Michael G. Atkins
Practice Emphasis
ADMISSIONS
Washington, 1996 (U.S. District Court, Western District of Washington; U.S. District Court, Eastern District of Washington); U.S. Court of Appeals (Ninth Circuit)
Michael represents clients in disputes involving claims of trademark infringement and unfair competition in state and federal court. He also represents trademark owners in proceedings before the U.S. Trademark Trial and Appeal Board. Outside of the office, Michael has taught trademark and unfair competition law at the University of Washington School of Law and frequently writes and speaks on those subjects. He publishes Seattle Trademark Lawyer (http://www.seattletrademarklawyer.com/), a blog that reports on developments in trademark law. Michael focuses his practice as follows:
Trademark prosecution and Litigation
Michael represents trademark owners in the full gamut of trademark issues, including trademark registration, trademark infringement, trade name infringement, false designation of origin, unfair competition, cybersquatting, and breaches of contract. He also counsels clients seeking state and federal protection of their trademarks and other intellectual property. Illustrative examples of Michael’s trademark litigation experience include defending an oyster grower against false designation of origin claims in federal court, prosecuting a restaurateur’s trademark and trade name infringement claims in federal court, and helping an Australian chain of clothing stores overcome the U.S. Patent and Trademark Office’s objections to its application to register its house trademark. In 2007, Michael won a trial before the U.S. Trademark Trial and Appeal Board, helping a Seattle manufacturer register trademarks with the U.S. Patent and Trademark Office over a competitor’s objections in a proceeding that lasted four-and-a-half years.
Commercial Litigation
Michael partners with business clients to resolve disputes in litigation, arbitration, and mediation. His significant litigation experience includes prosecuting antitrust and breach of contract claims on behalf of a chemical distributor in federal court, prosecuting breach of contract claims on behalf of a real estate joint venturer in arbitration, defending a chemical manufacturer against product liability claims in federal court, prosecuting a telecommunications provider’s breach of contract claims in federal court, and prosecuting breach of warranty claims on behalf of a public utility in federal court. In 2005, Michael won a trial on behalf of an institutional client in a commercial landlord-tenant dispute in King County Superior Court and obtained an award of attorney’s fees and litigation costs.
PROFESSIONAL & COMMUNITY ACTIVITIES
Washington State Bar Association (Sections of Litigation and Intellectual Property)
American Bar Association (Sections of Litigation and Intellectual Property Law)
Member, International Trademark Association
Board Member, Feet First: Puget Sound Pedestrian Advocacy
Member, Washington State Ferries Colman Dock Citizens Advisory Group
Former Chair, WSBA Electronic Communications Committee
Former Board Member, Washington Coalition for Open Government
PRESENTATIONS AND PUBLICATIONS
Contributing Author, L.M. Brownlee, Intellectual Property Due Diligence in Corporate Transactions (Thomson/West forthcoming 2008) (chapter on trademarks)
Contributing Author, L.M. Brownlee, Assets & Finance: Audits and Valuation of Intellectual Property (Thomson/West forthcoming 2008) (portions of chapter on analyzing results of an intellectual property audit)
Presenter, “Design Patents and Trade Dress,” 13th Annual Intellectual Property Institute, Washington State Bar Association (Seattle, March 7, 2008)
Guest Lecturer, “Trademark Law: Trade Dress,” Seattle University School of Law (Seattle, March 5, 2008)
Contributing Author, L.M. Brownlee, Intellectual Property Due Diligence in Corporate Transactions (Thomson/West 2007) (section on trademark dilution)
Presenter, “What You Need to Know About Public Records and Open Meetings in Washington: Trade Secrecy and Privacy,” Lorman Education Services (Tacoma, August 3, 2007)
Presenter, “Trademark Infringement and Likelihood of Confusion,” Washington State Paralegal Association (Seattle, April 27, 2007)
Lecturer, “Trademark and Unfair Competition Law,” University of Washington School of Law (Fall 2006)
Author, “ Bush Signs Trademark Dilution Revision Act of 2006," Cyber-Graham (October 9, 2006)
Presenter, “What You Need to Know About Public Records and Open Meetings in Washington: Trade Secrecy and Privacy,” Lorman Education Services (Tacoma, August 3, 2006)
Presenter, “What You Need to Know About Public Records and Open Meetings in Washington: Trade Secrecy and Privacy,” Lorman Education Services (Seattle, June 15, 2006)
Presenter, “The Nuts and Bolts of Remedies in Trademark Infringement Litigation,” Intellectual Property Law Society (Seattle, February 24, 2006)
Co-author, “The Motion In Limine: The Sharpest Tool in the Defendant’s Toolbox,” For the Defense (Defense Research Institute, July 2004)
Author, “Keeping Abreast of Recent Decency Law Developments in Light of Janet Jackson’s Super Bowl Halftime Show,” Cyber-Graham (February 3, 2004)
Author, “ New Federal Spam Act Governs Commercial Email,” Cyber-Graham (January 13, 2004)
RECOGNITION
Washington Law & Politics, “Rising Star,” 2005 - 2008
Washington State Bar Association, “Random Acts of Professionalism,” 2004
EDUCATION
J.D., University of Minnesota, 1996
B.A., cum laude, St. John’s University, 1991
