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…

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

    As retailers increasingly use AI tools to enhance and inform operations, they must understand the legal framework governing their deployment to protect their brands. Join Stacy Stitham, Managing Partner at B&I, for our upcoming B&I University webinar on Wednesday, May 20. In the presentation, we will explore the critical intersection of:  The webinar will conclude with general risk mitigation strategies businesses can implement as they integrate AI into…

  • Privacy Revisited: Connecticut’s Substantial Amendments Take Effect July 1, 2026

    Connecticut has given its privacy law a facelift for 2026, with significant changes taking effect starting July 1. Read about the notable amendments here. As always, we remind you that a client alert is not legal advice and urge you to reach out to a member of our team with questions. Stacy O. Stitham |sstitham@brannlaw.com…

  • Nathaniel Bessey Selected to Serve Third Term on Law360’s 2026 Tax Authority State & Local Editorial Board 

    Brann & Isaacson congratulates Nathaniel Bessey on being invited to serve on Law360’s 2026 Tax Authority State & Local Editorial Board. This is Nat’s third term on the board.   Nat represented the American Commerce Marketing Association (ACMA) in its successful court challenge of California Franchise Tax Board guidance the effect of which would have removed important federal protections relied upon by out-of-state business engaged…

  • Portland Press Herald: Peter Brann on Ranked-Choice Voting

    Brann & Isaacson partner Peter Brann was quoted in the Portland Press Herald on April 1 in a story titled “Maine high court hears arguments for and against expansion of ranked-choice voting.” Supporters and opponents of a proposed expansion of ranked-choice voting in Maine presented conflicting arguments to the state’s high court Wednesday on whether…

  • Brann & Isaacson Offers Guidance on Maine Paid Family and Medical Implementation 

    As Maine’s Paid Family and Medical Leave (PFML) program moves closer to full implementation on May 1, 2026, Brann & Isaacson is emerging as a leading authority for employers statewide seeking clear, practical guidance on the new law’s requirements and real-world implications.  The firm’s recent webinar on PFML on March 5 drew more than 300 employers from across the state, underscoring both the widespread impact of the program and the uncertainty many organizations continue…

  • B&I University: SCOTUS Invalidates Emergency Tariffs

    In the weeks since the Supreme Court’s decision invalidating emergency (IEEPA) tariffs, there has been a whirlwind of activity among multiple US Courts in connection with tariffs enforced (or, rather, attempted to be enforced) by the current presidential administration. We’ll discuss this in an upcoming B&I University webinar on Wednesday, March 18. Join the B&I…

  • Upcoming Webinar: Maine Paid Family Medical Leave

    By now, employers in Maine will be familiar with the basics of Maine’s Paid Family Medical Leave (MPFML) program. What employers are looking for is guidance on implementation of the program on May 1st.  Join us for a webinar on Thursday, March 5 at 12pm ET. The session is designed to address the practical realities…

  • Peter Brann Discusses Tariffs on Maine State Chamber Podcast

    Brann & Isaacson partner Peter Brann was invited to speak on The Bottom Line, a podcast produced by the Maine State Chamber of Commerce. He discusses the Supreme Court’s recent decision striking down tariffs imposed under the International Emergency Economic Powers Act—and breaks down what the ruling means for presidential authority, congressional power, and the…

  • Maine Legislature Considering Problematic New Privacy Bill

    On February 10, 2026, Maine’s House of Representatives passed LD 1822, the Maine Online Data Privacy Act. This law surfaced in early 2025, then, as now, it faced stiff opposition from the business community. On behalf of the Maine State Chamber of Commerce, we lobbied last spring to abandon LD 1822 in favor of a…

  • Supreme Court Invalidates Emergency Tariffs: What It Means and What’s Next

    IEEPA tariffs declared invalid. As you’ve probably heard, the Supreme Court definitively invalidated all International Emergency Economic Powers Act (IEEPA) tariffs in a 6–3 opinion today in Learning Resources v. Trump. Cutting through the legalese, the majority held IEEPA does not authorize the President to impose tariffs, full stop.  What’s next? The Court resolved a separate question about…

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…

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

    As retailers increasingly use AI tools to enhance and inform operations, they must understand the legal framework governing their deployment to protect their brands. Join Stacy Stitham, Managing Partner at B&I, for our upcoming B&I University webinar on Wednesday, May 20. In the presentation, we will explore the critical intersection of:  The webinar will conclude with general risk mitigation strategies businesses can implement as they integrate AI into…

  • Privacy Revisited: Connecticut’s Substantial Amendments Take Effect July 1, 2026

    Connecticut has given its privacy law a facelift for 2026, with significant changes taking effect starting July 1. Read about the notable amendments here. As always, we remind you that a client alert is not legal advice and urge you to reach out to a member of our team with questions. Stacy O. Stitham |sstitham@brannlaw.com…

  • Nathaniel Bessey Selected to Serve Third Term on Law360’s 2026 Tax Authority State & Local Editorial Board 

    Brann & Isaacson congratulates Nathaniel Bessey on being invited to serve on Law360’s 2026 Tax Authority State & Local Editorial Board. This is Nat’s third term on the board.   Nat represented the American Commerce Marketing Association (ACMA) in its successful court challenge of California Franchise Tax Board guidance the effect of which would have removed important federal protections relied upon by out-of-state business engaged…

  • Portland Press Herald: Peter Brann on Ranked-Choice Voting

    Brann & Isaacson partner Peter Brann was quoted in the Portland Press Herald on April 1 in a story titled “Maine high court hears arguments for and against expansion of ranked-choice voting.” Supporters and opponents of a proposed expansion of ranked-choice voting in Maine presented conflicting arguments to the state’s high court Wednesday on whether…

  • Brann & Isaacson Offers Guidance on Maine Paid Family and Medical Implementation 

    As Maine’s Paid Family and Medical Leave (PFML) program moves closer to full implementation on May 1, 2026, Brann & Isaacson is emerging as a leading authority for employers statewide seeking clear, practical guidance on the new law’s requirements and real-world implications.  The firm’s recent webinar on PFML on March 5 drew more than 300 employers from across the state, underscoring both the widespread impact of the program and the uncertainty many organizations continue…

  • B&I University: SCOTUS Invalidates Emergency Tariffs

    In the weeks since the Supreme Court’s decision invalidating emergency (IEEPA) tariffs, there has been a whirlwind of activity among multiple US Courts in connection with tariffs enforced (or, rather, attempted to be enforced) by the current presidential administration. We’ll discuss this in an upcoming B&I University webinar on Wednesday, March 18. Join the B&I…

  • Upcoming Webinar: Maine Paid Family Medical Leave

    By now, employers in Maine will be familiar with the basics of Maine’s Paid Family Medical Leave (MPFML) program. What employers are looking for is guidance on implementation of the program on May 1st.  Join us for a webinar on Thursday, March 5 at 12pm ET. The session is designed to address the practical realities…

  • Peter Brann Discusses Tariffs on Maine State Chamber Podcast

    Brann & Isaacson partner Peter Brann was invited to speak on The Bottom Line, a podcast produced by the Maine State Chamber of Commerce. He discusses the Supreme Court’s recent decision striking down tariffs imposed under the International Emergency Economic Powers Act—and breaks down what the ruling means for presidential authority, congressional power, and the…

  • Maine Legislature Considering Problematic New Privacy Bill

    On February 10, 2026, Maine’s House of Representatives passed LD 1822, the Maine Online Data Privacy Act. This law surfaced in early 2025, then, as now, it faced stiff opposition from the business community. On behalf of the Maine State Chamber of Commerce, we lobbied last spring to abandon LD 1822 in favor of a…

  • Supreme Court Invalidates Emergency Tariffs: What It Means and What’s Next

    IEEPA tariffs declared invalid. As you’ve probably heard, the Supreme Court definitively invalidated all International Emergency Economic Powers Act (IEEPA) tariffs in a 6–3 opinion today in Learning Resources v. Trump. Cutting through the legalese, the majority held IEEPA does not authorize the President to impose tariffs, full stop.  What’s next? The Court resolved a separate question about…

View All Retail & E-Commerce News