Headshot image of Mark Cantor

Mark A. Cantor

Chairman Emeritus & General Counsel

Michigan

(248) 358-4400

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

Industries

  • Civil Engineering

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 District Court/ITC 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)

Education

J.D., University of Detroit Mercy, cum laude

M.S., Civil Engineering, University of Michigan

B.S., Civil Engineering, University of Michigan

Organizations & 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, 2009-2022

“IP Star”, Managing Intellectual Property, 2013-2022

“500 Most Powerful Business Leaders in Metro Detroit”, DBusiness, 2018-2019, 2021

“Leader in the Law”, Michigan Lawyers Weekly 2017

Michigan Super Lawyers, Intellectual Property, 2007-2021

“Top Lawyer,” DBusiness Magazine, 2009-2021

“10 Power Lawyers in Michigan,” Crain’s Detroit Business, 2009

Industries

  • Civil Engineering

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

 

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

Insights

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Brooks Kushman President to Speak at the Managing Intellectual Property Trademark Roadshow in Los Angeles

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Brooks Kushman Recognized as 2017 Top Workplace by the Detroit Free Press

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Brooks Kushman Ranked In The 2018 Best Law Firms List; Nine Attorneys Ranked As Best Lawyer

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2017 Corporate Partner of the Year by Judson Center

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Client Alerts

Supreme Court Strikes Down Lanham Act’s Prohibition of Registration of Disparaging Trademarks

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Gold in IAM Annual Patent 1000

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2017 Chambers USA Top Intellectual Property Firms

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Six Shareholders Named “IP Stars” By Managing IP

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Ranked As One Of The “Top 20 Firms” By Juristat

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

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Supreme Court Expands Copyright Protection

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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

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Brooks Kushman President Honored As A 2017 Leader in the Law

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Brooks Kushman Earns Gold Honors In World Trademark Review 1000 Listing

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Five Brooks Kushman Lawyers Named To 2017 Top Lawyers List

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Brooks Kushman Further Expands Los Angeles Office; Hires David A. Randall as Shareholder

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Brooks Kushman Hires Prominent IP Professional; Opens Washington D.C. Office

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Eight Brooks Kushman Lawyers Named To 2016 Super Lawyers List; Eight Attorneys Honored As Rising Stars

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Michigan’s Best and Brightest in Wellness

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Brooks Kushman Congratulates 7 Attorneys Named as 2017 Best Lawyers In America

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Brooks Kushman Recognized as Gold-Standard Firm in Patent 1000 Listing for Third Consecutive Year

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Brooks Kushman Attorneys Named “IP Stars” by Managing IP

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Brooks Kushman Named Among the Top 100 Patent Firms in the United States

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Brooks Kushman Recognized as a 2015 Top Workplace

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Fifteen Brooks Kushman Attorneys Named 2015 Super Lawyers and Rising Stars

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Blog

Sixth Circuit Tackles “Metaphysical Quandary” Of Design Separability: Rules That Cheerleader Uniform Graphics Are Protected By Copyright

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Media Coverage

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Shake Shack Seeks Patent on use of Metro Detroit Chicken Shack’s Name

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Brooks Kushman Attorneys Named “IP Stars” by Managing IP

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Publications

Brooks Kushman President Featured in X-ology Magazine

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Media Coverage

Brooks Kushman President Featured in Crain’s Detroit Business

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Brooks Kushman Recognized as a 2014 Top Workplaces National Standard Employer

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Client Alerts

Courts Applying Gunn v. Minton Must Distinguish – Forward-Looking – From – Backward-Looking – Patent Issues

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Brooks Kushman Recognized by U.S. News & World Report as a 2014 “Best Law Firm”; Five Shareholders Named as “Best Lawyers”

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Blog

Federal Circuit Signals Trend To Reassert Jurisdiction Over Patent-Related State Law Actions

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Sixteen Brooks Kushman Attorneys Named 2014 Super Lawyers and Rising Stars

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Five Brooks Kushman Attorneys Recognized as 2015 Best Lawyers in America ®

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Brooks Kushman Recognized as Leader in Patent Prosecution and IP Litigation in BTI`s IP Outlook Report

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Brooks Kushman Earns Gold Honors in Patent 1000 Listing

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Brooks Kushman, four attorneys named ‘IP Stars’ by Managing IP

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Brooks Kushman, four attorneys named ‘IP Stars’ by Managing IP

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Brooks Kushman Expands Patent Prosecution Team with the Addition of Isaac Slutsky

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Brooks Kushman Hires Four Associates as Patent Prosecution and Litigation Practices Grow

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Brooks Kushman Named 2013 Michigan Top Workplaces National Standard Winner

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Four Brooks Kushman Attorneys Recognized as “2014 Top Lawyers”

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Four Brooks Kushman Lawyers Named to 2013 Super Lawyers List; Ten Attorneys Honored as Rising Stars

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Four Brooks Kushman Shareholders Named 2013 Managing Intellectual Property IP Stars

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Brooks Kushman’s Cantor and Angileri Recognized as 2014 “Best Lawyers in America”

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Brooks Kushman’s Cantor and Angileri Recognized as 2014 “Best Lawyers in America”

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Brooks Kushman Publishes Sixth Edition of Intellectual Property Primer Covering the Latest Changes in the IP Landscape

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Brooks Kushman Expands Open Sourcing Compliance Offering with Formalized Team, Outreach Efforts

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Legal News Articles Discuss Brooks Kushman’s 30 Years of Success

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Brooks Kushman Recognized as Largest IP Law Firm in Michigan

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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”

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Brooks Kushman Ranked Among Law360’s Largest Intellectual Property Practices

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Cantor Offers Insight on the Recent Supreme Court Decision of Microsoft v i4i and the Impact to IP Litigation

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Brooks Kushman President Weighs in on a Detroit-based Satellite USPTO

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Brooks Kushman President Offers Insight on the Growth of IP Law

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Michigan Lawyers Weekly Highlights Mark Cantor’s Legal Career in Patent Law

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Brooks Kushman’s Cantor and Angileri Named “Best Lawyers in America”

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Brooks Kushman Promotes IP Veteran Sparschu to Head of Trademark Group

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Brooks Kushman’s Kramer Honored as a 2010 “Leader in the Law” by Michigan Lawyers Weekly

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Brooks Kushman’s Kramer Honored as a 2010 “Leader in the Law” by Michigan Lawyers Weekly

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Media Coverage

Protecting Innovation in America: Brooks Kushman Ranked as a Top IP Firm by Fortune 100 Companies

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Three Brooks Kushman Lawyers Honored as ‘Top Lawyers in Metro Detroit’

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Three Brooks Kushman Lawyers Honored as ‘Top Lawyers in Metro Detroit’

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Six Brooks Kushman Lawyers Named to 2009 Super Lawyers List; Two Up-and-Coming Lawyers Named Rising Stars

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Press Releases

Brooks Kushman Lawyers Cantor and Angileri Recognized Among 2009 Best Lawyers in America

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Brooks Kushman’s Mark Cantor Honored as a “Power Lawyer” by Crain’s Detroit Business

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Brooks Kushman’s Mark Cantor Honored as a “Power Lawyer” by Crain’s Detroit Business

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Six Brooks Kushman Lawyers Named to 2008 Super Lawyers List; Five Up-and-Coming Attorneys Named Rising Stars

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NorthPole Companies Secure Summary Judgment Against Bravo Sports, Inc.

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Presentations

Trade Secret Litigation

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Presentations

Trademark and Trade Dress Fundamentals

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Publications

What a Patentee Must Do to Prove Infringement and Damages of a Method Claim for Computer Software

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