Headshot image of Chanille Carswell

Chanille Carswell

IP Litigation

Michigan

(248) 226-2854

  • Overview
  • Representative Matters
  • Background
  • Featured Content
  • Insights

Industries

  • Automotive

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 the firm's Chief Diversity Officer and leads the Diversity Committee.

Representative District Court/ITC Matters

Versata Software v. Ford Motor Company (E.D. Michigan and E.D. Texas): Lead counsel for Ford in lawsuits involving over 30 alleged trade secrets, 16 patents, 5 copyrights and 3 breach of contract claims relating to complex enterprise software for product configuration.  Versata originally sought over $1.4 Billion in damages from Ford.  After more than 8 years of litigation in federal courts in Michigan and Texas, more than 20 IPRs/CBMRs, over 60 depositions, over 1000 docket entries including multiple rounds of claim construction, summary judgment and Daubert challenges, and a three-week jury trial, John and his team held Versata to just $3 in nominal damages.  Case No. 2:15-cv-10628.

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

Education

J.D., Wayne State University Law School

B.A., Michigan State University

Organizations & Affiliations

State Bar of Michigan

State Bar of Georgia

Michigan Intellectual Property Inn of Court, Past Membership Chair

Leadership Council on Legal Diversity, 2015 Fellow

Recognitions

“Legal Lions of the Week”, Law 360, 2023

“Notable Women Lawyer in Michigan,” Crain’s Detroit Business, 2021

Diversity Business Leader, Salute to Diversity, Corp! Magazine, 2021

Michigan Super Lawyers, Intellectual Property, 2021-2023

“Leader in the Law,” Michigan Lawyers Weekly, 2020

“World Trademark Review 1000 Recommended Individual,” Intellectual Asset Management, 2020-2023

Industries

  • Automotive

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

 

Publications

Co-Author, “Chapter 17: Intellectual Property,” Michigan Causes of Action Formbook, March 2020

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

Insights

Press Releases

Abha Fadipe Chosen as 2024 LCLD Fellow; Marla Spain, Ph.D. and Francesca Cusumano Appointed to Pathfinder Program

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Press Releases

Seven Brooks Kushman Shareholders Recognized as Trademark Leaders; Firm Recognized in World Trademark Review 1000 Listing

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Media Coverage

Brooks Kushman Featured in Law360 Article on Michigan’s Biggest Decisions Of 2023

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Client Alerts

Court Enters Final Judgement for $3 in Versata Software, Inc. v. Ford Motor Company

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Press Releases

Seven Brooks Kushman Shareholders Recognized as Trademark Leaders; Firm Recognized in World Trademark Review 1000 Listing

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Press Releases

Six Brooks Kushman Lawyers Named To 2023 Super Lawyers; One Attorney Honored As Rising Star

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Press Releases

Brooks Kushman Continues Participation in Mansfield Rule for Midsize Firms for 2023-2024 Certification

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Press Releases

Chanille Carswell to be a Panelist at the Break Into Law Conference for Aspiring BIPOC Law Students

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Press Releases

Brooks Kushman Receives Aspire Diversity Award

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Press Releases

Seven Brooks Kushman Shareholders Recognized as Trademark Leaders; Firm Recognized in World Trademark Review 1000 Listing

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Press Releases

Brooks Kushman Received Midsize Mansfield Certification Plus

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Press Releases

Tiffany Fidler, Ph.D. Chosen as LCLD 2022 Fellow; Reza Roghani Esfahani and Chelsea Pasquali Appointed to Pathfinder Program

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Press Releases

Seven Brooks Kushman Shareholders Recognized As Trademark Leaders; Firm Recognized In World Trademark Review 1000 Listing

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Blog

Celebrating Black History Month 2022

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Blog

Celebrating Veteran’s Day

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Blog

Celebrating Diwali

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Blog

Celebrating Native American Heritage Month

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Blog

Celebrating National Disability Employment Awareness Month

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Press Releases

Brooks Kushman Chief Diversity Officer Chanille Carswell Named a Diversity Business Leader in Michigan

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Blog

Celebrating National Hispanic Heritage Month

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Press Releases

Brooks Kushman CEO Sangeeta Shah and CDO Chanille Carswell Named in Crain’s Notable Women in the Law

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Blog

Black History Month: Dr. Marian Croak (1955- ) and Dr. Shirley Ann Jackson (1946- )

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Blog

Black History Month: Frederick McKinley Jones (1893-1961) and Arlyne Simon, Ph.D. (Currently Innovating)

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Blog

Black History Month: Elijah McCoy (1844-1929) & Dr. Patricia Bath (1942-2019)

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Blog

Black History Month: Thomas L. Jennings (1791-1856)

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Press Releases

Brooks Kushman’s New Chief Diversity Officer Chanille Carswell Discusses Her Aims to Broaden Mentoring and Recruiting Efforts in Detroit Legal News

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Media Coverage

Brooks Kushman Chief Diversity Officer Chanille Carswell Mentioned in Crain’s People on the Move

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Press Releases

Brooks Kushman Announces Chanille Carswell as Chief Diversity Officer

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Press Releases

Brooks Kushman Shareholder Chanille Carswell Named To The 2020 Class Of “Leaders In The Law” By Michigan Lawyers Weekly

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Press Releases

Four Brooks Kushman Shareholders Recognized As Trademark Leaders, Firm Earns Gold Honor In World Trademark Review 1000 Listing

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Press Releases

Brooks Kushman Shareholder John Rondini Invited to Join Board of Michigan IP Inn of Court

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Webinar

2018/2019 Supreme Court Intellectual Property Review

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Webinar

IP Litigation in 2019: Key Developments from 2018 and Predictions for the New Year

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Blog

Preview: Supreme Court 2018/2019 Intellectual Property Docket

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Press Releases

5-hour ENERGY® Named “Top Verdicts of 2016”

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Blog

April Court Decision Round-Up

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Press Releases

Brooks Kushman Appoints Shareholder Chanille Carswell as 2015 Leadership Council on Legal Diversity Fellow

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Press Releases

Brooks Kushman Adds Five Shareholders; Expands Leadership as Firm Continues to Grow

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Presentations

Brooks Kushman Attorney Chanille Carswell will Present at a Seminar for ArtServe Michigan’s Lawyers for Creative Ecomony

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Press Releases

Women Helping Women

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Publications

Retail ambiance: is it protectable?

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