Professional
Brian Darville founded Brocadiant PLLC to capitalize on over two decades of litigation experience in federal courts throughout the U.S. and over a decade of experience handling intellectual property protection for trademarks and copyrights. Brocadiant PLLC provides comprehensive trademark, unfair competition, copyright and ecommerce legal services to its clients throughout the United States. Brocadiant brings its extensive experience with trademarks, copyrights, ecommerce and litigation to bear in each case to obtain, maintain, protect and enforce these rights, providing tightly woven intellectual property protection.
Brian has extensive experience in the areas of trademark, unfair competition and copyright before administrative tribunals and in federal courts throughout the country. He has handled numerous trademark, unfair competition and copyright cases in federal court. He frequently litigates domain name disputes under the Anticybersquatting Consumer Protection Act, as well as opposition and cancellation proceedings before the Trademark Trial and Appeal Board ("TTAB").
Brian has experience in all aspects of trademark prosecution, including clearance opinions, and prosecution of trademark applications in the U.S. and in other countries. He counsels clients in all aspects of trademark and copyright law, portfolio management and maintenance, and licensing of intellectual property, litigation and ecommerce.
Education
University of Virginia
B.A., Economics, 1981
University of Virginia School of Law
J.D., 1985
George Washington University Law School
LL.M., Patent & Intellectual Property Law, Highest Honors, 1998
Bar Admissions
Virginia State Bar, 1985
District of Columbia Bar, 1986
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. District Court for the District of Colorado
U.S. District Court for the Eastern District of Virginia
U.S. District Court for the Eastern District of Wisconsin
Professional Affiliations
International Trademark Association
Membership Committee, Law Firm Subcommittee, 2007-2009
Editorial Board Member, The Trademark Reporter, 2002-2003
American Intellectual Property Law Association
Chair, Trademark Law Committee, 2005-2007
Vice Chair, Trademark Law Committee, 2004-2005
Chair, Trademark Internet/Cyberspace Committee, 2002-2004
Vice Chair, Trademark Internet/Cyberspace Committee, 2001-2002
Copyright Society of the U.S.A.
Internet Law & Business
Trademark Editor, 2004-Present
Legal Services of Northern Virginia
Board of Directors, 2006-Present
American Bar Association
Intellectual Property Law and Litigation Sections
District of Columbia Bar
Intellectual Property Law and Litigation Sections
Virginia State Bar
Intellectual Property Law and Litigation Sections
Publications and Speaking Engagements
"The Trademark Dilution Revision Act of 2006: Facilitating Proof of Dilution for Truly Famous Marks," Internet Law & Business, December 2006
"Trademarks Year in Review 2006"
Selected Precedential Decisions of the U.S. Circuit Courts of Appeal
Precedential Decisions of the TTAB
AIPLA Annual Meeting, Washington, D.C., October 2006
"Second Circuit Holds Identical Marks Give Rise to Presumption of Actual Dilution," www.mondaq.com May 3, 2005
"Pop-Up Ads: Confusion (and Annoyance) Online and In Court," Internet Law and Business, October, 2004; Cyberspace Infringement Litigation Reporter, Vol. 1, No. 1 July, 2004.
Cyberspace Cases Summary - AIPLA Spring Meeting, May 9, 2001, AIPLA 2001 Spring Meeting Papers (and CD-ROM)
Speaker, Hot Topics in Patents, Trademarks and Copyrights 2006-Trademarks Year in Review 2006, AIPLA Online CLE, January 12, 2007
Speaker, Trademarks Year in Review 2006, AIPLA Annual Meeting, October 2006, Washington, D.C.
Moderator, Is it Time for a Sui Generis Design Protection Law in the U.S.?
IPO Annual Meeting, September 2007, New York, NY
Moderator, Trademark and Copyright Disputes on the Internet, AIPLA Spring Meeting, May 2004, Dallas, Texas.
Speaker, Entertainment Law: Copyrights and Trademarks Online, Law Seminars International, Nashville, Tennessee, February 28 to March 1, 2002
Speaker, Trademarks and the Internet, American Society of Mechanical Engineers, Alexandria, Virginia, May 6, 2002
Speaker, The Anticybersquatting Consumer Protection Act, AIPLA Spring Meeting, May 2001, San Francisco, California
Speaker, Cyberspace Cases Working Group Reports, AIPLA Trademark Internet/Cyberspace Committee, October 2000 and May 2001
Speaker, Intellectual Property Protection for Emerging Businesses, Fairview Park Marriott, Falls Church, Virginia, June 23, 1999.
