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John C. McElwaine

Partner

Liberty Center
151 Meeting Street
Suite 600
Charleston, SC 29401
101 Constitution Avenue, NW
Suite 900
Washington, D.C., 20001
john.mcelwaine@nelsonmullins.com
+ Other Locations

John McElwaine, managing partner of Nelson Mullins Riley & Scarborough LLP's Charleston office, focuses his practice in intellectual property, Internet, domain name and technology litigation, and strategic counseling. He is also based in the Firm's Washington, D.C., office.

John McElwaine, managing partner of Nelson Mullins Riley & Scarborough LLP's Charleston office, focuses his practice in intellectual property, Internet, domain name and technology litigation, and strategic counseling. He is also based in the Firm's Washington, D.C., office.

John McElwaine, managing partner of Nelson Mullins Riley & Scarborough LLP's Charleston office, focuses his practice in intellectual property, Internet, domain name and technology litigation, and strategic counseling. He is also based in the Firm's Washington, D.C., office.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

  • Develops, advises and implements online intellectual property policing campaigns as well as brand protection measures on the Internet and within online social media networks
  • Counsels and advocates for clients on a variety of domain name and ICANN policy matters
  • In the area of litigation - has been involved with federal and state proceedings, as well as actions brought at the Trademark Trial and Appeal Board and arbitration 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
  • Has lectured on copyright, trademark, trade secret, Internet and technology legal issues to various organizations and for continuing legal education credit

Education

  • University of South Carolina School of Law, JD (1995)
    • Earned first place, ASCAP Nathan Burkin Memorial Competition for a paper titled, “Digital Audio Technology and Copyright Law”
    • Associate Editor, Notes and Articles, The South Carolina Environmental Law Journal
  • University of South Carolina, Honors College, BA, Political Science and History, cum laude (1992)

Admissions

  • South Carolina
  • District of Columbia

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney’s inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • The Best Lawyers in America® -- Copyright Law, Trademark Law (2013-2018)
  • 2012 INTA Volunteer Service Award for the Advancement of Committee Objectives
  • Graduate, Dick Riley Institute Diversity Leadership Academy (2006)
  • Board of Directors of ThinkTEC
  • Leadership Charleston Class of 2002
  • Chairman of the Internet Committee, International Trademark Association (INTA) for 2016-2017
  • Intellectual Property Constituency (IPC) of ICANN (member since 2009)
    • IPC Participation Coordinator (2015-Present)
    • ICANN Board Nominating Committee representative (2013 and 2014)
    • Selected to serve on the Implementation Recommendation Team for the Trademark Clearinghouse.
    • Selected to serve on the ICANN Working Group developing the High Security Top Level Domain Zone Certification.
  • World Intellectual Property Organization (WIPO) panelist for UDRP cases (2015-Present)
  • Vice Chairman of the Internet Committee, International Trademark Association (INTA) for 2014-2015
  • Subcommittee Chairman of the INTA New gTLD Registry Issues Subcommittee (2012-2013)
  • Intellectual Property Section’s Special Committee on Trademark and the Internet, American Bar Association
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