Practice Areas

Intellectual Property

Education

Carnegie Mellon University (B.A., 1994)

Fordham University School of Law (J.D., 1998)

Bar Admissions

New York

U.S. District Courts for the Southern and Eastern Districts of New York

U.S. Court of Appeals for the Second Circuit

U.S. Court of International Trade

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Brendan P. McFeely
Associate

Email: bmcfeely@kanekessler.com
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Tel: 212.519.5188
Fax: 212.245.3009


Brendan P. McFeely is a senior associate in the firm's Intellectual Property practice group. Mr. McFeely specializes in intellectual property, entertainment and publishing law, with a particular interest in trademark clearance and prosecution,  licensing, trademark counseling, prosecution of infringement matters, and copyright infringement and unfair competition matters.  He is also actively involved with the firm's mergers and acquisitions practice with regard to the sale or acquisition of companies possessing large portfolios of intellectual property.  Prior to attending Fordham University School of Law, Mr. McFeely worked in the book publishing industry.

Mr. McFeely is the author of several articles on trademark and copyright law. 

Memberships and Associations

International Trademark Association

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Prosecution

Maintain trademark portfolios for:

  • major direct-marketing company
  • major military and police contractor
  • world-famous men's fashion apparel brand
  • well-known fashion retailer
  • world-famous restaurant management group

Licensing

  • Represented internationally famed multi-million-dollar luxury goods company in trademark and copyright licensing matters related to the exploitation of luxury-goods brand throughout various fields, including apparel, marketing, and mass-market consumer motor vehicle branding.
  • Represented multi-billion-dollar defense, military and police contractor in drafting and negotiating technology licenses ranging from large-scale military contracts to detailed and discrete patent, technology and software licensing on both licensee and licensor side
  • Acted as lead licensing counsel for multi-million-dollar toy licensee of well-known brands including Fisher-Price and CSI
  • Acted as counsel for 100+-million-dollar footwear manufacturer in negotiating licensee-side brand name licenses for well-known apparel brands
  • Acted as lead counsel for multi-million-dollar brand licensing company’s ground-up development of girls’ and juniors’ lifestyle apparel and accessories brand, including trademark development, clearance and prosecution, trademark licensing, and resolving disputes with licensees
  • Acted as lead counsel for apparel and accessories manufacturer’s licensee and licensor-side brand name licensing for well-known luxury and mid-range brands
  • Represented parent company of international restaurant chain in all aspects of licensing and intellectual property management worldwide.

 Entertainment and Publishing

  • Represented comic book publishing company in drafting and negotiating service and employment agreements with creative staff and freelancers, in drafting and negotiating authorship and publicity rights agreements with famed film directors and personalities, and in all content-acquisition and licensing deals
  • Represented independent film-makers and authors in production agreements, distribution agreements, work-for-hire agreements and rights-option/development agreements
Mergers & Acquisitions
  • Represented childreb's book publisher on author negotiations, trademark matters and sale of business
  • Represented publicly-traded multi-billion-dollar consumer-products company in all aspects of intellectual property asset acquisitions from third parties including major national brands.  Negotiate and draft intellectual property sections of merger agreements, stock purchase agreements and asset purchase agreements for deals ranging up to $3 billion.  Manage and coordinate IP due diligence review team and interact with client and corporate counsel at highest levels of review
  • Represented publicly-traded multi-billion-dollar defense, military and police contractor in all aspects of intellectual property asset acquisition from third parties.  Negotiate and draft intellectual property sections of merger agreements, stock purchase agreements and asset purchase agreements for deals ranging up to $1.5 billion.  Manage and coordinate intellectual property due diligence review team and interact with client and corporate counsel at highest levels of review
  • Represented publicly-traded multi-million dollar consumer-products company in sale of substantially all assets, including international intellectual property portfolio of patents and trademarks.