Related Practices

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

Michael J. McCue

Practice Group Leader

Partner

vCard

Las Vegas

3993 Howard Hughes Pkwy.
Suite 600
Las Vegas, Nevada 89169

Phone 702.949.8224

Fax 702.949.8363

About Michael McCue

Mr. McCue is a partner and the 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. Mr. McCue oversees a domestic and international trademark portfolio of more than 5,000 trademarks.

Representative Cases/Matters

Trademark Cases – Federal Court

Representing 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).
Represented Electronic Arts in 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).
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).
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 home builder 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 International Service Association, E! Entertainment, MGM Resorts International, and Las Vegas Sands Corporation.

Copyright Cases

Representing 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

Representation (either as lead or local counsel) in patent infringement actions for Bayer Shering, NIKE, Lifetime Products, Certegy, MGM Resorts International, and others.
Won summary judgment on invalidity of a patent 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).

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 (1997-2008).

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, Anticounterfeiting Committee, Member
iTech Law Association Member
Leadership Las Vegas, Graduate (2003)
University of Nevada, Las Vegas William S. Boyd School of Law, Adjunct Professor (Internet Law)
President, Federal Bar Association (Nevada Chapter) 2005
Vegas PBS, Former Board Member
Classroom on Wheels, Former Board Member

Publications

Author, "Secondary Liability for Trademark and Copyright Infringement," Utah Cyber Symposium, February 2012
Author, “Common Mistakes By Practitioners Involving IP Law,” Nevada Lawyer, November 2011
Author, “Copyright Protection for Trademarks in the United States,” INTA Bulletin, October 2011
Author, "ACTA Talks Continue; INTA Offers Input," INTA Bulletin, September 2010
Author, "Letters of the Law: Drafting Cease and Desist Letters in the United States Under the New Declaratory Judgment Actions Standard,"INTA Bulletin, August 2010
Author, "Trademark Disputes in the Hospitality Industry," Feature Article, INTA Bulletin, October 2009
Co-Author, "Intellectual Property: Common Mistakes Made by Casinos," Casino Enterprise Management, October 2009
Author, “International Intellectual Property Disputes Arising Out of Las Vegas Trade Shows: The Important Role of Our Federal Court,” Communiqué, April 2008
Author, “Got a Secret? Don’t Give it Away,” Nevada Hospitality, February 2004
Author, “Malpractice Pitfalls: What Every Attorney Should Know About Intellectual Property Law,” Nevada Lawyer, 2003
Author, “Recipe for Disaster: Trademark Law for Restaurants,” Nevada Hospitality, 2003
Author, “Primer on Copyright Law and the TEACH Act,” National Media Market, 2003
Author, “The Letters of the Law: Cease and Desist Letters,” Nevada Lawyer, 2003
Author, “Protect Your Business Through an Intellectual Property Audit,” Nevada Business Journal, 2002
Author, “Trademark Infringement on the Wild Wild Web,” Communiqué, 2000
Author, “Avoiding Trademark Troubles,” Casino Journal, 1998

Speaking Engagements

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, WA
Speaker, “Hot Topics in Intellectual Property,” Association of Corporate Counsel, February 2009, Las Vegas
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
Speaker, “Internet Marketing,” American Marketing Association, February 2004, Las Vegas, Nevada
Speaker, “Copyright Law and the TEACH Act,” National Media Market, 2003, Las Vegas

Court Admissions

U.S. Court of Appeals, Federal Circuit, 2004
U.S. Supreme Court, 2003
U.S. Court of Appeals, Ninth Circuit, 2000
U.S. District Court, 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 was the only Nevada attorney selected by trademark practitioners for inclusion in Who’s Who Legal USA for Trademarks in 2006. Mr. McCue was included in the 2009 and 2011 editions of the Legal Elite Top 100, published by Nevada Business. He was included in the 2010 and 2011 editions of Mountain States Super Lawyers in the category of Intellectual Property Litigation.

Mr. McCue was a CSC Name Protect Top 50 Trademark Lawyer in 2008.

Trademark Insider ranked Mr. McCue #1 in trademark filings among Nevada attorneys and #13 in trademark filings in the United States during the second quarter of 2006. Mr. McCue was also ranked #26 in volume of trademark filings (2008) in the United States by Trademark Insider. Lewis and Roca as a whole ranked #19, and Mr. McCue oversees many of Lewis and Roca's trademark cases. Martindale.com ranked Lewis and Roca as #2 in the United States in volume of trademark cases handled over the past two years.

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.