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Nicole Townes represents a wide range of clients in trademark, trade dress, copyright and licensing counseling and litigation, and false advertising, unfair competition, trade secret and patent litigation. Her practice includes domestic and international trademark selection and clearance, prosecution, and procurement. She is also responsible for managing worldwide trademark portfolios and enforcement for a number of large clients. Nicole’s practice includes representing clients in opposition and cancellation proceedings before the Trademark Trial and Appeal Board. In addition, Nicole has experience assisting clients in combatting counterfeit and gray market goods and working with customs. She also has experience with domain name disputes and notice and takedown procedures for social media sites and domestic and foreign ecommerce websites.
Clients and colleagues appreciate Nicole’s dedication to responsiveness, as well as her ability to carefully analyze an issue. An effective communicator, Nicole ensures that her clients realistically understand all of the possible approaches to solving their problem. Nicole is a proven and persuasive writer and advocate.
Nicole has represented both plaintiffs and defendants in litigation and clients across a diverse range of industries, including, for example, food and beverage, fashion and beauty, home furnishings, entertainment, software, engineering services, and medical device. Nicole has been involved in obtaining favorable outcomes for clients through mediation and arbitration proceedings and negotiated settlements. Determined, persistent and hard-working, Nicole is committed to assisting her clients with their legal needs and to achieving the best possible outcome for them.
Nicole serves on the firm’s Diversity and Recruiting committees. She is also a contributor to the firm’s Fashion and Beauty Blog. Nicole is the Secretary of the Orange County Bar Association Intellectual Property Section and a board member of the Orange County Intellectual Property Law Association.
Nicole externed for the Honorable Anthony J. Battaglia of the U.S. District Court for the Southern District of California. In law school, Nicole served as executive authorities editor for the Vanderbilt Journal of Transnational Law.
- Named to the Best Lawyers: Ones to Watch guide, which “recognizes lawyers who are earlier in their careers for their outstanding professional excellence in private practice”, for Intellectual Property Litigation and Patent Litigation (2021 - 2022)
Litigation Blog
- Be Careful What You Agree To: Incorporated Rules Clearly and Unmistakably Delegate Determining Arbitrability
- What’s in a Name?: Third Party Use of a Descriptive Term Without Secondary Meaning Can Undermine Assertions of Substantially Exclusive Use of the Term
- A Preamble That Saves May Be a Preamble That Limits
- Lack of Specificity in the Specification Creates Patent Eligibility Issues
- Don’t Be Late - Interlocutory Appeals of Liability Issues Shouldn’t Wait for Resolution of Damages Issues
- It’s No Secret That A Related Company’s Physical Presence In A Jurisdiction May Not Be Enough For Proper Venue
- Repeated and Specific Litigation Threats – Sufficient Minimum Contacts
- Dictionary Definitions Overshadowed by Intrinsic Evidence
- What’s Enough to Show Information Is “Trade Secret” for Filing Under Seal?
- Federal Circuit Cannot Review Denial of Institution of IPR, Unless Extraordinary Circumstances Are Shown
- Contradictory Positions Render Claims Indefinite
- Non-Disclosure Agreement Controls Ownership of Patents Arising From Confidential Information Received Thereunder
- No Shortcuts to the “Reasonable Pertinence” Analysis in the Analogous Art Inquiry
- Expiration of Patent Does Not Always Trigger Application of Phillips Standard on IPR Appeal
- Canceled Patent Claims Do Not Entitle Former Patent Owner to a Refund
- Not All Dupont Factors Are Made Equal
- No Waiver of Patent Eligibility Challenge Under § 101
- Time Is of the Essence: Preserve Objections to the Jury Instructions
- PTAB May Not Cancel Claims on the Grounds of Indefiniteness in an IPR Proceeding
- IPR Time Bar Dispute over Timing of Service of Complaint Torpedoed on Appeal
Fashion & Beauty Blog
Publication Articles
- Alley Oop or Flagrant Foul? Nike Launches Shot Against Supplier of Fake Sneakers” Published in The Licensing Journal. (July 2021)
Speeches & Seminars
Townes N., Wahl B., Yee T. “Intellectual Property Essentials and Value Creation,” Orange County Bar Association – Business and Corporate Law Section, Irvine, CA (February 26, 2014)