Subscribe
Alert
Please keep in mind that merely contacting Nelson Mullins Riley & Scarborough LLP will not establish an attorney-client relationship. Nelson Mullins cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. Accordingly, please do not send Nelson Mullins any information or documents until a formal attorney-client relationship has been established through an interview with an attorney and authorized in the form of an engagement letter from Nelson Mullins. Any information or documents sent prior to your receipt of an engagement letter cannot be treated as confidences, secrets or protected information of any nature. Clicking "Submit" acknowledges that you understand and agree with this notice.
John C. McElwaine
Partner
Liberty Center
151 Meeting Street
Suite 600
Charleston, SC 29401
151 Meeting Street
Suite 600
Charleston, SC 29401
101 Constitution Avenue, NW
Suite 900
Washington, D.C., 20001
Suite 900
Washington, D.C., 20001
john.mcelwaine@nelsonmullins.com
John focuses his practice in intellectual property, Internet, domain name and technology litigation, and strategic counseling. He works with clients in various industries to develop, advise, and implement online intellectual property policing campaigns as well as brand protection measures on the Internet and within online social media networks.
John focuses his practice in intellectual property, Internet, domain name and technology litigation, and strategic counseling. He works with clients in various industries to develop, advise, and implement online intellectual property policing campaigns as well as brand protection measures on the Internet and within online social media networks.
Experience
The 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
- Has counseled and advocated for clients on a variety of domain name and ICANN policy matters.
- In the area of litigation, he 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.
- Works 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.
- Counsels and negotiates the acquisition and all aspects of the transfer process for number (IPv4 and IPv6 IP addresses) and name (domain names) resources, including navigating Regional Internet Registry and ICANN policies and procedures.
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
The 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
- Has counseled and advocated for clients on a variety of domain name and ICANN policy matters.
- In the area of litigation, he 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.
- Works 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.
- Counsels and negotiates the acquisition and all aspects of the transfer process for number (IPv4 and IPv6 IP addresses) and name (domain names) resources, including navigating Regional Internet Registry and ICANN policies and procedures.
Media
Recognitions
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.
- Managing Intellectual Property magazine, "Trademark Star" (2022, 2023), "Transactions Star" (2022, 2023)
- National Law Journal, Intellectual Property Trailblazer (2020) – selected as one of the top 30 Intellectual Property attorneys in the Unites States for pioneering work in intellectual property
- World Trademark Review
- Recognized as a World Trademark Review Global Leader (2020, 2024)
- Recognized as a World Leading Trademark Professional by the WTR 1000 (2019–2023)
- Recognized nationally and in the D.C. Metro Area for trademark enforcement and litigation (2021)
- Recognized in the D.C. Metro Area for prosecution and strategy (2021)
- The Best Lawyers in America®, Copyright Law (2013–2025), Trademark Law (2013–2025)
- Charleston Business Magazine "Legal Elite of the Lowcountry", Intellectual Property and Innovation (2021-2024)
- 2012 INTA Volunteer Service Award for the Advancement of Committee Objectives
- Graduate, Dick Riley Institute Diversity Leadership Academy (2006)
- Leadership Charleston Class of 2002
Professional Activities
- Board of Directors, Charleston Metro Chamber of Commerce
- Chairman of the Internet Committee, International Trademark Association (INTA) for 2016–2017
- Intellectual Property Constituency (IPC) of ICANN (member since 2009)
- Treasurer (2018–2019)
- IPC Participation Coordinator (2015–present)
- ICANN Board Nominating Committee representative (2013, 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
John focuses his practice in intellectual property, Internet, domain name and technology litigation, and strategic counseling. He works with clients in various industries to develop, advise, and implement online intellectual property policing campaigns as well as brand protection measures on the Internet and within online social media networks.
Experience
The 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
- Has counseled and advocated for clients on a variety of domain name and ICANN policy matters.
- In the area of litigation, he 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.
- Works 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.
- Counsels and negotiates the acquisition and all aspects of the transfer process for number (IPv4 and IPv6 IP addresses) and name (domain names) resources, including navigating Regional Internet Registry and ICANN policies and procedures.
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.
- Managing Intellectual Property magazine, "Trademark Star" (2022, 2023), "Transactions Star" (2022, 2023)
- National Law Journal, Intellectual Property Trailblazer (2020) – selected as one of the top 30 Intellectual Property attorneys in the Unites States for pioneering work in intellectual property
- World Trademark Review
- Recognized as a World Trademark Review Global Leader (2020, 2024)
- Recognized as a World Leading Trademark Professional by the WTR 1000 (2019–2023)
- Recognized nationally and in the D.C. Metro Area for trademark enforcement and litigation (2021)
- Recognized in the D.C. Metro Area for prosecution and strategy (2021)
- The Best Lawyers in America®, Copyright Law (2013–2025), Trademark Law (2013–2025)
- Charleston Business Magazine "Legal Elite of the Lowcountry", Intellectual Property and Innovation (2021-2024)
- 2012 INTA Volunteer Service Award for the Advancement of Committee Objectives
- Graduate, Dick Riley Institute Diversity Leadership Academy (2006)
- Leadership Charleston Class of 2002
- Board of Directors, Charleston Metro Chamber of Commerce
- Chairman of the Internet Committee, International Trademark Association (INTA) for 2016–2017
- Intellectual Property Constituency (IPC) of ICANN (member since 2009)
- Treasurer (2018–2019)
- IPC Participation Coordinator (2015–present)
- ICANN Board Nominating Committee representative (2013, 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
Highlights from the Firm’s Insights
“Pro Tips for Real Estate Companies to Avoid Deadlocks and...
September 18, 2024
FCC Fiscal Year 2024 Regulatory Fees Due on Sept. 26
September 23, 2024