that Have Paid IEEPA Tariffs Should Consider Filing Protective Lawsuits Now

    Companies that have paid IEEPA tariffs being challenged in the Supreme Court should consider filing protective lawsuits now in the Court of International Trade seeking refunds in the event the Supreme Court invalidates the tariffs. It has been reported that the Administration is playing hardball, denying requests to extend the 314-day deadline to “liquidate” the tariffs. “The…

  • Wicked Compliance: Defying the Audit Witch and Flying Free with Smart Billing Strategies 

    On November 17, 2025, Jamie Szal and Martin Eisenstein co-authored an article for Mailer’s Hub newsletter, “Wicked Compliance: Defying the Audit Witch and Flying Free with Smart Billing Strategies”.   As they write, “Direct mail producers specializing in high-volume marketing for ecommerce clients face a hydra-headed monster in the form of state sales tax compliance, where unforced errors in billing or sourcing…

  • Brann & Isaacson Closes Year of Growth with Acquisition of Dover-Foxcroft Practice

    Brann & Isaacson is expanding its respected Maine practice with a new satellite office in Dover-Foxcroft. Following many years of serving as a referral source for Piscataquis and Penobscot County residents in need of corporate and business law, estate planning, and commercial real estate services, on January 1st, B&I will take over the former Hayes…

  • Tax State Notes: Extraterritorial Regulation and the Internet 

    On November 17, 2025, David Swetnam-Burland and Nathaniel A. Bessey co-authored an ‘Eyes on E-Commerce’ article for Tax State Notes.   In “Here, There, and Everywhere: Extraterritorial Regulation and the Internet,” Swetnam-Burland and Bessey explore efforts of states and localities to expand the scope of their legal authority in the internet age beyond their geographical borders. They discuss how those efforts are tacitly changing the balance of federal…

  • Brann & Isaacson Recognized Nationally for Leadership in Litigation & Intellectual Property

    Brann & Isaacson, a law firm with offices in both Lewiston and Portland, Maine, has been recognized for its leadership in litigation and intellectual property.  The 2026 edition of Benchmark Litigation has named B&I attorneys Stacy Stitham, Peter Brann, and David Swetnam-Burland as “Litigation Stars.” Known as the definitive guide to the world’s leading litigation firms and…

  • Brann & Isaacson Welcomes Former Federal Prosecutor David Joyce as Partner

    Brann & Isaacson, a law firm with offices in both Lewiston and Portland, Maine, is pleased to announce that David Joyce has joined the firm as a Partner in its Litigation practice. David joins B&I after two decades of federal prosecutorial experience, most recently as Assistant United States Attorney. Throughout his 17-year tenure at the…

View All Retail & E-Commerce News