John McElwaine is a partner of Nelson Mullins Riley & Scarborough LLP in Charleston focusing his practice in intellectual property, Internet, domain name and technology litigation, and strategic counseling.

Experience

• In the area of litigation - has been involved with federal and state actions, as well as actions brought at the Trademark Trial and Appeal Board and arbitration proceedings under ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP)
• Has experience in researching and analyzing trademark availability opinions, preparing and prosecuting trademark applications, including drafting amendments and responses to examining attorneys, and trademark strategic counseling
• Manages, maintains, and polices a variety of large corporate and educational institution’s trademark portfolios
• Work in the area of strategic counseling involves advising technology clients on intellectual property matters, including the assignment, licensing and development of software, applications and other technology, as well as brand protection measures on the world wide web and within online social media networks

Publications

• Editor and contributor to the Firm’s monthly CYBERWATCH e-mail newsletter, which provides summaries of legal and business news related to Internet issues and e-commerce
• "Cyber Attacks," The South Carolina Lawyer (January-February 2002 edition)
  • Covered different statutory and common law actions for electronic hacking and the theft of electronic information
• "My Name, My Heritage, My Trademark Infringement Suit?" The South Carolina Lawyer (June-August 1996 edition)
  • Discussed the often overlooked issue of trademark infringement based upon use of one’s family name

Speaking Engagements

• Has lectured on copyright, trademark, trade secret, Internet and technology legal issues to various organizations and for continuing legal education credit
• Speaker at the INTA Annual Meeting on the topic of Taking and Defending Trademark Depositions (2005)