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

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    • 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…

  • Brann & Isaacson Managing Partner Stacy Stitham Earns Prestigious Designation from International Association of Privacy Professionals
    • Firm Updates

    “Responsible use of consumer personal information has become one of the defining challenges of our…

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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…

  • Three Privacy Laws Take Effect, With Uncertain Scope

    This January, three consumer privacy laws will take effect – in Indiana, Kentucky, and Rhode Island. While most of the requirements laid out in these statutes will appear relatively standard for those familiar with the drill by now, nestled in Rhode Island’s privacy act is an unusual provision that has the potential to cause mischief….

  • Hanna Wurgaft Selected for Maine State Bar Association’s Leadership Academy 

    Brann & Isaacson is pleased to share that associate Hanna Wurgaft has been selected for the Maine State Bar Association’s Leadership Academy.   The MSBA’s Leadership Academy promotes and encourages leadership and professionalism by identifying present and future leaders who are members of the MSBA, and to provide them with a program designed to develop leadership…

  • Stacy Stitham and David Bertoni Named Fellows of Litigation Counsel of America  

    B&I attorneys Stacy Stitham and David Bertoni have been selected as Fellows of the Litigation Counsel of America. The Litigation Counsel of America is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only. Fellows are selected based…

  • California Shine the Light Law

    Complying with California’s overlapping privacy laws can be tricky. Here are three reminders: The California Consumer Privacy Act/California Privacy Rights Act applies to your business if in the last calendar you either bought, sold, or shared the personal information of 100,000+ Californians or had gross annual revenues greater than $25,000,000. Note that the threshold will…

  • B&I University Webinar on Tariffs and What a SCOTUS Ruling Could Mean for Your Business

    The Supreme Court heard several hours of oral argument today in the Trump tariff case, a showdown with a potentially seismic impact on every e-commerce business importing goods from abroad. The stakes are real, as you already know: costs are up, margins are pinched, and let’s not even get into inventory planning in a world…

  • Added Compliance Challenges to Retailers of Consumer Electronics

    If you sell small electronics in California, there is a deadline approaching that you need to be aware of. Effective January 1, 2026, all retailers who sell covered electronic devices in California or delivered to a California address must collect an e-waste recycling fee at the point of sale. The fee, set by the California…

  • Brann & Isaacson Welcomes Isobel Golden

    Brann & Isaacson (B&I), a law firm with offices in both Lewiston and Portland, Maine, is pleased to welcome Isobel Golden as an associate. Isobel has joined the firm’s Litigation and Public Sector practices.  Prior to joining B&I, Isobel clerked for the Maine Superior Court. She was a law clerk for Chief Justice Robert Mullen…

  • Illinois Department of Revenue Offers Two New Amnesty Programs Under 2025 Illinois Tax Delinquency Amnesty Act

    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. Unlike other amnesty programs, the upcoming Illinois amnesty programs…

  • States Announce “Sweep” for Global Privacy Control Compliance

    Privacy news never stops, so we’ll keep this one short and sweet.  Last week, California, Colorado, and Connecticut jointly announced a “privacy sweep” of commercial websites to identify those not honoring the Global Privacy Control (GPC). The GPC is a browser extension that sends an automatic signal asking commercial websites not to sell or share personal information…

  • Brann & Isaacson Lawyers Teach at Harvard Law School and Maine Law this Fall 

    Several of B&I’s attorneys will be teaching classes at the region’s law schools this fall. Peter Brann is once again offering his popular course at the Harvard Law School on “The Role of the State Attorney General.” For years now, Brann has team-taught this class at Columbia, Yale, and Harvard Law Schools with former Maine Attorney…

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…

  • Three Privacy Laws Take Effect, With Uncertain Scope

    This January, three consumer privacy laws will take effect – in Indiana, Kentucky, and Rhode Island. While most of the requirements laid out in these statutes will appear relatively standard for those familiar with the drill by now, nestled in Rhode Island’s privacy act is an unusual provision that has the potential to cause mischief….

  • Hanna Wurgaft Selected for Maine State Bar Association’s Leadership Academy 

    Brann & Isaacson is pleased to share that associate Hanna Wurgaft has been selected for the Maine State Bar Association’s Leadership Academy.   The MSBA’s Leadership Academy promotes and encourages leadership and professionalism by identifying present and future leaders who are members of the MSBA, and to provide them with a program designed to develop leadership…

  • Stacy Stitham and David Bertoni Named Fellows of Litigation Counsel of America  

    B&I attorneys Stacy Stitham and David Bertoni have been selected as Fellows of the Litigation Counsel of America. The Litigation Counsel of America is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only. Fellows are selected based…

  • California Shine the Light Law

    Complying with California’s overlapping privacy laws can be tricky. Here are three reminders: The California Consumer Privacy Act/California Privacy Rights Act applies to your business if in the last calendar you either bought, sold, or shared the personal information of 100,000+ Californians or had gross annual revenues greater than $25,000,000. Note that the threshold will…

  • B&I University Webinar on Tariffs and What a SCOTUS Ruling Could Mean for Your Business

    The Supreme Court heard several hours of oral argument today in the Trump tariff case, a showdown with a potentially seismic impact on every e-commerce business importing goods from abroad. The stakes are real, as you already know: costs are up, margins are pinched, and let’s not even get into inventory planning in a world…

  • Added Compliance Challenges to Retailers of Consumer Electronics

    If you sell small electronics in California, there is a deadline approaching that you need to be aware of. Effective January 1, 2026, all retailers who sell covered electronic devices in California or delivered to a California address must collect an e-waste recycling fee at the point of sale. The fee, set by the California…

  • Brann & Isaacson Welcomes Isobel Golden

    Brann & Isaacson (B&I), a law firm with offices in both Lewiston and Portland, Maine, is pleased to welcome Isobel Golden as an associate. Isobel has joined the firm’s Litigation and Public Sector practices.  Prior to joining B&I, Isobel clerked for the Maine Superior Court. She was a law clerk for Chief Justice Robert Mullen…

  • Illinois Department of Revenue Offers Two New Amnesty Programs Under 2025 Illinois Tax Delinquency Amnesty Act

    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. Unlike other amnesty programs, the upcoming Illinois amnesty programs…

  • States Announce “Sweep” for Global Privacy Control Compliance

    Privacy news never stops, so we’ll keep this one short and sweet.  Last week, California, Colorado, and Connecticut jointly announced a “privacy sweep” of commercial websites to identify those not honoring the Global Privacy Control (GPC). The GPC is a browser extension that sends an automatic signal asking commercial websites not to sell or share personal information…

  • Brann & Isaacson Lawyers Teach at Harvard Law School and Maine Law this Fall 

    Several of B&I’s attorneys will be teaching classes at the region’s law schools this fall. Peter Brann is once again offering his popular course at the Harvard Law School on “The Role of the State Attorney General.” For years now, Brann has team-taught this class at Columbia, Yale, and Harvard Law Schools with former Maine Attorney…

View All Retail & E-Commerce News