About Michael R. Justus

A tech-savvy litigator and counselor with broad experience in IP, advertising law and novel artificial intelligence (AI) issues, Mike spearheads Katten's firmwide AI Working Group. He brings a strategic approach to the legal protection and enforcement of his clients' IP and creative assets. From counseling on global trademark clearance and protection strategies to filing legal challenges against competitors' misleading ad campaigns, Mike offers a full range of support to his clients and their brands. Mike's experience handling complex matters in IP, advertising, and other legal and regulatory areas converges in his AI practice. He was awarded the AI Governance Professional (AIGP) certification from the International Association of Privacy Professionals (IAPP); the IAPP is not affiliated with any governmental authority.

Creative legal strategy informed by business reality

Mike understands that legal strategy and business goals must be viewed together. Similarly, he sees that IP, advertising, and related legal issues often converge and must be dealt with in tandem and in ways that an IP-only or advertising-only specialist may not see. Plus, his understanding of the many facets of branding (from trademarks and logos to packaging and color schemes to the tone and claims used in messaging) allows him to collaborate with clients to solve problems in unique ways.

As the head of our AI Working Group, Mike leads the firm's efforts to track developments related to AI and Generative AI (GenAI) to help clients navigate the evolving legal and regulatory landscape, as well as identify and address risks that AI may present to their businesses. Mike counsels clients regarding unique challenges arising from the use of GenAI tools involving copyright, confidentiality, right of publicity, trademark, advertising, licensing, and other legal and regulatory areas. Clients rely on Mike to help them strategize and implement policies for the use of AI by their employees and vendors, and to responsibly deploy AI in their businesses. He also tracks important case law and legislative updates from around the world regarding AI technologies and conducts trainings for clients' in-house legal departments and business teams. Additionally, Mike frequently delivers presentations on the topics of AI/GenAI and contributes thought leadership articles to publications such as Law360, which recently recognized him as a 2023 top guest author on the topic of AI in intellectual property law.

In his trademark practice, Mike handles enforcement and litigation matters in and out of court. He has handled lawsuits before federal courts around the country and numerous proceedings before the Trademark Trial and Appeal Board. Mike routinely handles domain name arbitration proceedings under the Uniform Domain-Name Dispute-Resolution Policy (UDRP) and related international policies. Mike also collaborates with local counsel around the world to formulate global enforcement and litigation strategies. His experience includes managing comprehensive trademark enforcement programs for several famous brands in the insurance, fashion, construction and electrical equipment, and aerospace and defense industries. Mike regularly negotiates creative settlements to end or avoid disputes, including through mediation, and he has prepared numerous coexistence, consent, license, assignment and other agreements. He also guides clients through the entire trademark clearance and registration process using customized, cost-effective global protection strategies, from initial selection and clearance of new marks to obtaining US and foreign registrations.

In his advertising practice, Mike handles disputes and advises clients on compliance issues under the Lanham Act, FTC regulations and guidance, NAD precedent, state consumer protection laws, and other laws, regulations and standards. For example, Mike has handled NAD and other disputes involving "Made in USA" claims, "compare to" product labels, social media, online consumer reviews, and a wide variety of performance and comparative claims. He has served as lead advertising counsel for clients in the clothing and health care industries.

Mike is active in the International Trademark Association, currently serving as a project team leader on the AI Subcommittee of the Emerging Issues Committee. He is also a member of the Outside Counsel Committee for NAD and served as a member of the Planning Committee for the 2019 NAD Annual Conference. He regularly speaks and publishes articles regarding trademark, copyright, advertising and AI.

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Practice Focus

  • Global trademark enforcement and litigation
  • Global trademark clearance and registration
  • Advertising counseling and disputes under the Lanham Act, FTC regulations and guidance, NAD precedent, and state consumer protection laws
  • Copyright registration and disputes
  • Negotiating coexistence, consent, license, assignment and other IP agreements

Representative Experience

  • Litigation and disputes
  • Represented insurance company in appeal before the US Court of Appeals for the Fourth Circuit with extensive motion practice. Favorable cybersquatting and trademark infringement verdict was affirmed in favor of client.
  • Represented construction and mining equipment company in trademark opposition. The Trademark Trial and Appeal Board found that client's mark was famous and that consumer confusion was likely.
  • Represented aerospace company in trademark opposition and cancellation proceedings. The Trademark Trial and Appeal Board found that client’s mark was famous and that consumer confusion was likely.
  • Represented media company in false advertising lawsuit in New York federal court. Obtained summary judgment for client.
  • Represented consumer products companies in several NAD challenges with favorable results.
  • Represent real estate company in investigation by the FTC.
  • Represented kitchenware company in design patent lawsuit in Washington federal court. Obtained dismissal on summary judgment for client.
  • Represented consumer products company in trademark infringement lawsuit in Florida federal court. Resulted in favorable settlement for client.
  • Represented aerospace company in trademark infringement and dilution lawsuit in New York federal court. Obtained favorable settlement for client.
  • Represented sporting goods company in trademark infringement and dilution lawsuit in California federal court. Resulted in favorable settlement for client.
  • Represented consumer electronics company in trademark infringement and dilution lawsuit in Texas federal court. Obtained favorable settlement for client.
  • Represented insurance company in trademark infringement and dilution lawsuit in Connecticut federal court. Resulted in favorable settlement for client.
  • Counseling
  • Counsel for clients across various industries regarding novel issues with AI / GenAI.
  • Lead advertising review and compliance counsel for major health care company.
  • Global trademark counsel for large US-based companies in the paint and coatings, aerospace, and defense industries.
  • US trademark counsel for major European fashion brands.
  • Advertising counsel for large companies in the food, medical products and clothing industries.

News

Publications

Quick Reads

Presentations and Events

Practices
Education
  • Wake Forest University School of Law, JD
  • Pennsylvania State University, BS
  • International Association of Privacy Professionals, AI Governance Professional Certification
Bar Admissions
  • District of Columbia
  • Virginia
  • Florida
Court Admissions
  • US Court of Appeals, Fourth Circuit
  • US District Court, Middle District of Florida
  • US District Court, Southern District of Florida
  • US District Court, Eastern District of Virginia
  • US District Court, Western District of Virginia
Community Involvements
  • International Trademark Association
  • National Advertising Division
Recognitions
Recognized or listed in the following:
  • The Legal 500 United States
    Recommended Attorney, 2024
  • Super Lawyers Rising Stars
    Washington, DC, 2014–2018
Award Methodologies