Friday, September 15, 2017

DW IP Litigation Blog Highlights Alison Frey

Alison D. Frey
Member, Austin
T: 512-770-4223
F: 844-670-6009
Alison regularly advises clients on intellectual property matters and technology transactions.  

Her trademark practice focuses on advising clients regarding worldwide trademark protection and enforcement strategies; selection and clearance of trademarks; management of global portfolios; registration of marks both domestically and in foreign jurisdictions; negotiation of licensing, co-existence, settlement and purchase agreements; and performing due diligence for the acquisition of trademark portfolios.  She regularly represents clients before the U.S. Trademark Trial and Appeal Board, in domain name disputes, and in federal court litigation.  She has also led numerous international and multinational trademark disputes executed before foreign administrative and judicial bodies.   

Alison also counsels clients in the areas of copyright, rights of publicity, domain name and internet-related issues.  She has extensive experience in the drafting and negotiating of software and technology licensing and development agreements, joint business venture agreements, consulting agreements, manufacturing and production agreements, and Internet related agreements. 

She is a graduate of The University of Texas and earned her J.D. with honors from Tulane Law School. She also studied at the St. Louis University in Madrid, Spain and is fluent in Spanish. Outside of the office, Alison enjoys spending time with her husband and two children, playing tennis, and running.  She is active in various charitable organizations around Austin.
Professional Involvement

  • International Trademark Association
    • U.S. Nontraditional Marks Subcommittee (2014-15)
  • American Intellectual Property Law Association
    • World IP Day, Austin lead (2015, 2016, 2017)
  • Austin Intellectual Property Law Association
  • Texas State Bar Association
Community Involvement

  • Women’s Symphony League of Austin
Areas of Practice

  • Business Technology
  • Copyrights
  • Emerging Businesses
  • Intellectual Property
  • Trademarks

The University of Texas at Austin, B.A., Departmental Honors, 1993

Tulane Law School, J.D., 1996
  • cum laude

Bar Admission
New York



Monday, September 11, 2017

In-n-Out Sues Smashburger Over New Burger Names

By: Jennifer Ko Craft

On August 28, 2017, In-n-Out filed a lawsuit against Smashburger for trademark infringement in the Central District of California. In-n-Out claims that Smashburger’s TRIPLE DOUBLE mark is too similar and infringes on its DOUBLE DOUBLE and TRIPLE TRIPLE trademark rights, for which it owns federal registrations.  In 2016, Smashburger filed applications for SMASHBURGER TRIPLE DOUBLE and a couple months ago, the USPTO approved the applications for publication, despite In-n-Out’s prior pending registrations.  So, at least preliminary, the USPTO tends to side with Smashburger.  In-n-Out opposed Smashburger’s applications, and then filed a civil suit.  Generally speaking, in the food industry, more than any other it seems, companies tend to pick fairly descriptive wording to denote their products.  In the spectrum of strong to weak trademarks, descriptive marks tend to be on the weaker end, which leaves some room for competitors to move in with similar marks and avoid infringement.  That’s what appears to have happened here, in my opinion.  I believe this is why Smashburger’s applications were approved by the USPTO, and not denied.

Jennifer Ko Craft  may be reached in our Las Vegas office at 702-550-4441.  Ms. Craft is an “AV/Preeminent Attorney®” as rated by Martindale-Hubbell® member in the firm’s Intellectual Property and Media, Sports & Entertainment Departments. She practices primarily in the areas of domestic and international trademark and copyright prosecution, licensing and enforcement. Ms. Craft consults with clients in identifying various protectable aspects of the clients’ products, services and concepts, and in developing and managing their intellectual property portfolios. She also resolves trademark, copyright, and domain name disputes, including the resolution of disputes over contested trademarks before the Trademark Trial and Appeal Board and enforcing clients’ intellectual property rights on the Internet. 

Thursday, September 7, 2017

Michelle Alamo Authors DRI Online Article "For the Defense"

By: Michelle Alamo
From the DRI Online  - For the Defense / August 2017 Publication
Giving You Products, Services, Ideas 

Although not laws in the legal sense, "The Five Laws of Stratospheric Success" are laws that may improve your business development efforts and overall success, regardless of your profession. I recently wrote an article in DRI's August edition of "For The Defense" illustrating how those I work with on a daily basis at DRI are doing just that.

Click here to read the entire article.

Michelle L. Alamo, is a member in Dickinson Wright PLLC’s Detroit office, focusing on Complex Business and Patent litigation in federal courts in Michigan and elsewhere, as well as the International Trade Commission (ITC).  Her practice includes patent infringement, antitrust, RICO, Federal false claims, ERISA, government investigations, class actions, and e-discovery matters involving the automotive, telephone, construction, and insurance industries.   Michelle’s unique expertise with Section 337 Investigations before the ITC includes successfully trying two Section 337 case to conclusion in 2014 along with her Dickinson Wright IP colleagues.  Michelle may be reached in our Detroit office at 313-223-3875.