Mitchell Radin
Primary Areas of Practice
Overview
Mitchell Radin is a well-known attorney in the trademark field with over twenty-five years’ experience. He has represented global businesses and individual entrepreneurs in a range of intellectual property matters, including trademark and copyright counseling and planning, trademark management and prosecution, commercial transactions and licensing, and dispute resolution.
His experience includes serving as in-house Trademark Counsel for a large multinational corporation whose products included pharmaceuticals, health care products, and confectionery products. He has worked with clients in different industries and fields, including apparel, retail stores, financial services, comic creators, food and beverages, business consultants, and eyewear companies. He can apply the learning and experience from one industry to another which allows for more creative and innovative approaches, and, typically, superior outcomes.
Mitchell is known for applying a low-key, reasoned, and respectful approach to his matters. This typically facilitates arriving at an acceptable and cost-efficient plan or agreement, and is effective when working with individual clients, corporations, and in-house counsel. Because trademarks are often global, he operates in jurisdictions around the world as the situation requires, working with a trusted set of counsel in other countries, with whom he has long established relationships.
He provides clients with trademark and copyright counseling in connection with the adoption and implementation of new trademarks and creative works. Clients entering a market with a new brand work with Mitchell to make sure legal risk is minimized, and new trademarks are cleared and protected legally.
Management and prosecution of trademarks is another important facet of Mitchell’s practice. After a trademark has been cleared, he helps discern the best form of trademark protection and application and the parameters of the application. He works with clients to develop the optimal plans and trademark applications for new marks and future marks.
Mitchell also assists clients with the sale and licensing of trademark and copyright rights and original works of authorship, in connection with merchandising and the sales of businesses. He has advised a wide spectrum of clients in deals involving their marks and images.
In navigating each of these scenarios, he has the ability to see a problem as well as look down the road and discern what kinds of creative solutions might be best for the client, as well as acceptable to the opposing party or other party to an agreement. Often, this can be done without going through considerable cost and effort. His experience and the judgment that arises from it make him efficient and results-oriented, often in unexpected ways.
A versatile, knowledgeable, and thoroughly professional attorney with decades of experience, Mitchell is known as a problem-solver, a listener, and a trusted advisor.
Experience
Mitchell represents U.S. and internationally-based companies and entrepreneurs in a wide range of intellectual property areas including:
- Counseling in the selection, adoption, use, and protection of trademarks and brands.
- Filing and prosecuting of trademark applications in the United States Trademark Office and managing international trademark application program filings.
- Agreements with designers of creative works.
- Agreements between licensing agents and licensors.
- Commercial agreements involving licensing, development, and sale of creative works and trademarks, copyrights, patents, technology, designs, and know-how.
- Counseling in the selection, adoption, use, registration, and protection of trademarks and brands.
- Dispute resolution in matters involving trademarks, trade dress, copyrights and designs, and Oppositions and Cancellation procedures before the U.S. Trademark Trial and Appeal Board.
- Commercial relationships between licensor-trademark and intellectual property owners and licensees, manufacturers, and agents.
Honors & Recognitions
The International Bar Association selected Mitchell for its publication “Who’s Who Legal USA – Trademarks.”
Newsroom
News
Speaking Engagements
Publications
Mitchell is an invited author on trademarks and licensing.
His article “Disclaimers as a Remedy for Trademark Infringement: Inadequacies and Alternatives,” published in The Trademark Reporter, was relied upon by the U.S. Court of Appeals for the Second Circuit in Home Box Office v. Showtime/The Movie Channel, 832 F.2d 1311, 1315-16.
"Selected Issues Arising Under the Doctrine of Trademark Abandonment", 79 Trademark Reporter 59.
“The Significance of Intent to Copy in a Civil Action for Copyright Infringement” 54 Temple Law Quarterly 1.
Community & Professional
Mitchell has served as a Trustee and member of the Executive Council of the Visual Art Center of New Jersey. His professional leadership activities have included being a committee member and active participant in the International Trademark Association (INTA), and membership in Licensing International and the New York State Bar Association.
Practices
- Brand Protection
- Copyright Prosecution
- Due Diligence
- Emerging Companies
- Ex Parte Trademark Expungement and Reexamination
- International Filings
- Licensing and Transactions
- Portfolio Management
- Trademark Litigation
- Trademark Oppositions and Cancellations
- Trademark Prosecution
- Trademark Searching and Watching
Education
J.D., Yale Law School
L.L.M., Trade Regulation, New York University School of Law
B.A., Hamilton College (summa cum laude and Phi Beta Kappa)
Bar & Court Admissions
Bar Admissions
- New York
Court Admissions
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York