Chanille Carswell

Co-Chair Litigation | Patent & Trademark Litigation | USPTO Oppositions & Cancellations

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Chanille`s practice focuses on trademark, trade dress, copyright and patent litigation, unfair competition, and appeals in a wide range of industries such as automotive, banking, construction machinery, consumer products, e-commerce and insurance. She also represents clients in trademark opposition and cancellation proceedings before the United States Patent and Trademark Office.

Chanille`s experience includes all aspects of intellectual property litigation from the inception of a case through trial, including motion practice, discovery, depositions, and settlement negotiations. Chanille has extensive experience in briefing and/or arguing motions for dismissal, summary judgment, discovery, Daubert exclusion, preliminary and permanent injunctions, contempt and sanctions. Chanille`s experience also includes trademark counseling, clearance, protection, enforcement, and the management of the domestic and foreign trademark portfolios of Fortune 500 companies.

Chanille has litigated cases across the country and is admitted to practice in the U.S. District Court for the Eastern District of Michigan, the U.S. District Court for the Eastern District of Texas, the Sixth Circuit Court of Appeals, and the Seventh Circuit Court of Appeals. She has also been admitted pro hac vice in U.S. District Courts in California, Illinois and New Hampshire.

Prior to joining Brooks Kushman, Chanille served as a Judicial Law Clerk for the Honorable Victoria A. Roberts of the U.S. District Court for the Eastern District of Michigan. There she researched and drafted bench memoranda, orders and opinions in various practice areas including trademark, trade dress and patent infringement, products liability, and commercial law.

Chanille previously worked as a staff attorney for UAW Chrysler Legal Services, where she litigated civil cases in bench and jury trials. Early in her career, Chanille also worked as a staff attorney for the Legal Aid and Defender Association (Civil and Criminal Divisions). During those years, she handled all aspects of litigation in civil and criminal cases, including bench and jury trials, all aspects of motion practice and discovery, settlement and plea agreements, and general legal counseling.

Chanille is also a member of the firm`s Diversity Committee.

Representative Matters

Innovation Ventures, LLC d/b/a Living Essentials, v. N.V.E., Inc. (Jury Trial – E.D. Michigan): Represented Plaintiff Living Essentials in trademark infringement action involving plaintiff’s 5-Hour ENERGY trademark. The jury found that Defendant N.V.E.’s sale of a competing product named “6 Hour Power” infringed Plaintiff’s trademark and awarded $10.6 million in damages. The jury also awarded an additional $11.5 million in disgorgement of N.V.E.’s profits and fully rejected N.V.E.’s $60 million false advertising claim. Case No: 4:08-cv-11867

Lucky’s Detroit, LLC v. Double L Inc. (Summary Judgment – E.D. Michigan): Represented Defendant Double L, Inc. in a declaratory judgment action brought by the Plaintiff regarding the LUCKY’S and LUCKY’S STEAKHOUSE and design trademarks owned and registered by Double L. The Court ruled in Double L’s favor granting summary judgment on Double L’s counterclaim for trademark infringement and awarding disgorgement of the Plaintiff’s profits. Case No. 4:09-cv-14622

Organizations and Affiliations

State Bar of Michigan

State Bar of Georgia

Michigan Intellectual Property Inn of Court

Leadership Council on Legal Diversity, ’16 Fellow

Corporate Counsel Women of Color

Publications

Co-Author, “Retail ambiance – is it protectable?” Trademark World, January 2009

Presentations

Co-Presenter, “2018-2019 Supreme Court Intellectual Property Review” BK Webinar, July 2019

Speaker, “Intellectual Property Law and Issues for Arts and Cultural Advocacy Organizations,” Art Serve Michigan’s Lawyers for the Creative Economy (LCE) seminar, December 2012

Presenter, Art Serve Michigan’s Lawyers for the Creative Economy (LCE) Seminar, December 2012

 

Education

J.D., Wayne State University Law School

B.A., Michigan State University

Admissions

U.S. District Court, Eastern District of Michigan

U.S. District Court, Eastern District of Texas

Michigan Supreme Court

U.S. Court of Appeals – 6th Circuit 

U.S. Court of Appeals – 7th Circuit