Nicole Kinsley

Associate - Boston

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Contact Information

Nicole Kinsley is an attorney in the firm’s Intellectual Property department, where she focuses in trademark, copyright, and false advertising matters. Her practice includes litigation, pre-litigation counseling, and strategic portfolio development.

Nicole provides a full range of trademark services. She advises clients with respect to trademark selection, clearance, prosecution, and enforcement, and helps them manage worldwide trademark portfolios.

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  • Harvard Law School, J.D., 2011
  • Amherst College, B.A., cum laude, 2008

Representative Experience

  • Obtained jury verdict of copyright infringement and maximum available damages in case involving copied greeting card designs. 
  • Obtained dismissal of declaratory judgment action against education company, after hearing where plaintiff unsuccessfully argued that proffered covenant not to sue was too narrow.  
  • Represented plaintiffs and defendants in numerous federal court copyright and trademark infringement actions.
  • Obtained dismissals of copyright litigations brought against clients on merits and jurisdictional grounds.
  • Represented clients in opposition and cancellation proceedings before the Trademark Trial and Appeal Board, leading to favorable decisions and settlements.
  • Represented plaintiffs and defendants in false advertising proceedings before the National Advertising Division.
  • Negotiated favorable resolutions to numerous disputes, helping clients to avoid litigation where possible.
  • Represented clients in investigations by the Massachusetts Attorney General’s Office.
  • Successfully enforced clients’ rights through demand letters directed to infringements of copyright, trademark rights, and/or rights of publicity.
  • Secured clients’ trademark rights through aggressive and creative prosecution strategies, including overcoming refusals from USPTO and foreign trademark offices.
  • Conducted trademark clearance and advised clients regarding strategies for trademark selection and risk avoidance.
  • Managed worldwide trademark portfolios including hundreds of applications and registrations in many jurisdictions.
  • “Trademark Infringement and Related Claims,” MCLE’s Business Torts in Massachusetts (2016 ed., with Jenevieve Maerker and Daniel McFadden)
  • “First Circuit” chapter, Class Action Compendium, The Defense Research Institute (2014 ed., with Shrutih Tewarie and Daniel Procaccini) 
  • Speaker, “2019 Developments in Copyright Law,” Boston Bar Association 20th Annual Intellectual Property Year in Review (January 23, 2020)
  • Speaker, “Top IP Cases in 2019 In-House Counsel Need to Know,” Foley Hoag Webinar (January 15, 2020)
  • Speaker, “Intellectual Property Strategies for Startups,” MassChallenge (August 22, 2019)
  • Speaker, “Top IP Cases in 2018 In-House Counsel Need to Know,” Foley Hoag Webinar (January 16, 2019) 
  • Speaker, “Practicing TM, Copyright, IP & Related Areas of Law” panel, Boston Patent Law Association (October 17, 2018) 
  • Speaker, “Trademark, Copyright, and Patent 101,” Lawyers’ Committee for Civil Rights Under the Law (April 19, 2018)
  • Speaker, “Copyright Basics for the Generalist In House Counsel,” Foley Hoag Webinar (April 17, 2018)
  • Speaker, “Trademark Law for Patent Litigators/Patent Law for Trademark Litigators,” Boston Bar Association Intellectual Property Law Section (February 28, 2018)
  • Speaker, “Law 101 Panel” for women-led startups, SheStarts (July 12, 2017)
  • Guest Speaker, “Branding Law and Practice” course, Northeastern School of Law  (January 9, 2017)
  • Speaker, “Trademark Basics,” Lawyers’ Committee for Civil Rights Under the Law (September 7, 2016) 
  • Speaker, “Trademarks for the Generalist In House Counsel,” Foley Hoag Webinar (July 26, 2016)
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Bar Admissions

  • Massachusetts
  • New York

Court Admissions

  • U.S. Court of Appeals First Circuit
  • U.S. Court of Appeals Federal Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Eastern District of Michigan