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 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 time, and state laws affecting the collection, usage, sharing,…

  • Kevin Haley and Adam Mooney Publish MaineBiz Piece on Trademarks and CBD Products
    • Firm Updates

    In a November 7, 2023, MaineBiz article, “How to find a path to trademark protection for CBD products,” Brann & Isaacson’s Kevin Haley and…

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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…

  • B&I Files Amicus Brief for Crutchfield, Challenging Tariff Constitutionality

    On behalf of longtime Brann & Isaacson client, Crutchfield Corporation, Peter J. Brann and David Swetnam-Burland filed a friend-of-the-court brief in the Federal Circuit challenging the constitutionality of the worldwide tariffs imposed by President Trump. They argue that not only are large tariffs potentially crippling to internet retailers that necessarily import electronics and other goods, but the…

  • B&I University: Executive Efforts to Squash DEI—What it Means for Employers 

    Earlier this month, B&I’s employment team presented the latest installment in our popular B&I webinar series. Peter Lowe and Laura O’Neill discussed the practical implications of the new Administration’s challenges to employers’ DEI policies.   Through a series of executive orders, investigations and enforcement actions, the federal government has declared many “DEI practices” to be illegal….

  • B&I Files Amicus Brief for Crutchfield in Tariff Dispute

    On June 4, 2025, longtime Brann & Isaacson client, Crutchfield Corporation, filed a friend-of-the-court brief in the Federal Circuit Court of Appeals opposing an emergency stay filed by the government in a case over worldwide tariffs imposed by the President, which the Court of International Trade ruled unlawful. In the brief, filed by Peter J….

  • California Federal Judge Denies Certification in Class Action against B&I Client

    In a sharply worded May 29, 2025 order, U.S. District Judge Vince Chhabria of the Northern District of California denied a motion for class certification filed against Brann & Isaacson client, SafeOpt®, and co-defendants. After listening to questioning at a lengthy evidentiary hearing and arguments by David Bertoni and co-counsel for defendants, the judge ruled…

  • Laura O’Neill Joins Brann & Isaacson

    Brann & Isaacson, a Maine-based law firm founded in the 1920s with offices in Lewiston and Portland, is pleased to welcome Laura O’Neill as Of Counsel. A former educator herself, O’Neill will join the Municipal and Education teams at B&I.  O’Neill is a seasoned education lawyer with experience across the United States. Prior to joining…

  • David Bertoni Interrogates AI for Tax Notes State

    On May 12, 2025, Tax Notes State published the latest article by David W. Bertoni for the Eyes on E-commerce series, “Shock and Audit: Artificial Intelligence Meets State Taxation”. Bertoni’s piece provides a capsule history of artificial intelligence (AI) and then evaluates AI’s actual and potential use by state and local tax departments in their…

  • Thirteen Attorneys at Brann & Isaacson Honored by Super Lawyers 2025

    Thirteen Brann & Isaacson attorneys have been honored by Super Lawyers for 2025 and recognized for their significant contributions to the legal profession.   The research team at the national ranking service selects just 5% of the state’s lawyers every year to be included in their list of outstanding lawyers. The Rising Stars list is selected…

  • Nathaniel Bessey Again Named to Law360 Editorial Board, Tax Authority State & Local

    Brann & Isaacson congratulates Nathaniel Bessey on being named to the 2025 Editorial Advisory Board of Law360, Tax Authority State & Local. This is Bessey’s second term on the board and he brings to the position extensive experience representing the firm’s clients, including Fortune 500 companies and some of the largest Internet retailers, in all…

  • Peter Brann Named Chair of District of Maine Local Rules Committee

    On April 1, 2025, Chief Judge Lance E. Walker of the U.S. District Court for the District of Maine named Peter Brann chair of the Local Rules Advisory Committee. Brann has long served on the committee, which authored the just-published comprehensive revision to the district’s local rules. In the letter to Brann announcing the appointment,…

  • Brann & Isaacson Lawyers Present at The National Etailing and Marketing Summit in Boston

    Brann & Isaacson is pleased to announce that two of its attorneys, Stacy Stitham and Jamie Szal, will be presenting at The National Etailing and Marketing Summit in Boston from April 1-3. They will be offering critical guidance on Legal Trends for eCommerce Companies in 2025.      The National Etailing & Marketing Organization of America (NEMOA)…

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 Files Amicus Brief for Crutchfield, Challenging Tariff Constitutionality

    On behalf of longtime Brann & Isaacson client, Crutchfield Corporation, Peter J. Brann and David Swetnam-Burland filed a friend-of-the-court brief in the Federal Circuit challenging the constitutionality of the worldwide tariffs imposed by President Trump. They argue that not only are large tariffs potentially crippling to internet retailers that necessarily import electronics and other goods, but the…

  • B&I University: Executive Efforts to Squash DEI—What it Means for Employers 

    Earlier this month, B&I’s employment team presented the latest installment in our popular B&I webinar series. Peter Lowe and Laura O’Neill discussed the practical implications of the new Administration’s challenges to employers’ DEI policies.   Through a series of executive orders, investigations and enforcement actions, the federal government has declared many “DEI practices” to be illegal….

  • B&I Files Amicus Brief for Crutchfield in Tariff Dispute

    On June 4, 2025, longtime Brann & Isaacson client, Crutchfield Corporation, filed a friend-of-the-court brief in the Federal Circuit Court of Appeals opposing an emergency stay filed by the government in a case over worldwide tariffs imposed by the President, which the Court of International Trade ruled unlawful. In the brief, filed by Peter J….

  • California Federal Judge Denies Certification in Class Action against B&I Client

    In a sharply worded May 29, 2025 order, U.S. District Judge Vince Chhabria of the Northern District of California denied a motion for class certification filed against Brann & Isaacson client, SafeOpt®, and co-defendants. After listening to questioning at a lengthy evidentiary hearing and arguments by David Bertoni and co-counsel for defendants, the judge ruled…

  • Laura O’Neill Joins Brann & Isaacson

    Brann & Isaacson, a Maine-based law firm founded in the 1920s with offices in Lewiston and Portland, is pleased to welcome Laura O’Neill as Of Counsel. A former educator herself, O’Neill will join the Municipal and Education teams at B&I.  O’Neill is a seasoned education lawyer with experience across the United States. Prior to joining…

  • David Bertoni Interrogates AI for Tax Notes State

    On May 12, 2025, Tax Notes State published the latest article by David W. Bertoni for the Eyes on E-commerce series, “Shock and Audit: Artificial Intelligence Meets State Taxation”. Bertoni’s piece provides a capsule history of artificial intelligence (AI) and then evaluates AI’s actual and potential use by state and local tax departments in their…

  • Thirteen Attorneys at Brann & Isaacson Honored by Super Lawyers 2025

    Thirteen Brann & Isaacson attorneys have been honored by Super Lawyers for 2025 and recognized for their significant contributions to the legal profession.   The research team at the national ranking service selects just 5% of the state’s lawyers every year to be included in their list of outstanding lawyers. The Rising Stars list is selected…

  • Nathaniel Bessey Again Named to Law360 Editorial Board, Tax Authority State & Local

    Brann & Isaacson congratulates Nathaniel Bessey on being named to the 2025 Editorial Advisory Board of Law360, Tax Authority State & Local. This is Bessey’s second term on the board and he brings to the position extensive experience representing the firm’s clients, including Fortune 500 companies and some of the largest Internet retailers, in all…

  • Peter Brann Named Chair of District of Maine Local Rules Committee

    On April 1, 2025, Chief Judge Lance E. Walker of the U.S. District Court for the District of Maine named Peter Brann chair of the Local Rules Advisory Committee. Brann has long served on the committee, which authored the just-published comprehensive revision to the district’s local rules. In the letter to Brann announcing the appointment,…

  • Brann & Isaacson Lawyers Present at The National Etailing and Marketing Summit in Boston

    Brann & Isaacson is pleased to announce that two of its attorneys, Stacy Stitham and Jamie Szal, will be presenting at The National Etailing and Marketing Summit in Boston from April 1-3. They will be offering critical guidance on Legal Trends for eCommerce Companies in 2025.      The National Etailing & Marketing Organization of America (NEMOA)…

View All Retail & E-Commerce News