Scot A. Duvall

Scot Duvall is an intellectual property attorney in the firm's Louisville, Kentucky office. He has practiced in the fields of trademarks and intellectual property for over 25 years, including representing Top Fortune 500 companies. His practice includes brand development and clearance, and trademark registration in the U.S. Patent & Trademark Office (USPTO). His transactional experience includes licensing, contracting, due diligence, and IP-related aspects of business transfer and franchise agreements. He also has experience in pre-litigation disputes as well as in litigation in the Trademark Trial & Appeals Board and federal courts.

Reported Decisions

• In re Viterra Inc., 671 F3rd 1358, 101 U.S.P.Q2D (BNA) 1905 (Fed. Cir. 2012). An oft-cited case from the U.S. Court of Appeals for the Federal Circuit, Mr. Duvall clarified the scope of registration for word and logo trademarks in the USPTO.
• Community Trust Bancorp, Inc. v. Community Trust Fin. Corp., 692 F.3d 469 (6th Cir. 2012). Litigation involving trademark use on the Internet, Mr. Duvall argued and won a unanimous decision in the U.S. Court of Appeals for the Sixth Circuit, reversing a lower court's finding of personal jurisdiction.
• Moseley v. Secret Catalogue, Inc. Served as co-counsel representing the petitioner in the landmark U.S. Supreme Court trademark case in which the Court issued a unanimous 9-0 decision in the client's favor.

Recent News, Articles & Speaking Engagements

• Monetizing Intellectual Property: The Basics and Benefits of Licensing, Stites & Harbison Client Alert, December 18, 2023
• Intellectual Property: Gaming and the Arts, Marshall University Technology Transfer Office (TTO), Huntington, WV, November 28, 2023
• INTA treatise State Trademark and Unfair Competition Law, Kentucky Chapter, updated yearly
• Chasing Moseley's Ghost: Dilution Surveys Under the Trademark Dilution Revision Act, co-author, The Trademark Report, Vol. 98, No. 6, November-December 2008
• The Trademark Dilution Revision Act of 2006: Balanced Protection for Famous Brands, The Trademark Reporter, Vol. 97, No. 6, November-December 2007
• The FTDA After Moseley v. V. Secret, co-author, The Trademark Reporter, Vo. 93, No. 4, July-August 2003

Presentations

Scot has presented to the following groups:

• International Trademark Association
• Midwest Intellectual Property Summit (Indiana Continuing Legal Education Forum)
• TAGLaw Midwest Regional Meeting
• ALI-ABA
• Washington College of Law at American University
• University of Dayton School of law symposium on "Superstar Marks," with Prof. Graeme Dinwoodie
• University of Louisville Brandeis School of Law
• National Business Institute
• Kentucky Bar Association
• Louisville Bar Association
• Kentucky Library Association

Community Involvement

• Alumni Guest Professor, Political Humor course and related simulation (Prof. James E. Lennertz), "The Supreme Court Law, Justice and Humor," Lafayette College (Fall 2000)

More Than Stites & Harbison

Scot has lectured widely and published numerous articles on trademark and copyright law, the Internet and first amendment issues. He previously served as an Adjunct Professor of Law at the University of Louisville Brandeis School of Law.