Michael J. McCue

Education

  • J.D., University of Virginia School of Law, 1990
  • B.A., Economics and Psychology, University of Virginia, 1985

Bar Admissions

  • Nevada, 1996
  • Washington, DC, 1990
  • Virginia, 1990
  • California, 2013

Michael J. McCue

Co-Practice Group Leader
Partner
3993 Howard Hughes Pkwy.
Suite 600
Las Vegas, Nevada 89169
4300 Bohannon Drive
Suite 230
Menlo Park, California 94025
Phone 702.949.8224
Fax 702.949.8363

Mr. McCue is a partner and Co-Practice Group Leader of the firm’s Intellectual Property and Technology Practice Group. He has litigated hundreds of cases involving trademarks, copyrights, trade secrets, patents, and rights of publicity in federal courts throughout the United States and before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office. Mr. McCue has litigated cases involving some of the most famous trademarks in the world. In addition to litigation, Mr. McCue provides trademark and copyright prosecution, counseling, clearance, transactional, and enforcement services for companies. Mr. McCue oversees a domestic and international trademark portfolio of more than 5,000 trademarks.

Mr. McCue’s clients include MGM Resorts International, Visa, Restoration Hardware, Lucky Brand, NBCUniversal, NIKE, Electronic Arts, Caesars Entertainment and Las Vegas Sands.

Representative Cases/Matters

Trademark Cases – Federal Court
  • Obtained ex parte temporary restraining order during SEMA trade show in an action involving infringement of the TOYO mark for tires. Toyo Tire and Rubber Co. v. Toyomoto (Beijing) International Trading Co., 2:14-cv-1847 (D. Nev. 2014).
  • Won summary judgment for NIKE in a trademark infringement action regarding alleged infringement of the BOOM YO! mark. Tovey v. NIKE, Civ. No. 1:12-cv-0448 (N.D. Ohio 2014). 
  • Prevailed in reversing district court’s dismissal of trademark infringement action against out-of-state infringer based on lack of personal jurisdiction. Bellagio v. Bellagio Shoes, 12-16235 (9th Cir. 2014).
  • Obtained ex parte seizure order for OtterBox during CES in action for trademark counterfeiting and design patent infringement involving iPhone cases. Otter Products, LLC v. Anke Group Industrial Limited, 2:13-cv-29 (D. Nev. 2013).
  • Won summary judgment on a trademark infringement claim for Shaquille O’Neal in a case involving the SHAQTUS mark and character. Mine O’Mine v. Calmese, 2:10-CV-0043 (D. Nev. 2010), aff’d, 12-15915 (9th Cir. 2012).
  • Represented Weyerhaeuser in trademark infringement action against Bosch Tools regarding use of the iLevel mark. Weyerhaeuser v. Bosch Tool, Civ. No. 2:2011cv01793 (D. Nev. 2011).
  • Successful representation of Electronic Arts in a trademark dilution and infringement action against Energy Armor regarding use of EA mark. Electronic Arts v. Energy Armor, Civ. No. 3:2011cv04184 (N.D. Cal. 2011).
  • Successful representation of G4, an NBCUniversal network, in a trademark infringement and cybersquatting action against a company using the XPLAY mark. G4 Media, LLC v. XPlay Links, 2011 WL 1770535 (D. Nev. 2011).
  • Prevailed on a trademark dilution claim for Visa International against a company that adopted and used the eVISA mark. JSL Corp. v. Visa International Service Association, 610 F.3d 1088 (9th Cir. 2010).
  • Prevailed on trademark infringement claimfor MGM against fraudulent online gaming sites operated out of China, Hong Kong and Taiwan. MGM MIRAGE v. Lei, 2:10-CV-0074 (D. Nev. 2010).
  • Successful representation of E! Entertainment in a trademark infringement dispute involving the DALLAS DIVAS AND DAUGHTERS mark. E! Entertainment Television v. Savid Management, 2:10-CV-219 (C.D. Cal. 2010).
  • Successful representation of Visa in trademark dispute involving CHOOSE YOUR OWN ADVENTURE mark. Visa U.S.A., Inc. v. Chooseco, LLC, CV-09-5559 (N.D. Cal. 2009).
  • Successful representation of Vegas.com in trademark infringement action and companion antitrust action. Tix Corp. v. Vegas.com, LLC (C.D. Cal. 2010).
  • Successful representation of homebuilder against competitor’s use of SMART-formative marks. Pardee Homes USA Inc. v. Beazer Homes Holding Corp., 2009 WL 1811836 (D. Nev. 2009).
  • Successful representation of owner of the MONTE CARLO Resort & Casino in trademark infringement action filed by the owner of the Casino de Monte-Carlo in Monaco regarding the use of the MONTE CARLO mark for hotel and casino services. Société Des Bains De Mer Et Du Cercle Des Etrangers À Monaco v. MGM MIRAGE, 08-CV-03157 (S.D.N.Y. 2008).
  • Successful representation of Nav N Go, a Hungarian navigation software company, in a trademark infringement action regarding the NAV N GO and NAVIGON marks. Nav N Go Kft v. Navigon Inc., 1:08-cv-2135 (N.D. Ill. 2008).
  • Won summary judgment in favor of NIKE in a trademark infringement action by the owner of the “PROVE IT” mark. Calmese v. NIKE, Inc., 2:06-cv-1959 (D. Ariz. 2008).
  • Successful representation of publisher of LOS ANGELES CONFIDENTIAL magazine in a trademark infringement action by the owner of LA CONFIDENTIAL mark. Caplin v. Los Angeles Confidential Media, LLC, 2:07-cv-7842 (C.D. Cal. 2007).
  • Prevailed in opposing preliminary injunction and in obtaining transfer for lack of jurisdiction in trademark infringement action against Mandalay Bay and world-renown chef Michael Mina involving use of the STRIPSTEAK mark. Glazier Group v. Mandalay Corp., 2007 WL 2021762 (S.D. Tex. 2007).
  • Successful representation of Andre Agassi’s company in right of publicity and trademark infringement action against Target arising from Target’s use of the AGASSI name on footwear. Agassi Enterprises, Inc. v. Target Corporation, 2007 WL 4441195 (D. Nev. 2007).
    Successful representation of David Cassidy and DRDC Entertainment in trademark disputes and transactions regarding THE RAT PACK IS BACK! mark. DRDC v. TRP Entertainment, 2:05-cv-873 (D. Nev. 2005).
  • Obtained summary judgment in favor of Cirque Productions on genericness of the term “cirque” in an action brought by Cirque du Soleil. Dream Merchant v. Cirque Productions, Inc. (D. Nev. 2003).
  • Won maximum statutory damages and attorneys’ fees against cybersquatter. Mirage Resorts, Inc. v. Cybercom Productions, 228 F. Supp. 2d 1141 (D. Nev. 2002).
  • Won summary judgment for trademark dilution in favor of several major resort hotel casinos. Mirage Resorts, Inc. v. Stirpe, 152 F. Supp.2d 1208 (D. Nev. 2000).
  • Won summary judgment for trademark infringement in favor of Houdini’s Magic against Hardeen Houdini, an alleged descendant of Harry Houdini. Houdini’s Magic, Inc. v. Hardeen Houdini (D. Nev. 1998).

Trademark Cases – Trademark Trial and Appeal Board
  • Counsel in more than 100 opposition and cancellation proceedings in the TTAB, including for Visa, NBCUniversal/E! Entertainment, Electronic Arts, MGM Resorts International, and Las Vegas Sands.

Cybersquatting Cases – Federal Court and UDRP
  • Counsel in numerous cybersquatting cases resulting in recovery of hundreds of domain names for clients, including MGM, Visa, Las Vegas Sands.

Copyright Cases
  • Representing leading navigation software company in a copyright infringement and DMCA action against seller of navigation devices. NNG v. Boss Audio, 2:2014-cv-00220 (C.D. Cal. 2014).
  • Representing MGM Grand in copyright action involving alleged infringement of copyrights in photographs. Erickson v. MGM Grand, 1:2013cv00564 (S.D.N.Y. 2013).
  • Represented CityCenter in copyright action involving a dispute over copyrights in wall coverings. CityCenter Land, LLC v. Stacy Garcia, 2011 WL 3654745 (D. Nev. 2011).
  • Successful representation of MGM in copyright action involving carpet design. Soroush v. MGM MIRAGE, 8:08-cv-02579-PJM (D. Md. 2008).
  • Obtained dismissal of copyright action against NBCUniversal, Full Tilt Poker and Poker PROductions in copyright infringement action involving television show concept. McSmith v. NBCUniversal, 2:10–cv–00870 (D. Nev. 2011).
  • Won summary judgment in favor of Biotech Pharmacy and Biodose LLC in a copyright infringement and DMCA action filed by Cardinal Health involving software. Cardinal Health v. Biodose LLC, 2:03-cv-472 (D. Nev. 2006).
  • Won reversal of an order denying a motion to preliminarily enjoin use of copyrighted architectural plans where a builder exceeded the scope of a copyright license. LGS Architects v. Concordia Homes of Nevada, 434 F.3d 1150 (9th Cir. 2006).
  • Won summary judgment in a landmark case holding that scanning a copyrighted work for the purpose of creating a derivative work constitutes copyright infringement. Tiffany Design. v. Reno-Tahoe Specialty Inc., 55 F. Supp. 2d 1113 (D. Nev. 1999).

Patent Cases - Federal Court and ITC
  • Counsel for Lucky Brand in ITC action involving alleged patent infringement by denim retailers. In the Matter of Certain Laser-Abraded Denim Garments, ITC (2014).
  • Representing Wal-Mart in a patent infringement case. Acorne Enterprises, LLC v. Bed Bath & Beyond, et al, 2:12-cv- 3:12-cv-00602 (D. Nev. 2012).
  • Obtained TROs and seizure orders in action involving infringing designs of athletic footwear during the World Shoe Association trade show. NIKE, Inc. et al v. QiLoo International Limited, 2:12-cv-00223 (D. Nev. 2012); NIKE, Inc. v. Romeo & Juliette, Inc., 2:06-cv-00323 (D. Nev. 2007); Nike, Inc. v. Meitac Intl. Enter. Co. Ltd., 2:06-cv-01389 (D. Nev. 2007); Nike, Inc. v. Air-Max Import & Export, Inc., 2:06-cv-00169 (D. Nev. 2006)
  • Successful defense of infringement action involving virtual call center patent. Alto Ventures, Inc. v. Convergys Corp., 2:11-cv-01433 (D. Nev. 2012).
  • Obtained TRO and preliminary injunction against company infringing utility patents for furniture. Lifetime Products, Inc. v. Ningbo Wanxiang Plastics Products Co., Ltd., 2:10-cv-01166 (D. Nev. 2010).
  • Won summary judgment based on sale bar and failure to disclose co-inventor in a patent infringement action. Ericson Group, Inc. v. Digital Sports Graphics, Inc., 2007 WL 2891928 (D. Nev. 2007).
  • Successful defense against TRO and preliminary injunction based on alleged design patent infringement during the World Shoe Association trade show. Calzados Anatomicos Calana, S.L. v. Helle Comfort, Inc., 2:06-cv-00172 (D. Nev. 2007).
  • Successful defense against alleged infringement of patent for method and system for interactively transmitting multimedia information over a network with reduced bandwidth. 1st Technology LLC v. IQ-Ludorum, PLC, 2:06-cv-00934 (D. Nev. 2007); 1st Technology LLC v. IQ-Ludorum, PLC, 2:06-cv-00323 (D. Nev. 2007).
  • Obtained preliminary injunction and final consent judgment against companies selling leisure furniture that infringed Agio’s design patents. Agio International Company, Ltd. v. Bond Manufacturing Company, 2:04-cv-01373 (D. Nev. 2004); Agio International Company, Ltd. v. Gracious Living Industries, 2:05-cv-927 D. Nev. 2006).
  • Local counsel for Bayer and Spectrum Pharmaceuticals in ANDA cases. Bayer Healthcare Pharmaceuticals Inc. v. Watson Pharmaceuticals, Inc., 2:08-cv-00995 (D. Nev. 2012); Bayer Schering Pharma AG et al v. Sandoz, Inc., 2:09-cv-00802 (D. Nev. 2012); Spectrum Pharmaceuticals v. Sandoz, 2:12-cv-111 (D. Nev. 2012).

Trade Secrets Cases
  • Won temporary restraining orders and/or preliminary injunctions in five separate actions involving non-competition covenants and misappropriation of trade secrets in favor of an international specialized staffing company in cases in Arizona, Nevada, New Mexico and Washington.

Rights of Publicity
  • Represented clients in defending rights of publicity claims involving use of names and photographs in advertising, décor, and merchandise.

Transactions/Counseling
  • Trademarks/copyrights: domestic and international counseling, clearance, prosecution, enforcement, audits, licenses, co-existence agreements, assignments, independent contractor agreements, employee agreements, due diligence, style guides.
  • Patent/trade secrets: domestic and international counseling, enforcement, licenses, assignments, employee agreements, due diligence.

Memberships and Affiliations

  • International Trademark Association, Bulletin Committee, Member
  • University of Nevada, Las Vegas William S. Boyd School of Law, Former Adjunct Professor (Internet Law)
  • President, Federal Bar Association (Nevada Chapter) 2005
  • Vegas PBS, Former Board Member
  • Classroom on Wheels, Former Board Member

Publications

Mr. McCue writes and speaks frequently on intellectual property issues. Recently, he discussed the business of intellectual property, patent trolls and NPEs on Money Radio's "Technology, Opportunity & Happiness" show.

Speaking Engagements

  • Speaker, “The State of the US Legal Market,” Legal Week Global Independent Law Firms Forum, March 2013 (London, England)
  • Speaker, "Trademark Litigation: A 2013 Update," The Knowledge Congress Live Webcast Series, March 2013
  • Speaker, "Top 10 Legal Mistakes Made in Advertising and Marketing,” American Marketing Association, September 2011 (Las Vegas, Nevada)
  • Speaker, "Intellectual Property Law for General Practitioners," Nevada State Bar, June 2011 (Kauai, Hawaii)
  • Speaker, "The Law of Advertising on the Internet," Association of Corporate Counsel, March 2011 (Las Vegas, Nevada)
  • Panelist, "The American dimension - how independent law firms can best approach the US market," Legal Week Independent Law Firms Forum, March 2011 (London, United Kingdom)
  • Speaker, "The Law of Intellectual Property," Training Seminars, 2011 (New York City, San Francisco, Las Vegas)
  • Speaker, "Using Copyrights in the Battle Against Counterfeiting," International AntiCounterfeiting Coalition Annual Meeting, November 2010 (Phoenix, Arizona)
  • Speaker, “Intellectual Property Issues Faced by Chinese Companies at U.S. Trade Shows,” China Council for the Promotion of International Trade, December 2009 (Shenzhen, China)
  • Speaker, "Secondary Liability for Trademark and Copyright Infringement," Utah Cyber Symposium, September 2009 (Salt Lake City, Utah)
  • Speaker, “Marketing and Advertising: Doing Business on the Internet,” iTech Law Conference, May 2009 (Seattle, Washington)
  • Speaker, “Hot Topics in Intellectual Property,” Association of Corporate Counsel, February 2009 (Las Vegas, Nevada)
  • Speaker, “What Your Company Should Know About Intellectual Property,” Casino Fest Conference, September 2009 (Temecula, California)
  • Speaker, “Intellectual Property: What Everyone Needs to Know,” G2E, November 2007 (Las Vegas, Nevada)
  • Speaker, “Trademark Dilution,” San Francisco and Los Angeles Intellectual Property Law Association, May 2006 (Las Vegas, Nevada)
  • Speaker, “Internet Marketing,” American Marketing Association, February 2004 (Las Vegas, Nevada)
  • Speaker, “Copyright Law and the TEACH Act,” National Media Market, 2003 (Las Vegas, Nevada)

Court Admissions

  • U.S. Court of Appeals, Federal Circuit, 2004
  • U.S. Supreme Court, 2003
  • U.S. Court of Appeals for the Ninth Circuit, 2000
  • U.S. District Court for the District of Nevada, 1996
  • U.S. District Court, Eastern District of Virginia, 1991
  • U.S. District Court, District of Columbia, 1990
  • U.S. Court of Appeals, Fourth Circuit, 1990

Other Distinctions

Mr. McCue has an "AV/Preeminent Attorney" rating with Martindale-Hubbell. He is listed in the 2013-2015 editions of The Best Lawyers in America© in the categories of Copyright Law and Patent Litigation. He is also listed in the 2010-2014 editions of Mountain States Super Lawyers, and in the 2012 business edition of Super Lawyers. He is listed in Nevada Business' 2013 Legal Elite in their "Southern Nevada Best" category, in their 2012 "Top 150" list, and in their 2011 "Top 100" list. In 2012, Vegas, Inc. named Mr. McCue a "Top Lawyer" in Nevada. He was recognized by CSC Trademark Insider in 2008 as a "Top 50 Trademark Attorney".

Mr. McCue has been named an “IP Star” by Managing Intellectual Property magazine, recognized in Who’s Who Legal USA for trademark work, and ranked by Trademark Insider for trademark filings. Martindale.com consistently ranks Lewis Roca Rothgerber in the "Top 10" in the United States in volume of trademark cases handled.

Mr. McCue has been quoted by ComputerUser.com, California Lawyer, Las Vegas Review-Journal, In Business, and Nevada Business Journal. In addition, he has been interviewed on “Celebrity Justice,” “Tech TV,” Managing Intellectual Property, National Public Radio, and Out-Law.

Prior to moving to Nevada in 1996, Mr. McCue was a lawyer with Pillsbury Winthrop Shaw Pittman in Washington, D.C.