Margaret McHugh has been practicing law for nearly 25 years, beginning as a litigator and then transitioning to a full time trademark and copyright practitioner. Ms. McHugh's present practice is focused on strategic counseling, trademark clearance, the prosecution of trademark and copyright applications in the U.S. and internationally, global trademark portfolio management, protecting and defending clients' intellectual property rights, licensing, and other business transactions and contracts pertaining to intellectual property.
Ms. McHugh counsels and assists clients with intellectual property-related issues in a broad range of industries, focusing on high-tech fields such as computer hardware and software, medical devices and biotechnology, and well as other fields such as apparel, household consumer products, e-commerce, food products, life sciences, pharmaceuticals, transportation and wine. She has handled significant trademark and copyright matters for a variety of clients.
Ms. McHugh is experienced in civil litigation in state and federal courts involving trademarks, copyrights, trade secrets and antitrust, as well as related disputes involving commercial transactions. She has been successful in resolving numerous disputes prior to litigation, or at an early stage of litigation, through mediation, arbitration and other less costly alternatives. Mr. McHugh has also handled hundreds of inter partes disputes before the Trademark Trial and Appeal Board.
Ms. McHugh has significant appellate experience and has represented clients in a number of successful appeals, including cases involving antitrust, contract and fraud claims. She was formerly a judicial clerk for the New York Supreme Court, (Third Judicial Department).
In a copyright infringement case brought to protect our client’s proprietary website material, successfully obtained a preliminary injunction and overcame defendant’s motion to dismiss. Brayton Purcell LLP v. Recordon & Recordon (N.D. Ca. 2004), decision upheld on appeal, 575 F.3d 981 (9th Cir. 2009).
Obtained a preliminary injunction for our client in a trademark infringement case. Oracle Corporation v. Light Reading, Inc. (N.D. Ca. 2003).
Successfully and efficiently settled a trademark dispute between two pharmaceutical companies on a worldwide basis, shortly after adversarial proceedings were commenced, allowing our client to register and use its mark without interference.
Successfully defended to settlement a copyright infringement case involving our client, an Internet service provider.
Successfully litigated to settlement a trademark and copyright infringement case for our client, an Internet retail business.
Assisted the trial team and substantially contributed to defending the appeal of LMP Corporation v. Universal Manufacturing Corporation, a case in which our clients obtained a $96 million verdict for fraudulent technology suppression. On appeal, the Court of Appeal affirmed the judgment for our clients.
Other successful appeals that Ms. McHugh has handled include:
Amarel v. Connell, 102 F.3d 1494 (9th Cir. 1996) (upholding a defense verdict for our client on conspiracy to monopolize claims).
Wyler Summit Partnership v. Turner Broadcasting System (9th Cir. 1997) (upholding the dismissal of a variety of breach of contract and related claims against our client, Turner Broadcasting System).
Professional & Community Activities
International Trademark Association, Trade Name Enforcement Subcommittee, Member
National Association of Women Lawyers (NAWL), Member
American Bar Association, Section of Intellectual Property Law, Member
San Francisco Bar Association
Women's Intellectual Property Association (WIPLA), Member