Professional
Brian Darville founded Brocadiant Legal PLLC to capitalize on over two decades of litigation experience in federal courts throughout the U.S. and over a decade of experience handling intellectual property protection for trademarks and copyrights. Brocadiant Legal PLLC provides comprehensive trademark, unfair competition, copyright, business, employment and ecommerce legal services to its clients throughout the United States. Brocadiant brings its extensive experience with trademarks, copyrights, business, employment, ecommerce and litigation to protect and enforce its clients’ rights.
Mr. Darville has extensive experience in the areas of trademark, unfair competition and copyright, appearing before administrative tribunals and federal courts throughout the country. He has handled numerous trademark, unfair competition and copyright cases in federal court. He frequently litigates domain name disputes under the Anticybersquatting Consumer Protection Act, as well as opposition and cancellation proceedings before the Trademark Trial and Appeal Board (“TTAB”). He also assists clients in protecting and enforcing their employment rights and policies.
He has experience in all aspects of trademark prosecution, including clearance opinions, and prosecution of trademark applications in the U.S. and in other countries. He counsels clients in all aspects of trademark and copyright law, portfolio management and maintenance, and licensing of intellectual property, litigation and ecommerce. He counsels clients in numerous areas of employment law to ensure a fair and efficient workplace fully compliant with state and federal laws.
Education
- University of Virginia
B.A., Economics, 1981 - University of Virginia School of Law
J.D., 1985 - George Washington University Law School
LL.M., Patent & Intellectual Property Law, Highest Honors, 1998
Bar Admissions
- Virginia State Bar, 1985
- District of Columbia Bar, 1986
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court for the District of Colorado
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Eastern District of Wisconsin
Professional Affiliations
- International Trademark Association
- Membership Committee, Law Firm Subcommittee, 2007-2009
- Editorial Board Member, The Trademark Reporter, 2002-2003
- American Intellectual Property Law Association
- Board of Directors, 2009-2012
- Chair, Trademark Law Committee, 2005-2007
- Vice Chair, Trademark Law Committee, 2004-2005
- Chair, Trademark Internet/Cyberspace Committee, 2002-2004
- Vice Chair, Trademark Internet/Cyberspace Committee, 2001-2002
- Copyright Society of the U.S.A.
- Internet Law & Business
- Trademark Editor, 2004-Present
- Legal Services of Northern Virginia
- Board of Directors, 2006-Present
- American Bar Association
- Intellectual Property Law and Litigation Sections
- District of Columbia Bar
- Intellectual Property Law and Litigation Sections
- Virginia State Bar
- Intellectual Property Law and Litigation Sections
Publications and Speaking Engagements
- The Importance of Protecting Confidential Business Information (Part I of II), Business Ventures, Second Quarter, 2011
- The Importance of Protecting Confidential Business Information (Part II of II), Business Ventures, Third Quarter, 2011
- The Law and eCommerce: Drafting Web Site Privacy Policies, Business Ventures, Fourth Quarter, 2010
- eCommerce and Small Business: Drafting Web Site Terms of Use Policies, Business Ventures, Third Quarter, 2010
- Copyright and Small Business: A Plan for Owning and Protecting Key Business Assets, Business Ventures, Second Quarter, 2010
- “The Trademark Dilution Revision Act of 2006: Facilitating Proof of Dilution for Truly Famous Marks,” Internet Law & Business, December 2006
- “Trademarks Year in Review 2006”
- Selected Precedential Decisions of the U.S. Circuit Courts of Appeal
Precedential Decisions of the TTAB
AIPLA Annual Meeting, Washington, D.C., October 2006 - “Second Circuit Holds Identical Marks Give Rise to Presumption of Actual Dilution,” www.mondaq.com May 3, 2005
- “Pop-Up Ads: Confusion (and Annoyance) Online and In Court,” Internet Law and Business, October, 2004; Cyberspace Infringement Litigation Reporter, Vol. 1, No. 1 July, 2004
- Cyberspace Cases Summary – AIPLA Spring Meeting, May 9, 2001, AIPLA 2001 Spring Meeting Papers (and CD-ROM)
- Speaker, Hot Topics in Patents, Trademarks and Copyrights 2006-Trademarks Year in Review 2006, AIPLA Online CLE, January 12, 2007
- Speaker, Trademarks Year in Review 2006, AIPLA Annual Meeting, October 2006, Washington, D.C.
- Moderator, Is it Time for a Sui Generis Design Protection Law in the U.S.?
IPO Annual Meeting, September 2007, New York, NY - Moderator, Trademark and Copyright Disputes on the Internet, AIPLA Spring Meeting, May 2004, Dallas, Texas.
- Speaker, Entertainment Law: Copyrights and Trademarks Online, Law Seminars International, Nashville, Tennessee, February 28 to March 1, 2002
- Speaker, Trademarks and the Internet, American Society of Mechanical Engineers, Alexandria, Virginia, May 6, 2002
- Speaker, The Anticybersquatting Consumer Protection Act, AIPLA Spring Meeting, May 2001, San Francisco, California
- Speaker, Cyberspace Cases Working Group Reports, AIPLA Trademark Internet/Cyberspace Committee, October 2000 and May 2001
- Speaker, Intellectual Property Protection for Emerging Businesses, Fairview Park Marriott, Falls Church, Virginia, June 23, 1999