Partner, Kansas City
Brian R. McGinley
Brian McGinley, a registered patent and trademark lawyer, is in the Intellectual Property and Technology practice, specializing in all aspects of identifying, protecting, enforcing and transferring all forms of intellectual property. Brian has broad-based intellectual property experience, including IP prosecution, IP litigation and transactional IP. More specifically, Brian has 15+ years of direct experience advising clients in the diamond and jewelry space, including mining companies, manufacturers, distributors, designers and retailers, on all aspects of their day-to-day operations, including intellectual property protection and enforcement, regulatory compliance, litigation, promotions and advertising, e-commerce and privacy issues, and other corporate operations, including HR, corporate compliance and audits
Brian possesses extensive experience prosecuting US and foreign patents, trademarks and copyrights, conducting patent, trademark, copyright, trade secret, e-commerce and other intellectual property litigation, and possesses a substantial IP transactional-based practice including technology and licensing matters, joint developments, manufacturing, merchandising and marketing agreements, and Internet-based agreements. He regularly counsels clients on infringement avoidance including clearance opinions in all intellectual property fields.
Brian’s litigation experience includes complex intellectual property litigation at the federal and state levels, including lawsuits involving patent infringement, trademark infringement, copyright infringement, misappropriation of trade secrets, unfair competition and related matters. Brian has litigated matters in federal courts in Missouri, Kansas, California, Michigan, Illinois and other jurisdictions. He also has extensive experience representing clients in matters before the United States Patent and Trademark Office and the Trademark Trial and Appeal Board, including extensive experience with patent re-examinations, and trademark opposition, cancellation and concurrent use proceedings.
Brian serves as lead outside IP counsel as part of a team of Dentons lawyers that operates as general counsel for a number of private equity funds and dozens of their operating companies with regard to all aspects of the day-to-day management of legal affairs. These clients represent a broad range of industries, including retail, specialized motors, clinical research organizations, dental laboratories, health care products, automotive, specialty plastics and Internet service providers. Brian also serves as lead outside Intellectual Property counsel for a division of a Fortune 100 company in the electrical and telecommunications fields. He works extensively with foreign-based clients, including a number of prominent companies and law firms based in the United Kingdom.
On the patent side, Brian has prepared and/or prosecuted hundreds of US and foreign patent applications, including an extensive number of design patents, focusing on the mechanical and electromechanical arts, the computer arts and methods of doing business patents, and on the design patent side, including jewelry designs, office product designs, air distribution product designs, automobile designs, tools, medical devices, apparel such as footwear and clothing, and electrical connectors.