Mike Matesky focuses his practice on disputes and litigation involving all aspects of intellectual property, including patents, trademarks, copyrights, trade secrets, and rights of publicity/personality. Mike represents clients in federal and state court litigation, domain name arbitration proceedings, as well as out-of-court dispute resolution mechanisms.
Mike also has significant experience counseling clients in numerous industries regarding prosecution, transactional, and other non-adversarial matters related to trademarks, copyrights, and domain names, with a particular interest in arts and entertainment issues.
Education
- J.D., Order of the Coif, Chicago-Kent College of Law, 2005
- B.A., English, Spanish, University of Washington, 2001
Professional Experience
- Christensen O’Connor Johnson Kindness PLLC, Seattle, WA, 2010 to present
- Klarquist Sparkman, LLP, Seattle, WA
Associate, 2007 to 2010 - Dorsey & Whitney, LLP, Minneapolis, MN
Associate, 2005 to 2007
Bar & Court Admissions
- Washington State Bar
- Minnesota State Bar (2005 to 2010)
- District Courts: W.D. Wash., D. Minn.
Professional Affiliations
- American Bar Association
- American Intellectual Property Law Association
- Intellectual Property Owners Association
- King County Bar Association
- Washington Lawyers for the Arts
Representative Litigation
Preferred Nutrition Inc., et. al. v. Lorna Vanderhaeghe, et. al.
U.S. District Court for the Western District of Washington
Represented plaintiffs in lawsuit involving trademark, trade dress, unfair competition, right of publicity, and related claims. Obtained favorable settlement for plaintiffs after some discovery and motion practice.
CollegeNET, Inc. v. Collegenetportal.com
U.S. District Court for the District of Oregon
Represented plaintiff in an in rem lawsuit under the Anticybersquatting Consumer Protection Act against the collegenetportal.com domain name, which was held by a Nigerian registrant. Obtained favorable settlement under which the domain name was transferred to plaintiff before discovery or motions.
CollegeNET, Inc. v. The College Network, Inc.
U.S. District Court for the District of Oregon
Represented plaintiff in suit for trademark infringement, unfair competition, and related causes of action against a defendant using confusingly similar domain names and advertising keywords. Obtained favorable settlement after extensive discovery.
Anascape, Ltd. v. Microsoft Corp., et. al.
U.S. District Court for the Eastern District of Texas
Represented defendant in a patent infringement suit related to Xbox game controllers. Obtained favorable settlement shortly before trial, after partial stay and partial summary judgment of noninfringement and no willful infringement.
REPRESENTATIVE DOMAIN NAME ARBITRATIONS (UDRP)
Kirlin Charitable Foundation v Direct Privacy LTD Direct Privacy ID 39C08 (Nat. Arb. Forum 2011)
Obtained transfer of seedsofcompassion.org domain name from cybersquatter who had set up a fraudulent look-alike website.
Symetra Life Ins. Co. v. Mcintosh (Nat. Arb. Forum 2011)
Obtained transfer of symetraconsolidation.com domain name from apparent phishing operation.
CollegeNET, Inc. v. Zerbo (Nat. Arb. Forum 2009)
Obtained transfer of collegenet.org domain name from notorious cybersquatter.
Publications and Presentations
The Uniform Domain Name Dispute Resolution Policy: A Useful Tool for Battling Online Trademark Infringement, CLE Presentation for Christensen O’Connor Johnson Kindness (February 2010).
Attorney-Client Privilege: Tips for Prosecutors and Litigators, Seminar for the King County Bar Association, IP Section (November 2009).
Copyright Law and Music/Recording Issues: The Rules, The Exceptions, and Practical Advice, Presentation to the Pacific Northwest Section of the Audio Engineering Society (March 2008).
Whose Song is it Anyway? When are Sound Recordings Used in Audiovisual Works Subject to Termination Rights and When are They Works Made for Hire?, 5 VA. SPORTS & ENT. L.J. 63 (2005).
The Digital Millennium Copyright Act and Non-Infringing Use: Can Mandatory Labeling of Digital Media Products Keep the Sky from Falling?, 80 CHI.-KENT L. REV. 515 (2005).