Mark R. Bagley

Mark focuses his practice on the areas of intellectual property and data privacy. He is an experienced litigator, and he also counsels clients on how to comply with data privacy laws and how to protect their intellectual property in ways that avoid lawsuits in the first place. He is a Certified Information Privacy Professional (CIPP/US), and has counseled clients concerning how their business practices and contractual relations can be shaped to best comply with the numerous laws that define how companies can use personally identifiable information about their customers.

Mark has successfully litigated federal lawsuits through the trial phase. He has experienced all phases of the litigation process, including discovery, motion practice, depositions, preparation of experts, trial preparation, trial and appeal.

Mark’s litigation experience includes cases involving trademark infringement, copyright infringement, unfair trade practices, and patent infringement. He has also litigated numerous commercial disputes, involving topics such as breach of contract, defamation, and cybersquatting. He has represented clients in internet domain name dispute proceedings under the ICANN dispute resolution policy.

Mark has prosecuted trademark applications and conducted opposition and cancellation proceedings before the U.S. Patent and Trademark Office (USPTO). He has also counseled clients on trademark availability and the registration and protection of copyright portfolios. He has conducted IP due diligence investigations for business acquisition transactions.

Mark has represented and counseled a wide variety of local, national, and international clients. A sample of the matters on which he has worked includes:

• Represented a German cosmetics manufacturer in a lawsuit involving trademark infringement, disputes over trademark ownership, and breach of contracts

• Represented an Australian boot manufacturer in a dispute with a major U.S. footwear brand involving trademark validity, trademark infringement, and design patent infringement

• Represented and counseled a provider of specialized educational software on compliance with data privacy laws and structuring of contracts to comply with those laws

• Represented a client in copyright infringement litigation involving test preparation materials for standardized testing

• Represented a local ecommerce company in a lawsuit concerning trademark infringement and the legality of a secondary market for branded gift cards

• Represented an internet retailer in a design patent infringement lawsuit brought by a large fashion eyewear manufacturer

Admissions

Illinois State Bar
Missouri State Bar
U.S. District Court for the Northern District of Illinois
U.S. District Court for the Eastern District of Missouri
U.S. Court of Appeals for the Federal Circuit

Education

Mark obtained his law degree in 1999 from the University of Chicago Law School, where he was a member of the Law Review. He graduated cum laude from Harvard University in 1996 with an A.B. degree in English and American Literature and Language.

Certifications

Certified Information Privacy Professional (CIPP/US)

Memberships/Associations

International Trademark Association – Internet Committee (2010-2013); Enforcement Committee (2014-2017); Internet Committee (2018-present)