Alex MacKay counsels clients in litigation and transactional matters involving intellectual property. She assists clients with the selection, adoption and registration of their trademarks as well as registration of copyrights. Alex represents clients in the enforcement of their intellectual property rights and has practiced before federal and state courts as well as the Trademark Trial and Appeal Board. She assists clients with a variety of transactional issues including those related to licensing of copyrights, trade secrets, trademarks and other intellectual property rights.
Trademarkology blog, February 15, 2019
Trademarkology blog, January 11, 2019
I'm with the Banned (no longer)
co-presenter of CLE program on Matal v. Tam and its implications for Nashville Bar Association, August 11, 2017
TTAB Rulings on Trademark infringement Cases: Preclusion Explored
Recent Copyright Developments
Considering Intellectual Property Assets for Collateral
Security Interests in Intellectual Property
Trademarks and Ethics
Search Engines and Trademark Law
Intellectual Property Law: Trademarks
Ethics and Trademarks: By the Seat of Your Pants
Legal Issues for Photographers
Recent Developments in Trademark Law
Diversity Committee, Member
Tennessee Justice Center, Board of Directors, (2008-present); Board Chair (2017-present)
Nashville Philharmonic Orchestra, Board of Directors (2015-present); Board Chair (2016-17)
Ten Thousand Villages of Nashville, Inc., Board of Directors, (2008-13)
St. Mary Villa, Board of Directors, (2009-12)
Alex serves on the board of Tennessee Justice Center, which provides civil legal services for indigent persons, prioritizing cases that affect health care and income security of families. She also serves on the board of the Nashville Philharmonic Orchestra, a volunteer community orchestra of amateur and professional musicians that brings symphonic music free of charge to audiences around middle Tennessee. In years past, Alex has served on the board of directors for and volunteered for Ten Thousand Villages of Nashville, Inc., a non-profit organization that supports fair trade and empowers artisans in developing countries by selling their hand-crafted products. Alex was a member of the Tennessee Bar Association Leadership Law (TBALL) Class of 2009.
Nashville Bar Foundation, Fellow (2015)
Best Lawyers in America®, Copyright Law, Litigation - Intellectual Property and Trademark Law (2012-19)
Best Lawyers in America®, Nashville Area Lawyer of the Year for Copyright Law (2015, 2017, 2019)
Best Lawyers in America®, Nashville Area Lawyer of the Year for Trademark Law (2018)
Mid-South Super Lawyers® (2012-18)
Mid-South Super Lawyers®, Rising Stars (2009-10)
Managing Intellectual Property, IP Stars (2013-18)
The U.S. Supreme Court has granted the U.S. government’s petition for a writ of certiorari in a case challenging provision of the federal trademark statute. In In re Brunetti, 877 F.3d 1330 (Fed. Cir. 2017), the U.S. Court of Appeals for the Federal Circuit found the portion of the Lanham Act that proscribes registration of trademarks comprised of “immoral and scandalous matter” unconstitutional.
At the beginning of this new year, it helps to remind ourselves why we engage in this work, why trademarks matter, and, more particularly, why registration matters. Trademarks symbolize the goodwill of a business; they are the emblems of the brand owner’s reputation. Registrations strengthen and protection those important symbols.
Only three months ago we wrote about rebranding. Just two months ago we wrote about beloved brand nicknames. Then, last month, two companies announced plans to rebrand to abbreviations of their current marks. Coincidence? Probably, but we are going to take the opportunity to revisit those topics anyway.
A familiar adage teaches that one catches more flies with honey than with vinegar. Without in any way implying that infringers are flies, we can apply this lesson to the trademark context. It seems that trademark attorneys enforcing their clients' rights have really taken this wisdom to heart in recent years. With increasing frequency, trademark cease and desist letters filled with humor and whimsy fill the news.
One sign of a prominent, strong, and/or beloved brand is a nickname. Consumers sometimes show their affection for their favorite brands by abbreviating them, elongating them, or creating variations of them.
I have fond memories of drowning my pancakes in all the flavored syrups on the table rack at IHOP. But, on June 4, the International House of Pancakes announced that though it had been IHOP for 60 years, it would be "flippin" its name to "IHOb" in a week.
Maybe it's just because I am about to go on vacation with seven children under the age of 11 (and their parents), but it seems a lot of trademarks from my childhood have been making appearances in the news recently.