Admitted to Practice | Washington | | U.S. Supreme Court | | U.S. Court of Appeals 9th Circuit | | U.S. Court of Appeals 7th Circuit | | U.S. District Court Western District of Washington | | U.S. District Court Northern District of California |
| Marshall Nelson focuses on copyright, trademark and other intellectual property as well as First Amendment and media law issues. For many years he has represented newspapers, broadcasters, publishers and other media in the Northwest and nationally. He serves as copyright, trademark and advertising counsel for a wide range of businesses, handling registration, licensing and contested matters. A frequent speaker and author on intellectual property and media law issues, Marshall is also the author of amicus briefs in both the Washington and U.S. Supreme Courts on significant media issues.
Marshall's clients include: Allied Daily Newspapers, Clearwire, Energy Northwest, Far Works Inc./The Far Side, Ivan Doig, Kaiser Foundation Health Plan, Mountaineers Books, One Reel, The Seattle Times, Teatro ZinZanni and the Washington Newspaper Publishers Association.
Practice Highlights
Litigation
- Lead counsel for The Seattle Times in successful motions to open sealed court files in more than 35 King County Superior Court proceedings, resulting in changes in local court procedures and news stories that were among the finalists for the 2007 Pulitzer Prizes
- Argued newspaper’s right of access to teacher sexual misconduct records before Washington Supreme Court in Bellevue John Does v. Bellevue School District and Seattle Times Company, Dkt. No. 78603-8, argued March 2007, decision pending
- Advised co-defendant Cingular Wireless in RIM v. Samsung, CV 06-07797, U.S. Dist. Ct., C.D. Ca., January 2007, a trademark infringement action by owner of BLACKBERRY challenging Samsung and Cingular’s use of BLACKJACK; settled successfully, retaining Cingular’s right to use BLACKJACK
- Represented media organizations as amicus curiae before Washington Supreme Court in In re Orange, 152 Wash.2d 795 (2004) establishing right to open court proceedings at all stages of criminal trials
- Regularly represent trademark owners in opposition and cancellation proceedings before Trademark Trial and Appeal Board and in domain name disputes in ICANN arbitration proceedings
Transactions
- Principal attorney for Clearwire on non-patent intellectual property matters involved in $12 billion transaction with Sprint and others, signed May 2008
- Responsible for international syndication, licensing and management of all trademarks and copyrights for The Far Side®
- Management of domestic and international trademark portfolios for many companies, including Clearwire and Kaiser Permanente
- Primary responsibility for due diligence review and documentation of non-patent intellectual property matters in acquisitions and financing transactions
Selected Experience Clearwire Corporation Ongoing Responsible for worldwide trademark portfolio, including brand strategy, clearance, registration and enforcement, for this pioneering developer of wireless broadband and WiMax services since its inception. Also responsible for management and documentation of all trademark matters involved in the company's complex merger and acquisition activities. Far Works (The Far Side) Ongoing Responsible for worldwide trademark portfolio, including registration, licensing and enforcement, for Gary Larson's "The Far Side." Kaiser Permanente Ongoing Responsible for worldwide trademark portfolio, including brand strategy, clearance, registration and enforcement, for Kaiser Permanente health care organizations. Confirma 2009 Represented Confirma in its $22 million merger with Merge Healthcare Inc. Confirma is the creator of Cadstream, a medical device software system that automates the processing of breast magnetic resonance imaging studies. The Seattle Times Company 1982 Represented The Seattle Times in a landmark case setting the rights of media access to court. The Supreme Court of Washington held that trial court judge erred in closing pretrial hearing and set standards describing when court may restrict access to criminal hearings or records. Additional Qualifications
- Rights and Permissions Administrator for educational music publisher
- Officer, U.S. Army Signal Corps, 1966-1969
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Professional and Community Activities
- Past Chair, Intellectual Property Section, Washington State Bar Association
- Past Instructor in Communications Law, University of Washington Department of Communication
- Past Instructor, Intellectual Property, University of Washington Executive MBA Program
- Past Instructor, Trademark Registration, University of Washington Intellectual Property Certification Program
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Professional Recognition
- Named as one of “America’s Leading Lawyers for Business” in Intellectual Property (Washington) by Chambers USA, 2005, 2006
- Named as one of the “Best Lawyers in America” in First Amendment Law by Woodward/White, 1993-present; named in Intellectual Property Law, 1995-present
- Selected to "Washington Super Lawyers," Law & Politics, 1999, 2000, 2002-2010
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Education J.D., Northwestern University School of Law, 1972
- National prize winner in the ASCAP Nathan Burkan Memorial copyright writing competition
- Editor, Northwestern University Law Review
B.A., English, Northwestern University, 1965 | |