FIRM:
Shareholder
PRACTICE FOCUS:
EXPERTISE:
Represents clients in intellectual property matters and commercial litigation throughout Utah, Nevada and California in state and federal courts.
Represents clients in high-stakes litigation involving trademarks, patents, copyrights and trade secrets.
Counsels and assists clients in the acquisition of intellectual property rights, and has extensive experience registering trademarks with the United States Patent and Trademark Office, including proceedings before the Trademark Trial and Appeal Board.
Negotiates license agreements.
He is admitted to practice in Utah, California and Nevada and regularly handles litigation matters for clients in all three jurisdictions. In Winter 2004, Mr. Ekins taught a class on trademarks for the extern program at the University of California San Diego.
EDUCATION:
New York University, J.D., 1997
Brigham Young University, B.A., History and Russian,1994
PERSONAL:
Born in Lawrence, Massachusetts, 1969
REPRESENTATIVE CASEWORK:
- Metabolife, Inc. v. Rexall Sundown Mr. Ekins represented Metabolife in a trademark infringement action against a competitor based on competitor's sale of dietary supplement under the mark "Metabolite". At the time, "Metabolife 356" was one of the most popular diet pills on the market. Seeking to capitalize on that success, Rexall Sundown began selling a virtually identical product called "Metabolite" in big-box retail outlets at half the price of "Metabolife 356". Metabolife sued and within months obtained summary judgment on two of Rexall's primary defenses, after which Rexall settled on terms very favorable to Metabolife.
- American Heavy Moving and Rigging v. Robb Technologies et al. Mr. Ekins represents AHM in Nevada federal court in an action for misappropriation of trade secrets and breach of contract against the designer and manufacturer of AHM's first-of-its-kind heavy haul transporter. AHM settled on favorable terms with the designer and remains in litigation with the manufacturer. Mr. Ekins also represents AHM in a separate patent infringement lawsuit against the purchaser of the infringing product, Sheedy Drayage Co.
- Trent West v. Jewelry Innovations, Inc. et al. Mr. Ekins defended Jewelry Innovations and Benchmark in a patent infringement action brought by the holder of patents covering tungsten carbide rings, resulting in licenses for Jewelry Innovations and Benchmark.
- Stampin' Up!, Inc. Mr. Ekins represents Stampin' Up!, Inc. in numerous trademark and copyright prosecutions and lawsuits.
