Nicole Kinsley

Counsel - 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) 
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Bar Admissions

  • Massachusetts
  • New York

Court Admissions

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