Counsel

Mari-Elise Paul

Mari-Elise Paul is a member of the Intellectual Property & Technology Group. Her practice concentrates on litigation involving intellectual property infringement and trade secret misappropriation, prosecuting trademark and copyright registration applications, litigating trademark opposition and cancellation proceedings as well as negotiating and drafting licenses and other contracts that involve intellectual property or technology rights. She also interacts with U.S. Customs & Border Protection to enforce trademarks through seizure orders.

Recent News, Articles & Speaking Engagements

Supreme Court Throws Copyright Owners Curveballs

One Important Thing To Do Before You Ring In The New Year!

Trademark Takedown Trends: Adoption of a DMCA-style Notice and Takedown Procedure for Trademark Infringement Allegations

Louisville Bar Briefs, December 2017
Bar Admissions
Virginia
Firm Leadership

S.W.I.F.T. (Stites Women Investing in our Futures Together) Committee, Member

Memberships
American Bar Association
Louisville Bar Association
Virginia State Bar
American Intellectual Property Law Association (AIPLA), Trademark Treaties and International Law Committee
International Trademark Association, Leadership Development Committee
Community Involvement

Louisville Ballet, Board of Directors

Americans for the Arts, Member

Dance Exchange, Board of Directors

Education
More Than Stites & Harbison

Mari-Elise currently serves on the Board of Directors for the Louisville Ballet and previously served on the Board of Directors for Washington, D.C.'s Dance Exchange. She is also a member of Americans for the Arts, volunteers for the Washington Volunteer Lawyers for the Arts and is actively involved with Gilda's Club. Mari-Elise has recently become involved with advocating for congenital heart defect research.

Prior to law school, Mari-Elise attended the University of Maryland and studied dance and English, with an emphasis in rhetoric. As a law student, Mari-Elise volunteered at the Tennessee Volunteer Lawyers & Professionals for the Arts and performed with Louisville’s modern dance company Moving Collective.

Besides Stites & Harbison

Outside the office, Mari-Elise can usually be found spending time with her husband Bruce, their daughter Stella, her step-twins Alex and Emily, and the family puppy Moxie. Mari-Elise enjoys practicing and teaching hot yoga, running, traveling, and experimenting in the kitchen with Bruce.

Accolades

Virginia Super Lawyers, Rising Star (2015)

Washington DC Super Lawyers, Rising Star (2015)

Gatessuperlaw
Blawg100Honoreebadge2016 Sm
See more related to Mari-Elise Paul
Events

The Race to Privacy

Date: 6/5/19
Time: 4:30 p.m. - 6:00 p.m.

Stites & Harbison, 401 Commerce Street, Suite 800, Nashville, Tennessee 37219

IP attorneys Alex MacKay, Mari-Elise Paul and Sarah Spurlock will discuss the latest information on data privacy.

Alexandra MacKay, Mari-Elise Paul, and Sarah Cronan Spurlock May 15, 2019
Client Alerts

Supreme Court Throws Copyright Owners Curveballs

It is weeks away from opening day, yet the United States Supreme Court had its own pre-season double header of sorts this past Monday. The United States Supreme Court issued unanimous decisions in two copyright cases on March 4, 2019.

by Alexandra MacKay and Mari-Elise Paul March 06, 2019
Press Releases

Stites & Harbison Promotes Five Attorneys in 2019

LOUISVILLE, Ky.—Stites & Harbison, PLLC announced today that five attorneys have been promoted within the law firm effective January 2019.

by Stites & Harbison, PLLC January 04, 2019
Client Alerts

One Important Thing To Do Before You Ring In The New Year!

If your business relies on the Digital Millennium Copyright Act (DMCA) for protection from copyright claims, you have until December 31, 2017 to complete the electronic registration of your DMCA agent with the Copyright Office...
by Joel T. Beres and Mari-Elise Paul December 28, 2017
Trademarkology

Nike Plays Defense Against Gronkowski

In April 2016, Gronk Nation LLC filed two applications for registration of himself in silhouette form spiking a football. Gronk's "trademark move" is the Gronk spike, so it is no wonder that the logo he...
by Mari-Elise Paul October 12, 2017
Events

Intellectual Property Issues for Construction Lawyers

Presented by the American Bar Association's Forum on Construction Law and Section of Intellectual Property Law 1:00 p.m. - 2:30 p.m. Who owns the plans? Can I stop this out of state party from using...
Mari-Elise Paul July 12, 2017
Client Alerts

The Supreme Court Slants Toward Tam: Disparagement Clause Ruled Unconstitutional

Yesterday, in a unanimous decision, the Supreme Court struck down the ban on registering disparaging trademarks under 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), deeming the statute facially unconstitutional under the First Amendment...
by Joel T. Beres and Mari-Elise Paul June 20, 2017
Events

Trademark Roundtable with the USPTO

Trademark Roundtable with the USPTO 2.00 hours General CLE – Kentucky, Tennessee With Distinguished panelists: Mary Boney Denison, Commissioner for Trademarks, USPTO Marc Bergsman, Judge, Trademark Trial and Appeal Board 8:30 – 11:00 a.m. (includes...
Joel T. Beres, David W. Nagle Jr., and Mari-Elise Paul May 16, 2017
Client Alerts

Give me a © for Copyrightable! The Supreme Court Holds That Cheerleading Uniforms can be Copyrightable

Last week, the U.S. Supreme Court in Star Athletica, L.L.C. v. Varsity Brands, Inc., No. 15-866 (U.S. Mar. 22, 2017), handed Varsity Brands, Inc. a victory, ruling that designs on cheerleading uniforms are eligible for copyright protection.

by Mari-Elise Paul March 30, 2017
Trademarkology

Trump and his Trademarks

The slogan "MAKE AMERICA GREAT AGAIN" are four simple words that nobody (except for maybe President Trump himself) could have predicted would help launch our new president into the White House. However, President Trump had...
by Mari-Elise Paul February 27, 2017
Trademarkology

Patriots Trademarks and the Big Game

Once again, my team is in the Big Game. I can't help but think back to 2008 when the undefeated Patriots lost to the Giants. Perhaps the fact that they filed trademark applications for "19-0"...
by Mari-Elise Paul February 03, 2017
Trademarkology

THE PROCESS of Joel Embiid's Trademarks

It seems my step-twins and Joel Embiid have something in common: they all love Shirley Temples. Embiid prefers his made with ginger ale and grenadine and allegedly drank as much as a pitcher a day...
by Mari-Elise Paul January 30, 2017
Trademarkology

It's Like That: RUN-D.M.C. Sues Amazon and Wal-Mart for Trademark Infringement

It was December 29th in NYC in the courtWhen I see a complaint filed because defendants purportTo be selling lots of products and using remarksThat are infringing, oh my God, the RUN-D.M.C. trademark.If you grew...
by Mari-Elise Paul December 30, 2016
Trademarkology

Hitman Glass Hit With Default Judgment

Hitman Glass is in hot water with Starbucks over use of a nearly identical version of Starbucks' famous logos on a line of glass bongs, t-shirts, and pins. Things really heated up for Hitman Glass...
by Mari-Elise Paul October 31, 2016
Trademarkology

Curry Scores on Trademark Applications

Perhaps Steph Curry should have been paying more attention to basketball rather than capitalizing on his trademark during the NBA finals. While Curry won't get a payout from winning an NBA title, it looks like...
by Mari-Elise Paul June 24, 2016
Trademarkology

Trump Trademarks "MAKE AMERICA GREAT AGAIN"

Based on Donald Trump's trademark filings, one might surmise that Trump has been warming up for a run for the presidency for years now. In fact, the Republican nominee applied to register "MAKE AMERICA GREAT...
by Mari-Elise Paul May 16, 2016
Trademarkology

“Stairway to Copyright Infringement”- Step Two in Spirit's uphill climb to prove Led Zeppelin's 'Stairway to Heaven' infringes its copyright

Trademarkology wants to give a shoutout to our sister blog OP-IP and its recent post on copyright infringement. OP-IP can be found here: http://op-ip-law.blogspot.com. We suggest you subscribe. In the meantime, check out Stephen Weyer's...
by Mari-Elise Paul April 14, 2016
Trademarkology

KYLIE Who? Minogue and Kardashian Claim Rights to KYLIE

Two B-list celebrities are battling for rights in the mark KYLIE. Kylie Jenner filed applications to register the mark KYLIE in connection with a large number of goods and services, and, last week, Kylie Minogue...
by Mari-Elise Paul March 07, 2016
Trademarkology

A Humbling Experience: Helping Friends with Trademarks

One of the things I love about my job is having the opportunity to help my friends with their legal needs. My dear friend Suzanne Burns had the dream of opening her own yoga studio...
by Mari-Elise Paul February 08, 2016
Trademarkology

Starbucks and Momofuku IP Dispute Brewing Over Bagel Bombs

After a bit of a blogging hiatus, I'm back! I was admittedly experiencing bloggers block, but quickly snapped out of it upon receipt of this lead feed from a friend that involved a little foodie...
by Mari-Elise Paul December 08, 2015
Trademarkology

Funtown Hit with a Big Splash of Trademark Confusion

As you probably know by now, I grew up in a small town in Maine. Every summer my grandparents would take my cousins and me to our favorite amusement park in Saco, Maine, Funtown Splashtown...
by Mari-Elise Paul July 20, 2015
Trademarkology

Taylor Swift's Blank Slate of Trademark Protection

Taylor Swift is playing at Nats Park tonight, and it will likely come as no surprise to you that I have tickets. We went big and splurged for the on-field up close tickets. It seemed...
by Mari-Elise Paul July 13, 2015
Trademarkology

Merica: Etsy User Claims Target Ripped Off Shirt Design

It's that time of year again: suns out, guns out. When the weather gets warm, we see far too many jorts and tank tops for my liking, especially around the 4th of July. I've also...
by Mari-Elise Paul June 29, 2015
Trademarkology

The Brand is Back. PEERLESS is Again Open for Business

Back in March, TRADEMARKOLOGY reported on how Corky Taylor and his son Carson are bringing back to life the PEERLESS Bourbon brand, a brand previously distilled by Corky's Great Grandfather, Henry Kraver, prior to the...
by Guest Blogger June 10, 2015
Trademarkology

Wicked Good Maine Trademahks

My family just returned from a lovely weekend in the great state of Maine. If you've read my blog bio, you know that I was born and raised in the Pine Tree State. It's not...
by Mari-Elise Paul June 08, 2015
Trademarkology

To Rebrand or Not to Rebrand:That is the Question

Back by popular demand: It's Ken Homa! Prof. Homa is back to tell a tale of rebranding gone wrong. In case you forgot, in his prime, Prof. Homa was one of the world's foremost experts...
by Mari-Elise Paul April 27, 2015
Trademarkology

Target Launches Lilly Pulitzer Collaboration and Leaves Shoppers Feeling Blue

Sorority girls were flocking to Target to pick up the pink, neon green, and orange line of the famous Lilly Pulitzer brand, but felt blue instead. Preppy princesses, myself included, were left empty-handed when the...
by Mari-Elise Paul April 20, 2015
Trademarkology

Gummy Bear Repackaging Creates Trademarkologist Confusion

A couple weeks ago, I was having a particularly bad Friday and found myself in CVS grabbing two items that were guaranteed to improve my day: a Starbucks Frappuccino and gummy bears. Now, you'd think...
by Mari-Elise Paul April 13, 2015
Trademarkology

Lane Bryant Clips the Wings of Victoria's Secret Angels

Lane Bryant has started a -- dare I say -- cat fight with Victoria's Secret with its new #ImNoAngel campaign. It's no secret that Lane Bryant is using the hashtag #ImNoAngel in an attempt to...
by Mari-Elise Paul April 07, 2015
Trademarkology

That's All Folks!

Stay tuned next week for March Madness Week!The lawyers at Trademarkology provide trademark registration services backed by the experience and service of one of the nation's oldest law firms. Click here to contact us.**The...
by Alexandra MacKay and Mari-Elise Paul March 13, 2015
Trademarkology

Restaurateurs Squeal When Ramsay Registers "THE SPOTTED PIG"

Restauranteurs wanted to hogtie Gordon Ramsay when they found out he'd applied to register the mark THE SPOTTED PIG in the United Kingdom.On October 2, 2012, Ramsay, a famous British television chef, applied to register...
by Mari-Elise Paul March 02, 2015
Trademarkology

It's 2015 and Marty McFly was Right: Hoverboards Do Exist

Yesterday I wrote about the DeLorean controversy and mistakenly posted that flying skateboards do not exist. I stand corrected. As my friend and colleague Justin McNaughton has pointed out, flying skateboards do exist. Marty McFly...
by Mari-Elise Paul February 10, 2015
Trademarkology

DeLorean Flies into the Future with a Trademark Infringement Lawsuit

In "Back to the Future II," Marty McFly uses his fancy flying time machine to travel to the future. Ironically, he travels to 2015, a time filled with skateboards that fly, automated dog-walkers, and self-drying...
by Mari-Elise Paul February 09, 2015
Trademarkology

Guest Post! Bitter Truth Behind the Cadbury Chocolate Import Ban

Written by Stephen Weyer, editor of our brother-blog OP-IP. Check it out at http://op-ip-law.blogspot.com/. United States' lovers of authentic, original British Cadbury chocolate will have to book a flight to the UK to enjoy the...
by Mari-Elise Paul February 06, 2015
Trademarkology

Guest Post! Attempts to Register JE SUIS CHARLIE Miss the Mark

Check out this guest post from our "brother blog" OP-IP and written by Stephen J. Weyer At last count, over 120 trademark applications have been filed in the French trademark office for the phrase "JE...
by Mari-Elise Paul January 20, 2015
Trademarkology

BIKRAM Heats Up

This week is a big week in the Virginia yoga world. The Mid-Atlantic USA Yoga Championships are this Saturday. Competition in yoga, you ask? This seems quite anti-yogi, doesn't it? Au contraire, mon frere. For...
by Mari-Elise Paul January 12, 2015
Trademarkology

Trademark Week in Review: January 2, 2015

Here's your weekly roundup of stories in the world of trademarks: Mari-Elise got ready for the College Football Playoff. Randy reported on the most popular Trademarkology posts for 2014. Mari-Elise still demands a recount...And you...
by Mari-Elise Paul January 02, 2015
Trademarkology

BCS v. USPTO: COLLEGE FOOTBALL PLAYOFF Matchup

While the sports analysts can't stop speculating over who will be in the inaugural College Football Playoff National Championship, the BCS is squaring off against the UPSTO over registration of "COLLEGE FOOTBALL PLAYOFF". Since March...
by Mari-Elise Paul December 29, 2014
Trademarkology

Chick-fil-A's Feathers Get Ruffled Over "EAT MORE KALE"

Eat more kale! I've been saying this for months now, but a Vermont folk artist has taken this belief to a whole new level. Three years ago Vermonter Bo Muller-Moore filed an application to register...
by Mari-Elise Paul December 15, 2014
Trademarkology

Oklahoma State University and New Mexico State University Call It a Draw

Oklahoma State University and New Mexico State University have holstered their pistols and called their dispute over Pistol Pete a draw. Less than two months ago, Oklahoma State University filed a lawsuit against New Mexico...
by Mari-Elise Paul December 08, 2014
Trademarkology

Pizza Hut Dishes Up a New Line of Pizzas

I don't often eat pizza, but when I do, I eat Pizza Hut. No, seriously. Gorging on pizza doesn't really fit with my yoga/juicing lifestyle, but every so often I find it hard to resist...
by Mari-Elise Paul November 24, 2014
Trademarkology

Ski City and Ski Town Settle Trademark Dispute

In light of the season's first snowfall, it only seems appropriate that we discuss skiing today. Earlier this year, Steamboat Ski & Resort Corporation filed suit against Visit Salt Lake regarding a "Ski City USA"...
by Mari-Elise Paul November 17, 2014
Trademarkology

U.S. Customs Bags Nearly 200 Birkin Handbags

US Customs and Border Protection authorities recently seized nearly 200 counterfeit Luxury Hermès Birkin handbags during a raid in Georgia. These highly coveted bags would be worth an estimated $2 million on the open market.This...
by Mari-Elise Paul November 10, 2014
Trademarkology

Episode II: The Empire Brewing Strikes Back

A long time ago, in a galaxy far away, I reported to you that Lucasfilm, Ltd., filed an opposition to Walton Street Brewing Corp.'s application to register the mark EMPIRE STRIKES BOCK for ale and...
by Mari-Elise Paul November 03, 2014
Trademarkology

The Lucasfilm Empire Strikes Bock Beer

A long time ago, in a galaxy far, far away, Lucasfilm, Ltd., filed an opposition to Walton Street Brewing Corp.'s application to register the mark EMPIRE STRIKES BOCK for ale and beer. Just kidding; it...
by Mari-Elise Paul October 27, 2014
Trademarkology

Abercrombie and Affliction in an "American Fight"

Abercrombie & Fitch Co. recently filed suit against Affliction Holdings over its use of "AF" on its "American Fighter" brand of clothing. The two clothing companies have come to blows over Affliction's plastering of "AF"...
by Mari-Elise Paul October 20, 2014
Trademarkology

Bottega Veneta Gets "Knotty"

The USPTO found its hands tied when examining an application for registration of a knot for use on or in connection with "handbags, shoulder bags, ladies' handbags, clutch bags and purses." Though the USPTO initially...
by Mari-Elise Paul October 13, 2014
Trademarkology

True Religion Takes Bold Approach in Protecting "U-Shape" Pocket Design

Nobody likes a copycat. Guru Denim is no different. Guru Denim Inc., owner of the True Religion brand of jeans, recently filed suit against Burlington Coat Factory Warehouse Corp. for trademark infringement. The suit is...
by Mari-Elise Paul October 06, 2014
Trademarkology

Apple's Misfortune is KitKat's Gain

Isn't the saying that "one man's misfortune is another man's gain"? Last week, Apple's misfortune was certainly KitKat's gain. KitKat capitalized on the "bending flaw" of the new iPhone 6 by tweeting out what's been...
by Mari-Elise Paul September 29, 2014
Trademarkology

NFL on Defense Against Retirees in Right of Publicity Lawsuit

The NFL just can't catch a break this week. Forty retired football players sacked the NFL with lawsuits, alleging injury as a result of the NFL's unauthorized use of their identities. The complaints, which were...
by Mari-Elise Paul September 22, 2014
Trademarkology

Lululemon a Warrior in Protecting its Intellectual Property

Lululemon takes no savasanas when it comes to protecting its intellectual property. If you've been following my blog posts, you probably know that I'm a yoga addict. I love wearing Lululemon apparel (and also Zweet...
by Mari-Elise Paul September 15, 2014
Trademarkology

Trademark™ the Brand

Since it's NYC Fashion Week, it only seems appropriate that we combine two of my favorite topics: fashion and trademarks. I recently learned that there's a new clothing brand for twenty-and-thirty-somethings like myself called TRADEMARK...
by Mari-Elise Paul September 08, 2014
Trademarkology

ICE BUCKET CHALLENGE Applications Make a Splash

Just seven days after the ALS took the plunge and filed applications for registration of the ICE BUCKET CHALLENGE marks, the ALS abandoned them. On August 22, 2014, ALSA (Amyotrophic Lateral Sclerosis Association) filed applications...
by Mari-Elise Paul September 01, 2014
Trademarkology

Blue Jays Don't Fly Together: Toronto Blue Jays Oppose Creighton's Bluejay

As a sports enthusiast, I like to think I'm relatively familiar with all the professional logos and collegiate logos. I also like to think that I, like most people, am rather adept at distinguishing between...
by Mari-Elise Paul August 25, 2014
Trademarkology

Washington Redskins Hog Wild Over Name

It doesn't look like the Washington Redskins will be changing their name any time soon. In June, we reported that the Trademark Trial and Appeal Board had cancelled six of the Redskins' trademark registrations. Last...
by Mari-Elise Paul August 18, 2014
Trademarkology

Lack of Protection Can Lead to Unwanted Consequences

First the Airbnb logo; now the University of Dayton logo. It seems that this summer has been the summer of creative misfires in the rebranding sphere. I'd like to say these rebrands weren't distasteful and...
by Mari-Elise Paul August 11, 2014
Trademarkology

Tickled Pink: Thomas Pink Defeats Victoria's Secret

As one of the few consumers who purchases both Thomas Pink and Victoria's Secret PINK, this decision is of particuar interest to me. Thomas Pink got its panties in a wad over Victoria's Secret's launch...
by Mari-Elise Paul August 04, 2014
Trademarkology

Rebranding: What happens when it goes wrong?

Back by popular demand: It's Ken Homa! Prof. Homa was kind enough to share his wisdom with us last week on repackaging, and he's back to tell a tale of rebranding gone wrong. In case...
by Mari-Elise Paul July 28, 2014
Trademarkology

John Wayne's Gotta Do What John Wayne's Gotta Do: John Wayne Heirs Sue Duke University

John Wayne Enterprises and Duke University are duking it out over use and registration of the marks "DUKE" and "DUKE JOHN WAYNE". John Wayne Enterprises (we'll refer to it as JWE) has filed an application...
by Mari-Elise Paul July 14, 2014
Trademarkology

Skechers Sues Fila for "Mocking" the Go Walks

Last week, tired of being walked all over by Fila, Skechers slammed Fila with a lawsuit for unfair competition, trade dress infringement, design patent infringement, and diution. The suit claims that the design of the...
by Mari-Elise Paul July 07, 2014
Trademarkology

Trademark Dispute Brewing Between Natty Greene and Anheuser-Busch

A battle over the mark "NATTY" is brewing between Anheuser-Busch and a new brewery based in Greensboro, North Carolina. This battle of the beers started when two brewers opened a pub in Greensboro and wanted...
by Mari-Elise Paul June 30, 2014
Trademarkology

Redskins Trademark Registrations Cancelled...but Why?

Kevin has given us a play-by-play on the developments of the cancellation proceeding before the Trademark Trial and Appeal Board ("TTAB") involving Washington Redskins trademarks. Nearly a week has passed and it remains a hot...
by Mari-Elise Paul June 23, 2014
Trademarkology

Pilates: A Deep Stretch of Trademark Law

Well, I'm back. As you may recall, I just spent the week in beautiful sunny Puetro Morales, Mexico at a Bikram yoga retreat. No tv and shoddy internet resulted in lots of shadow puppets, but...
by Mari-Elise Paul June 16, 2014
Trademarkology

MIIP Hangs Up on Use of iPhone in Advertisements

Greetings from Mexico! I'm spending the week at the beautiful Casa Om for a yoga retreat. In light of the fact that I'm in Mexico, it seems relevant that I highlight some big news in...
by Mari-Elise Paul June 09, 2014
Trademarkology

Honda Zooms into the Future with First 3D Trademark Registration

Honda Motor Co. scooted its way to obtaining a three-dimensional trademark registration for the shape of its Super Cub scooter. This marks the first trademark registration ever issued for the shape of a motorcycle or...
by Mari-Elise Paul June 02, 2014
Trademarkology

Lucky 13 Not So Lucky For Taylor Swift

Taylor Swift's affinity for her lucky number 13 is no secret, so it's no surprise that she attempted to use LUCKY 13 as a mark. Two years ago, Swift began marketing and selling clothing and...
by Mari-Elise Paul May 26, 2014
Trademarkology

Swatch Stops the Clock on "IWATCH"

Apple fans have been closely following details about the release of the Apple iWatch. While Apple has not confirmed any details about the wearable technology, in August 2011, Apple filed a patent before the United...
by Mari-Elise Paul May 19, 2014
Trademarkology

Live from Hong Kong: 7-11, McDonald's, and Apple

Trademarkology is coming to you live from Hong Kong today! I'm attending the International Trademark Association Annual Meeting in Hong Kong, and it has been quite an experience so far. While most of my week...
by Mari-Elise Paul May 12, 2014
Trademarkology

Stretching Trademark Law

Hi. I'm Mari-Elise, and I'm your newest Trademarkologist. Allow me to quickly introduce myself. My favorite things include practicing trademark law, cooking, University of Louisville athletics, and coffee. Oh, and I LOVE yoga. I'm completely...
by Mari-Elise Paul May 05, 2014