Mark A. Cantor
Chairman Emeritus & General Counsel
Michigan OfficeP (248) 358-4400mcantor@brookskushman.com

Mark is one of the founders of the firm and has been with the firm as a Shareholder since 1983. He has over 35 years of IP litigation experience. He has extensive experience in dealing with complex litigation matters in all technology areas and has tried cases relating to patents, trademarks, trade secrets and copyrights in state and federal courts and administrative tribunals throughout the country and in a number of international forums.
Mark takes a special interest in his client’s IP goals by understanding how their strategies align with their business interests. He creates tailored strategies by understanding the commercial realities and working on a plan of action that is cost-effective but still provides an enforceable competitive edge for the client.
Mark is specifically recognized for his trademark litigation practice. Due to his success in this field, several of Brooks Kushman’s largest clients look to Mark for trademark enforcement matters. He has also been recognized by many of the industry’s leading publications for his in-court victories, including obtaining the largest trademark jury verdict in Michigan history.
Mark has handled inter partes administrative proceedings before the U.S. Patent and Trademark Office and the International Trade Commission. Mark has been extremely active in a number of cases involving insurance coverage in intellectual property cases, to try and reduce the cost of litigation to the client.
In addition to specializing in IP litigation, Mark also has a particular skill for negotiating business focused resolutions. Mark has a knack for developing creative solutions to resolve seemingly intractable disputes by fashioning a settlement based on business realities.
Additionally, Mark has an active practice advising clients on the acquisition, management and licensing of intellectual property. He has worked with many clients to develop a management strategy to enable clients to accurately and efficiently manage and monetize their intellectual property portfolios.
Mark served as President of the firm from 2007-2018. He has also served as General Counsel of the firm for over two decades and continues in that role today.
Representative Matters
Mag Automotive LLC V. Gadra Enterprises, Inc. (Summary Judgment – E.D. Michigan): Represented defendant Gadra in a trademark infringement matter relating to a numbering system on automotive equipment parts. Convinced the court that plaintiff did not have any enforceable trademark rights as the asserted trademarks were functional and had no secondary meaning, and the Court granted Summary Judgment for Gadra. Also convinced the Court to deny Plaintiff Mag Automotive’ s motion for Summary Judgment on Gadra’s counterclaims alleging false advertising, business and product disparagement, and tortious interference with business relationships and allow those claims to go to trial. The matter settled before trial. Case No. 2:16-cv-12049
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
Ancora Techs. v. Apple, Inc. 744 F.3d 732 (Fed. Cir. 2014)
Living Essentials v. NVE, 694 F.3d 723 (6th Cir. 2012)
Hochstein v. Microsoft Corp., 430 Fed. Appx. 898 (Fed. Cir, 2011)
Sunbeam Products, Inc, v. HoMedics, Inc. 412 Fed. Appx. 263 (Fed. Cir. 2010)
OnStar, LLC v. Micral, Inc., 2010 WL 3420340 (N.D.Ohio 2010)
P&M Services v. Gubb, 372 Fed, Appx. 613 (6th Cir. 2010)
Armament Systems & Procedures, Inc. v, IQ H.K., Ltd. 328 Fed. Appx. 625 (Fed. Cir. 2008)
Gubb v. P&M Services, 267 Fed. Appx. 956 (Fed. Cir. 2008)
General Motors Corp. v. Lanard Toys, Inc., 468 F.3d 405 (6th Cir. 2006)
General Motors Corp. v. The Wildside, 133 Fed. Appx. 106 (6th Cir. 2004)
Cincinnati Ins. Co. v. Zen Design Group, Ltd., 329 F.3d 546 (6th Cir. 2003)
Therma-Scan, Inc. v. Thermoscan, Inc., 295 F.3d 623 (6th Cir. 2002)
Therma-Scan, Inc. v. Thermoscan, Inc., 217 F.3d 414 (6th Cir. 2000)
STX, LLC v. Brine, Inc., 211 F.3d 588 (Fed. Cir. 2000)
K`Arsan Corp. v. Christian Dior Perfumes, Inc., 1998 U.S. App. Lexis 27658 (6th Cir. 1998)
Advance Watch Co. v. Kemper Nat`l Ins. Co., 99 F.3d 795 (6th Cir. 1996)
J. Thomas Distributors v. Greenline Distributors,41 U.S.P.Q.2d 1382 (6th Cir, 1996)
Parameter Driven Software v. Mass Bay Ins. Co., 25 F.3d 332 (6th Cir. 1994)
Janda v. Riley-Meggs Industries, Inc. 764 F. Supp. 1223 (E.D. Mich. 1991)
Lear Siegler, Inc. v. Sealy Mattress Co., 873 F.2d 1422 (Fed. Cir. 1989)
Glasstech, Inc. v. Ab Kyro Oy, 769 F.2d 1574 (Fed. Cir. 1985)
Organizations and Affiliations
State Bar of Michigan
American Bar Association
Michigan Intellectual Property Law Association
Intellectual Property Owner Association
Recognitions
“Leading Lawyer,” Leading Lawyer Magazine, 2014-2019
Lawyer of the Year, Patent Law, Best Lawyers, 2019
“World Trademark Review 1000 Recommended Individual,” Intellectual Asset Management, 2015-2019
“IAM Patent 1000 Recommended individual,” Intellectual Asset Management, 2014 – 2018
Best Lawyers in America, 2009-2019
“IP Star”, Managing Intellectual Property, 2013 – 2018
“500 Most Powerful Business Leaders in Metro Detroit”, Dbusiness, 2018-2019
“Leader in the Law”, Michigan Lawyers Weekly 2017
Michigan Super Lawyers, Intellectual Property, 2007-2019
“Top Lawyer,” DBusiness Magazine, 2009-2020
“10 Power Lawyers in Michigan,” Crain’s Detroit Business, 2009
Press Releases
Ten Brooks Kushman Shareholders Named To 2020 Top Lawyers List
Brooks Kushman Shareholder Recognized as one of the 500 Most Powerful Business Leaders in Detroit
Six Brooks Kushman Lawyers Named To 2019 Super Lawyers List; Seven Attorneys Honored as Rising Stars
Nine Brooks Kushman Attorneys Ranked As 2020 Best Lawyer; Two Attorneys Recognized As 2020 Lawyer Of The Year
Brooks Kushman Recognized In The Top Tier Of Each IP Rankings Category By Managing IP; Six Shareholders Named “IP Stars”
Five Brooks Kushman Shareholders Recognized As Trademark Leaders, Firm Earns Gold Honor In World Trademark Review 1000 Listing
Brooks Kushman Announces New Executive Committee to Serve as Firm Leadership
Six Brooks Kushman Shareholders Named To 2019 Top Lawyers List
Federal Circuit Rules in Favor of Brooks Kushman Client Ancora Technologies, Inc.
Brooks Kushman Recognized as 2018 Top Workplace By Detroit Free Press
Brooks Kushman Ranked In The 2019 Best Law Firms List; Nine Attorneys Ranked As Best Lawyer
Brooks Kushman Recognized by ChIPs and Diversity Lab With Honor Roll Award for Advances in Diversity and Inclusion
Twelve Brooks Kushman Lawyers Named To 2018 Super Lawyers List; Eight Attorneys Honored as Rising Stars
Brooks Kushman Hosts Chinese Delegation in Partnership With Michigan State University
Brooks Kushman Welcomes Detroit Cristo Rey Students
Brooks Kushman President Recognized as One of the 500 Most Powerful Business Leaders in Detroit
Nine Brooks Kushman Attorneys Ranked As Best Lawyer; Two Attorneys Recognized as Lawyer of the Year
Brooks Kushman Named One of Metro Detroit’s 101 Best and Brightest Companies to Work For
Brooks Kushman Recognized as Gold-Standard Firm By IAM Annual Patent 1000; Six Attorneys Recognized as Top Practioners
Brooks Kushman Recognized in the Top Tier of Each IP Rankings Category by Managing IP; Six Shareholders Named “IP Stars”
Five Brooks Kushman Shareholders Recognized as Trademark Leaders, Firm Earns Gold Honor in World Trademark Review 1000 Listing
Brooks Kushman Recognized as 2017 Top Workplace by the Detroit Free Press
Brooks Kushman Ranked In The 2018 Best Law Firms List; Nine Attorneys Ranked As Best Lawyer
Brooks Kushman Expands Patent Prosecution and Litigation Practice With Two New Associates
Twelve Brooks Kushman Lawyers Named To 2017 Super Lawyers List; Ten Attorneys Honored As Rising Stars
Nine Brooks Kushman Attorneys Ranked as 2018 Best Lawyers
Brooks Kushman Named One of Metro Detroit’s 101 Best & Brightest Companies to Work For
2017 Corporate Partner of the Year by Judson Center
Gold in IAM Annual Patent 1000
2017 Chambers USA Top Intellectual Property Firms
Tiye Greene Expands Trademark Practice
Six Shareholders Named “IP Stars” By Managing IP
Ranked As One Of The “Top 20 Firms” By Juristat
5-hour ENERGY® Named “Top Verdicts of 2016”
Frank Angileri Named IP Litigator of The Year
Girl Scouts To Earn IP Patch At USPTO Detroit
Top 100 Patent Firms in the United States
Brooks Kushman Appoints Principal Lissi Mojica as 2017 Leadership Council On Legal Diversity Fellow; Associate LeKeisha Suggs Appointed as a Participant in the Pathfinder Program
Brooks Kushman President Honored As A 2017 Leader in the Law
Brooks Kushman Welcomes Richard J. Cantor, Expands Patent Prosecution Practice
Brooks Kushman Earns Gold Honors In World Trademark Review 1000 Listing
Brooks Kushman Ranked in the 2017 Best Law Firms List; Eight Attorneys Ranked as Best Lawyers
Five Brooks Kushman Lawyers Named To 2017 Top Lawyers List
Brooks Kushman Further Expands Los Angeles Office; Hires David A. Randall as Shareholder
Brooks Kushman Hires Prominent IP Professional; Opens Washington D.C. Office
Eight Brooks Kushman Lawyers Named To 2016 Super Lawyers List; Eight Attorneys Honored As Rising Stars
Michigan’s Best and Brightest in Wellness
Brooks Kushman Named One of Metro Detroit’s 101 Best & Brightest Companies to Work For
Brooks Kushman Congratulates 7 Attorneys Named as 2017 Best Lawyers In America
Brooks Kushman Recognized as Gold-Standard Firm in Patent 1000 Listing for Third Consecutive Year
Brooks Kushman Attorneys Named “IP Stars” by Managing IP
Brooks Kushman Named Among the Top 100 Patent Firms in the United States
Brooks Kushman Secures Largest Trademark Verdict in Michigan History for 5-Hour Energy
Brooks Kushman Recognized as a 2015 Top Workplace
Eleven Brooks Kushman Attorneys Named Top Lawyers
Brooks Kushman Recognized as 2016 Best Law Firm
Brooks Kushman Dedicates Portion of October Billings to National Breast Cancer Foundation
Fifteen Brooks Kushman Attorneys Named 2015 Super Lawyers and Rising Stars
Brooks Kushman Named One of Metro Detroit's 101 Best & Brightest Companies to Work For
Five Brooks Kushman Attorneys Recognized as 2016 Best Lawyers in America
Brooks Kushman Recognized as Michigan's only Gold-Standard Firm in Patent 1000 Listing
Brooks Kushman Attorneys Named IP Stars by Managing IP
Brooks Kushman Shareholder Receives WLAM Regional Leadership Award
Brooks Kushman Shareholder Kristin Murphy to present at Detroit Entrepreneur Week Small Business Legal Academy
Brooks Kushman Earns Gold Honors in World Trademark Review 1000 Listing
Brooks Kushman Congratulates Six New Shareholders
Brooks Kushman Recognized as a 2014 Top Workplaces National Standard Employer
Brooks Kushman Recognized by U.S. News & World Report as a 2014 Best Law Firm; Five Shareholders Named as Best Lawyers
Brooks Kushman Shareholder to Discuss Navigation of the Patent System at the
Sixteen Brooks Kushman Attorneys Named 2014 Super Lawyers and Rising Stars
Brooks Kushman Senior Attorney to Discuss Claim Drafting in Presentation to Japanese Intellectual Property
Brooks Kushman Named One of Metro Detroit's 101 Best & Brightest Companies to Work For
Brooks Kushman Recognized as Leader in Patent Prosecution and IP Litigation in BTI`s IP Outlook Report
Brooks Kushman Adds Three Associates
Brooks Kushman Shareholders to Present at The Big M Manufacturing Convergence
Brooks Kushman Shareholder Kristin Murphy Named to Inforum inGAGE Advisory Council
Brooks Kushman Shareholder Kristin Murphy to present at the Journal of Business & Securities Law Spring Symposium
Brooks Kushman Shareholder Kristin Murphy Named to Western New England University's Board of Trustees
Brooks Kushman Continues to Expand IP Depth with the Addition of Two Attorneys
Kristin Murphy Discusses 10 Breakthrough Technologies at the Annual Collaboration for Entrepreneurship
Brooks Kushman Expands Patent Prosecution Team with the Addition of Isaac Slutsky
Brooks Kushman Hires Four Associates as Patent Prosecution and Litigation Practices Grow
Brooks Kushman Announced as Gleaners July Volunteer Super Group of the Month
Brooks Kushman Named 2013 Michigan Top Workplaces National Standard Winner
Brooks Kushman Hosts Intellectual Property Panel at Accelerate Michigan Innovation Competition
Four Brooks Kushman Attorneys Recognized as 2014 Top Lawyers
Four Brooks Kushman Shareholders Named 2013 Managing Intellectual Property IP Stars
Brooks Kushman Supports Challenge Detroit Effort
Brooks Kushman's Cantor and Angileri Recognized as 2014 Best Lawyers in America
Brooks Kushman Publishes Sixth Edition of Intellectual Property Primer Covering the Latest Changes in the IP Landscape
Brooks Kushman Expands Open Sourcing Compliance Offering with Formalized Team, Outreach Efforts
Legal News Articles Discuss Brooks Kushman's 30 Years of Success
Brooks Kushman Further Expands Patent Prosecution Practice with Two New Attorneys
Brooks Kushman Recognized as Largest IP Law Firm in Michigan
Brooks Kushman Recognized as a Top National IP Law Firm in the 19th edition of Best Lawyers in America; Shareholders Mark Cantor and Frank Angileri Ranked as Best Lawyers
Addition of Attorneys Rebecca J. Cantor and Nathan A. Reed, Ph.D., Further Expands Brooks Kushman's Life Sciences and Biotechnology Industry Strengths
Twelve Brooks Kushman Attorneys Selected as DBusiness Top Lawyers for 2013
Brooks Kushman Boosts Growing Los Angeles Presence with Office Move Downtown and Addition of Experienced Litigator
Brooks Kushman Win Makes LexisNexis' Top 10 Trademark Victories
Brooks Kushman Successfully Defends LUCKY'S Trademarks for Client Double L Inc.
Brooks Kushman Ranked Among Law360's Largest Intellectual Property Practices
Brooks Kushman Trademark Attorneys Appointed to International Trademark Association Committees
Brooks Kushman Attorneys Honored by Michigan Super Lawyers in Intellectual Property
Brooks Kushman Attorney Honored Among 2012 Women Worth Watching
Cantor Offers Insight on the Recent Supreme Court Decision of Microsoft v i4i and the Impact to IP Litigation
Brooks Kushman Hires Scharf as Senior Attorney; Further Diversifies Trademark Practice
Brooks Kushman's Hang Named to Board of Chinese Association of Greater Detroit
Three Brooks Kushman Lawyers Named to Top Lawyers 2011` List
'Lunch with a Lawyer' Event Features Firm's President
Brooks Kushman President Weighs in on a Detroit-based Satellite USPTO
Michigan Lawyers Weekly Highlights Mark Cantor's Legal Career in Patent Law
Brooks Kushman President Offers Insight on the Growth of IP Law
Brooks Kushman's Cantor and Angileri Named Best Lawyers in America
The Fab Five: Five Brooks Kushman Lawyers Named to 2010 Super Lawyers List; Two Attorneys Honored as Rising Stars
Brooks Kushman's Golden Morey Honored Among 2010 Women in the Law
Brooks Kushman Veteran Burton Retires After Successful Half Century Legal Career
Brooks Kushman Promotes IP Veteran Sparschu to Head of Trademark Group
Brooks Kushman's Kramer Honored as a 2010 Leader in the Law by Michigan Lawyers Weekly
Three Brooks Kushman Lawyers Honored as Top Lawyers in Metro Detroit'
Brooks Kushman Hires Redman and Adelman to Support Growing Trademark Practice
Brooks Kushman Unveils Newly Designed, Improved Web Site
Brooks Kushman Lawyers Cantor and Angileri Recognized Among 2009 Best Lawyers in America
Brooks Kushman's Lora Graentzdoerffer Honored with Fusion Horizon Award for Professional, Civic and Community Accomplishments
Brooks Kushman Hires IP Experts M. Sparschu and T. Quinlan.
Brooks Kushman's Mark Cantor Honored as a Power Lawyer by Crain's Detroit Business
Brooks Kushman P.C. Celebrates 25th Anniversary and Exponential Growth
Six Brooks Kushman Lawyers Named to 2008 Super Lawyers List; Five Up-and-Coming Attorneys Named Rising Stars
Brooks Kushman Law Firm Opens Office in Los Angeles
NorthPole Companies Secure Summary Judgment Against Bravo Sports, Inc.
Brooks Kushman P.C. Names Phyllis Golden Morey as Inaugural Chief Diversity Officer
Brooks Kushman P.C. Appoints Five New Shareholders
Brooks Kushman's Anessa Kramer Named to Crain`s Detroit Business' 40 Under 40, Class of 2007 List
Brooks Kushman P.C. Law Firm Appoints New Leadership
Ernie L. Brooks 1942-2007
Brooks Kushman Garners Trademark Insider® Award as Leading Detroit Trademark Law Firm
Brooks Kushman Hires Molly Mack as Trademark Attorney
Brooks Kushman Hires Industry Veteran Daniel Stock, Enhances Corporate Transactions Expertise
Brooks Kushman Hires Phyllis Morey, Expands Focus on Commercial Litigation and e-Discovery
Brooks Kushman Drives Marketing Efforts with Billboard Ads IP Firm`s Innovative Campaign Tied to Detroit Auto Show
Client Alerts
In Win for Brooks Kushman Client Ancora Technologies, Federal Circuit Rules that Software Security Invention Is Patent-Eligible
Supreme Court Strikes Down Lanham Act’s Prohibition of Registration of Disparaging Trademarks
Supreme Court Expands Copyright Protection
B&B Hardware District Courts Consider Impact on Both Trademark and Patent Litigation
Courts Applying Gunn v. Minton Must Distinguish - Forward-Looking - From - Backward-Looking - Patent Issues
Media Coverage
Featured, “While IP-focused firms shed attorneys, general practice firms hold steady or beef up,” Crain’s Detroit Business, June 2015
Featured, “Shake Shack seeks patent on use of metro Detroit Chicken Shack’s name,” Crain’s Detroit Business, June 2015
Featured, “Tech transfer office can help a professor turn intellectual gifts into gold,” Crain’s Detroit Business, December 2014
Featured, “The Best Lawyers in America 2015,” Best Lawyers, August 2014
Featured, “2014 IAM Patent 1000,” Intellectual Asset Management, June 2014
Featured, “IP Stars,” Managing Intellectual Property, May 2014
Featured, “2013 Super Lawyers List,” Super Lawyers, September 2013
Featured, “Largest Intellectual Property Law Firm in Michigan,” Crain’s Detroit Business, April 2013
Featured, “Top Verdicts, Settlements of 2011,” Crain’s Detroit Business, February 2012
Featured, “High-Tech Streetlights Debit in Farmington Hills,” Crain’s Detroit Business, October 2011
Featured, “Safe to Sue?” Crain’s Detroit Business, June 2011
Featured, “Lunch with A Lawyer,” Detroit Legal News, February 2011
Featured, “Patent Office Should Help Innovators,” Michigan Lawyers Weekly, January 2011
Featured, “On the Stand, ” Michigan Lawyers Weekly, December 2010
Featured, “IP Law Firms See Uptick in Business, Plan to Add Staff,” Crain’s Detroit Business, December 2010
Featured, “Fortune 100 Companies in 2008,” IP Law & Business, January 2010
Featured, “Top Lawyers in Metro Detroit,” DBusiness, December 2009
Featured, “2009 Super Lawyers List,” Intellectual Property Litigation, October 2009
Featured, “Top 25,” “Nifty 50 List,” Internet Marketing Attorney, June 2004
Publications
Author, “What’s Next for Software Patents,” Xology Magazine, January 2015
Author, “What a Patentee Must do to Prove Infringement and Damages of a Method Claim for Computer Software,” Michigan Computer Lawyer, 2001
Presentations
Speaker, “When Does It Make Sense to Litigate?,” Managing Intellectual Property Global Trademark Roadshow 2018, March 2018
Speaker, “Intellectual property Panel,” Accelerate Michigan Innovation Competition, November 2013
Speaker, Trade Secret Litigation,” Intellectual Property Spring Seminar, 2006
Speaker, “Trademark and Trade Dress Fundamentals,” on behalf of Michigan Intellectual Property Law Association to member of the US District Court for the Eastern District of Michigan, 2006
Education
J.D., University of Detroit Mercy, cum laude
M.S., Civil Engineering, University of Michigan
B.S., Civil Engineering, University of Michigan
Admissions
U.S. District Court, Eastern District of Michigan
U.S. District Court, Western District of Michigan
U.S. District Court, District of Colorado
U.S. District Court, Western District of New York
U.S. District Court, Western District of Wisconsin
U.S. District Court, Northern District of Ohio
U.S. District Court, Eastern District of Texas
U.S. Court of Appeals – Federal Circuit
U.S. Court of Appeals – 6th Circuit
Michigan Supreme Court
U.S. Supreme Court