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

  • B&I University: AI and the Hidden IP Risks You Need to Know 
    • Events

    As retailers increasingly use AI tools to enhance and inform operations, they must understand the…

  • 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…

View All News

Case Studies

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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…

  • New Jersey’s Summer Surprise: Last-Second Privacy Bill Will Snare More Retailers

    Seemingly out of nowhere, the New Jersey legislature just passed a privacy law that requires immediate attention. The law (1) applies to any business or person who collects, sells, or licenses, the personal information of New Jersey residents; (2) places immediate restrictions on the sale of sensitive personal data to third-party data brokers by anyone;…

  • Tax Notes State: The Audits Are Coming! The Audits Are Coming!

    On May 11, Jamie Szal wrote a story for Tax Notes State titled “The Audits Are Coming! The Audits Are Coming!” The article discusses the surge in state and local tax audits facing businesses nationwide, especially after the Supreme Court’s Wayfair decision. Companies, particularly in e-commerce, are now subject to overlapping audits from multiple states…

  • B&I University: CA’s Textile and Apparel Extended Producer Responsibility Program

    In 2024, California passed legislation that flew under the radar, establishing a first-of-its-kind Extended Producer Responsibility regime that targets the apparel and textile industries. That program goes into effect this month. Join partner Jamie Szal to learn more about the program and what action items may be on your horizon in the coming months. Wednesday,…

  • Peter Lowe and David Joyce Present at Maine State Bar Association’s Summer Conference

    Partners Peter Lowe and David Joyce gave a well-attended presentation at the 2026 Summer Bar Conference in Rockport, Maine. Their session focused on one of the biggest issues currently facing employers globally: practical steps to manage AI in the workplace. They shared the risks associated with using AI for HR and employment decisions, the emerging…

  • Illinois Offers Amnesty Program For Remote Sellers

    The 2025 Illinois Tax Delinquency Amnesty Act authorized the Illinois Department of Revenue to offer up two amnesty programs, allowing taxpayers who need to triage historical liabilities – either due to underreporting or non-reporting – to come forward and establish a clean slate with the state. This alert covers the second program, which is designed…

  • Vermont Finally Settles On A Consumer Privacy Law

    After several years of back and forth over competing draft proposals, Vermont has finally settled on – and signed into law – a consumer privacy law. The language of the ultimately successful version is largely taken from the amendments to neighboring Connecticut’s own privacy law, which we wrote about a few weeks back (read here).…

  • Louisiana’s Catch-All Privacy Law Threshold For Businesses Over $25M

    Louisiana recently became the umpteenth (22nd, if you are keeping score) state to pass a comprehensive consumer data privacy law. While the majority of the provisions track the now-mainstream model, there is at least one eye-raising provision when it comes to applicability. Following California, Louisiana’s data privacy law applies to any entity that does business in…

  • Brann & Isaacson Partner Jamie Szal Presents at Global Women in Law & Leadership Symposium at United Nations

    Brann & Isaacson today announced that Partner Jamie Szal will serve as a keynote speaker at the Global Women in Law & Leadership Symposium at the United Nations in New York on June 17. The Global Women in Law & Leadership Symposium supports the success of women and their allies in law and business. It is organized by the Association…

  • Brann & Isaacson Earns Broad Recognition in 2026 Super Lawyers Rankings

    Brann & Isaacson is pleased to announce that eleven of the firm’s attorneys have been recognized in the 2026 editions of New England Super Lawyers and New England Rising Stars.  The following Brann & Isaacson attorneys were selected to the 2026 New England Super Lawyers list:• Peter Brann – Intellectual Property Litigation • Martin Eisenstein – Tax • Kevin Haley – Intellectual Property • Peter Lowe –…

  • ‘Ask the Attorneys’ at the ACMA National Forum 

    Brann & Isaacson partners Dave Joyce, David Bertoni and Nat Bessey attended the American Commerce Marketing Association’s (ACMA) 19th Annual National Forum in Washington, D.C., in May, where they spoke on several panels covering legal and regulatory issues affecting the direct and remote marketing industry.   One of the conference highlights was the popular “Ask the Attorneys” session, which gave ACMA members…

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…

  • New Jersey’s Summer Surprise: Last-Second Privacy Bill Will Snare More Retailers

    Seemingly out of nowhere, the New Jersey legislature just passed a privacy law that requires immediate attention. The law (1) applies to any business or person who collects, sells, or licenses, the personal information of New Jersey residents; (2) places immediate restrictions on the sale of sensitive personal data to third-party data brokers by anyone;…

  • Tax Notes State: The Audits Are Coming! The Audits Are Coming!

    On May 11, Jamie Szal wrote a story for Tax Notes State titled “The Audits Are Coming! The Audits Are Coming!” The article discusses the surge in state and local tax audits facing businesses nationwide, especially after the Supreme Court’s Wayfair decision. Companies, particularly in e-commerce, are now subject to overlapping audits from multiple states…

  • B&I University: CA’s Textile and Apparel Extended Producer Responsibility Program

    In 2024, California passed legislation that flew under the radar, establishing a first-of-its-kind Extended Producer Responsibility regime that targets the apparel and textile industries. That program goes into effect this month. Join partner Jamie Szal to learn more about the program and what action items may be on your horizon in the coming months. Wednesday,…

  • Peter Lowe and David Joyce Present at Maine State Bar Association’s Summer Conference

    Partners Peter Lowe and David Joyce gave a well-attended presentation at the 2026 Summer Bar Conference in Rockport, Maine. Their session focused on one of the biggest issues currently facing employers globally: practical steps to manage AI in the workplace. They shared the risks associated with using AI for HR and employment decisions, the emerging…

  • Illinois Offers Amnesty Program For Remote Sellers

    The 2025 Illinois Tax Delinquency Amnesty Act authorized the Illinois Department of Revenue to offer up two amnesty programs, allowing taxpayers who need to triage historical liabilities – either due to underreporting or non-reporting – to come forward and establish a clean slate with the state. This alert covers the second program, which is designed…

  • Vermont Finally Settles On A Consumer Privacy Law

    After several years of back and forth over competing draft proposals, Vermont has finally settled on – and signed into law – a consumer privacy law. The language of the ultimately successful version is largely taken from the amendments to neighboring Connecticut’s own privacy law, which we wrote about a few weeks back (read here).…

  • Louisiana’s Catch-All Privacy Law Threshold For Businesses Over $25M

    Louisiana recently became the umpteenth (22nd, if you are keeping score) state to pass a comprehensive consumer data privacy law. While the majority of the provisions track the now-mainstream model, there is at least one eye-raising provision when it comes to applicability. Following California, Louisiana’s data privacy law applies to any entity that does business in…

  • Brann & Isaacson Partner Jamie Szal Presents at Global Women in Law & Leadership Symposium at United Nations

    Brann & Isaacson today announced that Partner Jamie Szal will serve as a keynote speaker at the Global Women in Law & Leadership Symposium at the United Nations in New York on June 17. The Global Women in Law & Leadership Symposium supports the success of women and their allies in law and business. It is organized by the Association…

  • Brann & Isaacson Earns Broad Recognition in 2026 Super Lawyers Rankings

    Brann & Isaacson is pleased to announce that eleven of the firm’s attorneys have been recognized in the 2026 editions of New England Super Lawyers and New England Rising Stars.  The following Brann & Isaacson attorneys were selected to the 2026 New England Super Lawyers list:• Peter Brann – Intellectual Property Litigation • Martin Eisenstein – Tax • Kevin Haley – Intellectual Property • Peter Lowe –…

  • ‘Ask the Attorneys’ at the ACMA National Forum 

    Brann & Isaacson partners Dave Joyce, David Bertoni and Nat Bessey attended the American Commerce Marketing Association’s (ACMA) 19th Annual National Forum in Washington, D.C., in May, where they spoke on several panels covering legal and regulatory issues affecting the direct and remote marketing industry.   One of the conference highlights was the popular “Ask the Attorneys” session, which gave ACMA members…

View All Retail & E-Commerce News