“I have been very successful in resolving most IP disputes without the need for extensive litigation. At the end of the day, legitimate business considerations are what is of paramount importance. I also create tailored and strategic plans for my clients to help them reach their IP goals and business interests.”
Practice Areas
Industries
Mark is one of the founders of the firm and has been with the firm as a Shareholder since 1983. He has over 35 years of IP litigation experience. He has extensive experience in dealing with complex litigation matters in all technology areas and has tried cases relating to patents, trademarks, trade secrets and copyrights in state and federal courts and administrative tribunals throughout the country and in a number of international forums.
Mark takes a special interest in his client’s IP goals by understanding how their strategies align with their business interests. He creates tailored strategies by understanding the commercial realities and working on a plan of action that is cost-effective but still provides an enforceable competitive edge for the client.
Mark is specifically recognized for his trademark litigation practice. Due to his success in this field, several of Brooks Kushman’s largest clients look to Mark for trademark enforcement matters. He has also been recognized by many of the industry’s leading publications for his in-court victories, including obtaining the largest trademark jury verdict in Michigan history.
Mark has handled inter partes administrative proceedings before the U.S. Patent and Trademark Office and the International Trade Commission. Mark has been extremely active in a number of cases involving insurance coverage in intellectual property cases, to try and reduce the cost of litigation to the client.
In addition to specializing in IP litigation, Mark also has a particular skill for negotiating business focused resolutions. Mark has a knack for developing creative solutions to resolve seemingly intractable disputes by fashioning a settlement based on business realities.
Additionally, Mark has an active practice advising clients on the acquisition, management and licensing of intellectual property. He has worked with many clients to develop a management strategy to enable clients to accurately and efficiently manage and monetize their intellectual property portfolios.
Mark served as President of the firm from 2007-2018. He has also served as General Counsel of the firm for over two decades and continues in that role today.
Kitch LLC v. Deejayzoo, LLC (Jury Trial – C.D. California): A federal jury in Los Angeles cleared beauty brand, Kitsch, represented by Brooks Kushman, from accusations that shower caps it makes infringe a New York designer’s patented design and related trademarks. After about an hour, eight jurors indicated they were siding with Kitsch, which had sued in 2019 seeking a ruling that its products did not infringe a pair of patents and trademark-protected marketing language, owned by a company called Deejayzoo. Only one of the two patents that Deejayzoo put forward made it to trial. Brooks Kushman attorneys also proved that Deejayzoo didn’t have the right to the
Terex South Dakota, Inc. et al v. Sinoboom North America, LLC – (Preliminary Injunction and Consent Permanent Injunction – S.D. Texas) – Represented Terex Corporation in a trademark infringement matter regarding the sale of BLUE mobile elevating work platforms (“MEWPs”). After learning of a Chinese manufacturer attempting to enter the U.S. market, Marc filed a lawsuit and preliminary injunction motion to stop defendant’s sale of Blue MEWPs. The Court granted a preliminary injunction in favor of plaintiff’s motion and halted the sale and use of Sinoboom’s BLUE MEWPs. The case shortly settled in favor of our client, Terex Corporation. This decision is the only preliminary injunction decision involving a product
Mag Automotive LLC V. Gadra Enterprises, Inc. (Summary Judgment – E.D. Michigan): Represented defendant Gadra in a trademark infringement matter relating to a numbering system on automotive equipment parts. Convinced the court that plaintiff did not have any enforceable trademark rights as the asserted trademarks were functional and had no secondary meaning, and the Court granted Summary Judgment for Gadra. Also convinced the Court to deny Plaintiff Mag Automotive’ s motion for Summary Judgment on Gadra’s counterclaims alleging false advertising, business and product disparagement, and tortious interference with business relationships and allow those claims to go to trial. The matter settled before trial. Case No. 2:16-cv-12049
Innovation Ventures, LLC d/b/a Living Essentials, v. N.V.E., Inc. (Jury Trial – E.D. Michigan): Represented Plaintiff Living Essentials in trademark infringement action involving plaintiff’s 5-Hour ENERGY trademark. The jury found that Defendant N.V.E.’s sale of a competing product named “6 Hour Power” infringed Plaintiff’s trademark and awarded $10.6 million in damages. The jury also awarded an additional $11.5 million in disgorgement of N.V.E.’s profits and fully rejected N.V.E.’s $60 million false advertising claim. Case No: 4:08-cv-11867
Ancora Techs. v. Apple, Inc. 744 F.3d 732 (Fed. Cir. 2014)
Living Essentials v. NVE, 694 F.3d 723 (6th Cir. 2012)
Hochstein v. Microsoft Corp., 430 Fed. Appx. 898 (Fed. Cir, 2011)
Sunbeam Products, Inc, v. HoMedics, Inc. 412 Fed. Appx. 263 (Fed. Cir. 2010)
OnStar, LLC v. Micral, Inc., 2010 WL 3420340 (N.D.Ohio 2010)
P&M Services v. Gubb, 372 Fed, Appx. 613 (6th Cir. 2010)
Armament Systems & Procedures, Inc. v, IQ H.K., Ltd. 328 Fed. Appx. 625 (Fed. Cir. 2008)
Gubb v. P&M Services, 267 Fed. Appx. 956 (Fed. Cir. 2008)
General Motors Corp. v. Lanard Toys, Inc., 468 F.3d 405 (6th Cir. 2006)
General Motors Corp. v. The Wildside, 133 Fed. Appx. 106 (6th Cir. 2004)
Cincinnati Ins. Co. v. Zen Design Group, Ltd., 329 F.3d 546 (6th Cir. 2003)
Therma-Scan, Inc. v. Thermoscan, Inc., 295 F.3d 623 (6th Cir. 2002)
Therma-Scan, Inc. v. Thermoscan, Inc., 217 F.3d 414 (6th Cir. 2000)
STX, LLC v. Brine, Inc., 211 F.3d 588 (Fed. Cir. 2000)
K`Arsan Corp. v. Christian Dior Perfumes, Inc., 1998 U.S. App. Lexis 27658 (6th Cir. 1998)
Advance Watch Co. v. Kemper Nat`l Ins. Co., 99 F.3d 795 (6th Cir. 1996)
J. Thomas Distributors v. Greenline Distributors,41 U.S.P.Q.2d 1382 (6th Cir, 1996)
Parameter Driven Software v. Mass Bay Ins. Co., 25 F.3d 332 (6th Cir. 1994)
Janda v. Riley-Meggs Industries, Inc. 764 F. Supp. 1223 (E.D. Mich. 1991)
Lear Siegler, Inc. v. Sealy Mattress Co., 873 F.2d 1422 (Fed. Cir. 1989)
Glasstech, Inc. v. Ab Kyro Oy, 769 F.2d 1574 (Fed. Cir. 1985)
J.D., University of Detroit Mercy, cum laude
M.S., Civil Engineering, University of Michigan
B.S., Civil Engineering, University of Michigan
State Bar of Michigan
American Bar Association
Federal Bar Association Eastern District of Michigan Chapter
Michigan Intellectual Property Law Association
Intellectual Property Owner Association
“Leading Lawyer,” Leading Lawyer Magazine, 2014-2019
Lawyer of the Year, Patent Law, Best Lawyers, 2019
“World Trademark Review 1000 Recommended Individual,” Intellectual Asset Management, 2015-2019
“IAM Patent 1000 Recommended individual,” Intellectual Asset Management, 2014 – 2018
Best Lawyers in America, 2009-2025
“IP Star”, Managing Intellectual Property, 2013-2024
“500 Most Powerful Business Leaders in Metro Detroit”, DBusiness, 2018-2021
“Leader in the Law”, Michigan Lawyers Weekly 2017
Michigan Super Lawyers, Intellectual Property, 2007-2024
“Top Lawyer,” DBusiness Magazine, 2009-2021
“10 Power Lawyers in Michigan,” Crain’s Detroit Business, 2009
Speaker, “When Does It Make Sense to Litigate?,” Managing Intellectual Property Global Trademark Roadshow 2018, March 2018
Speaker, “Intellectual property Panel,” Accelerate Michigan Innovation Competition, November 2013
Speaker, Trade Secret Litigation,” Intellectual Property Spring Seminar, 2006
Speaker, “Trademark and Trade Dress Fundamentals,” on behalf of Michigan Intellectual Property Law Association to member of the US District Court for the Eastern District of Michigan, 2006
Author, “What’s Next for Software Patents,” Xology Magazine, January 2015
Author, “What a Patentee Must do to Prove Infringement and Damages of a Method Claim for Computer Software,” Michigan Computer Lawyer, 2001
Press Releases
Eight Brooks Kushman Attorneys Ranked As 2025 Best Lawyers; Frank Angileri Recognized As 2025 Lawyer of the Year
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Nine Brooks Kushman Lawyers Named to 2024 Super Lawyers; Three Attorneys Honored As Rising Stars
Read MorePress Releases
Brooks Kushman Recognized In The Top Tier Of IP Firms In The Country By Managing IP; Eight Shareholders Named “IP Stars”
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Six Brooks Kushman Lawyers Named To 2023 Super Lawyers; One Attorney Honored As Rising Star
Read MorePress Releases
Five Brooks Kushman Attorneys Ranked As 2024 Best Lawyers; Frank Angileri Recognized As 2024 Lawyer of the Year
Read MorePress Releases
Brooks Kushman Recognized In The Top Tier Of IP Firms In The Country By Managing IP; Seven Shareholders Named “IP Stars”
Read MorePress Releases
Brooks Kushman Shareholder Recognized as one of the 500 Most Powerful Business Leaders in Detroit
Read MorePress Releases
Brooks Kushman Named One of Metro Detroit’s 101 Best & Brightest Companies to Work For
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Brooks Kushman Shareholder Recognized as one of the 500 Most Powerful Business Leaders in Detroit
Read MorePress Releases
Six Brooks Kushman Lawyers Named To 2019 Super Lawyers List; Seven Attorneys Honored as Rising Stars
Read MorePress Releases
Nine Brooks Kushman Attorneys Ranked As 2020 Best Lawyer; Two Attorneys Recognized As 2020 Lawyer Of The Year
Read MorePress Releases
Twelve Brooks Kushman Lawyers Named To 2018 Super Lawyers List; Eight Attorneys Honored as Rising Stars
Read MorePress Releases
Brooks Kushman President Recognized as One of the 500 Most Powerful Business Leaders in Detroit
Read MorePress Releases
Nine Brooks Kushman Attorneys Ranked As Best Lawyer; Two Attorneys Recognized as Lawyer of the Year
Read MorePress Releases
Brooks Kushman Recognized as Gold-Standard Firm By IAM Annual Patent 1000; Six Attorneys Recognized as Top Practioners
Read MorePresentations
Brooks Kushman President to Speak at the Managing Intellectual Property Trademark Roadshow in Los Angeles
Read MorePress Releases
Brooks Kushman Ranked In The 2018 Best Law Firms List; Nine Attorneys Ranked As Best Lawyer
Read MorePress Releases
Twelve Brooks Kushman Lawyers Named To 2017 Super Lawyers List; Ten Attorneys Honored As Rising Stars
Read MorePress Releases
Brooks Kushman Named One of Metro Detroit’s 101 Best & Brightest Companies to Work For
Read MoreClient Alerts
Supreme Court Strikes Down Lanham Act’s Prohibition of Registration of Disparaging Trademarks
Read MorePress Releases
Brooks Kushman Appoints Principal Lissi Mojica as 2017 Leadership Council On Legal Diversity Fellow; Associate LeKeisha Suggs Appointed as a Participant in the Pathfinder Program
Read MorePress Releases
Brooks Kushman Ranked in the 2017 Best Law Firms List; Eight Attorneys Ranked as Best Lawyers
Read MorePress Releases
Brooks Kushman Further Expands Los Angeles Office; Hires David A. Randall as Shareholder
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Brooks Kushman Hires Prominent IP Professional; Opens Washington D.C. Office
Read MorePress Releases
Eight Brooks Kushman Lawyers Named To 2016 Super Lawyers List; Eight Attorneys Honored As Rising Stars
Read MorePress Releases
Brooks Kushman Congratulates 7 Attorneys Named as 2017 Best Lawyers In America
Read MorePress Releases
Brooks Kushman Recognized as Gold-Standard Firm in Patent 1000 Listing for Third Consecutive Year
Read MorePress Releases
Brooks Kushman Dedicates Portion of October Billings to National Breast Cancer Foundation
Read MoreBlog
Sixth Circuit Tackles “Metaphysical Quandary” Of Design Separability: Rules That Cheerleader Uniform Graphics Are Protected By Copyright
Read MorePress Releases
Brooks Kushman Named One of Metro Detroit’s 101 Best & Brightest Companies to Work For
Read MoreMedia Coverage
Brooks Kushman President Discusses Patent Litigation in Crain’s Detroit Business
Read MorePress Releases
Brooks Kushman Recognized as a 2014 Top Workplaces National Standard Employer
Read MoreClient Alerts
Courts Applying Gunn v. Minton Must Distinguish – Forward-Looking – From – Backward-Looking – Patent Issues
Read MorePress Releases
Brooks Kushman Recognized by U.S. News & World Report as a 2014 “Best Law Firm”; Five Shareholders Named as “Best Lawyers”
Read MoreBlog
Federal Circuit Signals Trend To Reassert Jurisdiction Over Patent-Related State Law Actions
Read MorePress Releases
Brooks Kushman Recognized as Leader in Patent Prosecution and IP Litigation in BTI`s IP Outlook Report
Read MoreBrooks Kushman, four attorneys named ‘IP Stars’ by Managing IP
Read MorePress Releases
Brooks Kushman Continues to Expand IP Depth with the Addition of Two Attorneys
Read MorePress Releases
Brooks Kushman Expands Patent Prosecution Team with the Addition of Isaac Slutsky
Read MorePress Releases
Brooks Kushman Hires Four Associates as Patent Prosecution and Litigation Practices Grow
Read MorePress Releases
Brooks Kushman Announced as Gleaners July Volunteer Super Group of the Month
Read MoreMedia Coverage
Four Brooks Kushman Lawyers Named to 2013 Super Lawyers List; Ten Attorneys Honored as Rising Stars
Read MorePress Releases
Four Brooks Kushman Shareholders Named 2013 Managing Intellectual Property IP Stars
Read MorePress Releases
Brooks Kushman’s Cantor and Angileri Recognized as 2014 “Best Lawyers in America”
Read MorePress Releases
Brooks Kushman’s Cantor and Angileri Recognized as 2014 “Best Lawyers in America”
Read MorePress Releases
Brooks Kushman Publishes Sixth Edition of Intellectual Property Primer Covering the Latest Changes in the IP Landscape
Read MorePress Releases
Brooks Kushman Expands Open Sourcing Compliance Offering with Formalized Team, Outreach Efforts
Read MorePress Releases
Brooks Kushman Recognized as a Top National IP Law Firm in the 19th edition of Best Lawyers in America; Shareholders Mark Cantor and Frank Angileri Ranked as Best Lawyers
Read MoreMedia Coverage
Brooks Kushman Ranked Among Law360’s Largest Intellectual Property Practices
Read MoreMedia Coverage
Cantor Offers Insight on the Recent Supreme Court Decision of Microsoft v i4i and the Impact to IP Litigation
Read MoreMedia Coverage
Michigan Lawyers Weekly Highlights Mark Cantor’s Legal Career in Patent Law
Read MoreBrooks Kushman’s Kramer Honored as a 2010 “Leader in the Law” by Michigan Lawyers Weekly
Read MoreMedia Coverage
Brooks Kushman’s Kramer Honored as a 2010 Leader in the Law by Michigan Lawyers Weekly
Read MoreMedia Coverage
Protecting Innovation in America: Brooks Kushman Ranked as a Top IP Firm by Fortune 100 Companies
Read MoreThree Brooks Kushman Lawyers Honored as ‘Top Lawyers in Metro Detroit’
Read MoreMedia Coverage
Six Brooks Kushman Lawyers Named to 2009 Super Lawyers List; Two Up-and-Coming Lawyers Named Rising Stars
Read MorePress Releases
Brooks Kushman Lawyers Cantor and Angileri Recognized Among 2009 Best Lawyers in America
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Brooks Kushman’s Mark Cantor Honored as a “Power Lawyer” by Crain’s Detroit Business
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Brooks Kushman’s Mark Cantor Honored as a Power Lawyer by Crain’s Detroit Business
Read MorePress Releases
Six Brooks Kushman Lawyers Named to 2008 Super Lawyers List; Five Up-and-Coming Attorneys Named Rising Stars
Read MorePublications
What a Patentee Must Do to Prove Infringement and Damages of a Method Claim for Computer Software
Read More109 results
Press Releases
Eight Brooks Kushman Attorneys Ranked As 2025 Best Lawyers; Frank Angileri Recognized As 2025 Lawyer of the Year
Press Releases
Nine Brooks Kushman Lawyers Named to 2024 Super Lawyers; Three Attorneys Honored As Rising Stars
Press Releases
Brooks Kushman Recognized In The Top Tier Of IP Firms In The Country By Managing IP; Eight Shareholders Named “IP Stars”
Press Releases
Six Brooks Kushman Lawyers Named To 2023 Super Lawyers; One Attorney Honored As Rising Star
Press Releases
Five Brooks Kushman Attorneys Ranked As 2024 Best Lawyers; Frank Angileri Recognized As 2024 Lawyer of the Year
Press Releases
Brooks Kushman Recognized In The Top Tier Of IP Firms In The Country By Managing IP; Seven Shareholders Named “IP Stars”
Press Releases
Nine Brooks Kushman Attorneys Recognized In Best Lawyers
Press Releases
Brooks Kushman Shareholder Recognized as one of the 500 Most Powerful Business Leaders in Detroit
Press Releases
Brooks Kushman Named One of Metro Detroit’s 101 Best & Brightest Companies to Work For
Press Releases
Eight Brooks Kushman Shareholders Named To 2021 Top Lawyers List
Press Releases
A Heartfelt Tribute to Brooks Kushman Attorney George Mosher, Jr.
Press Releases
Ten Brooks Kushman Shareholders Named To 2020 Top Lawyers List
Press Releases
Brooks Kushman Shareholder Recognized as one of the 500 Most Powerful Business Leaders in Detroit
Press Releases
Six Brooks Kushman Lawyers Named To 2019 Super Lawyers List; Seven Attorneys Honored as Rising Stars
Press Releases
Nine Brooks Kushman Attorneys Ranked As 2020 Best Lawyer; Two Attorneys Recognized As 2020 Lawyer Of The Year
Press Releases
Brooks Kushman Appoints Ben Harel As Chief Information Officer
Press Releases
Brooks Kushman Recognized as 2018 Top Workplace By Detroit Free Press
Press Releases
Twelve Brooks Kushman Lawyers Named To 2018 Super Lawyers List; Eight Attorneys Honored as Rising Stars
Press Releases
Brooks Kushman Welcomes Detroit Cristo Rey Students
Press Releases
Brooks Kushman President Recognized as One of the 500 Most Powerful Business Leaders in Detroit
Press Releases
Nine Brooks Kushman Attorneys Ranked As Best Lawyer; Two Attorneys Recognized as Lawyer of the Year
Press Releases
Brooks Kushman Recognized as Gold-Standard Firm By IAM Annual Patent 1000; Six Attorneys Recognized as Top Practioners
Presentations
Brooks Kushman President to Speak at the Managing Intellectual Property Trademark Roadshow in Los Angeles
Press Releases
Brooks Kushman Recognized as 2017 Top Workplace by the Detroit Free Press
Press Releases
Brooks Kushman Ranked In The 2018 Best Law Firms List; Nine Attorneys Ranked As Best Lawyer
Press Releases
Twelve Brooks Kushman Lawyers Named To 2017 Super Lawyers List; Ten Attorneys Honored As Rising Stars
Press Releases
Nine Brooks Kushman Attorneys Ranked as 2018 Best Lawyers
Press Releases
Brooks Kushman Named One of Metro Detroit’s 101 Best & Brightest Companies to Work For
Press Releases
2017 Corporate Partner of the Year by Judson Center
Client Alerts
Supreme Court Strikes Down Lanham Act’s Prohibition of Registration of Disparaging Trademarks
Press Releases
Gold in IAM Annual Patent 1000
Press Releases
2017 Chambers USA Top Intellectual Property Firms
Press Releases
Six Shareholders Named “IP Stars” By Managing IP
Press Releases
Ranked As One Of The “Top 20 Firms” By Juristat
Press Releases
5-hour ENERGY® Named “Top Verdicts of 2016”
Client Alerts
Supreme Court Expands Copyright Protection
Press Releases
Brooks Kushman Appoints Principal Lissi Mojica as 2017 Leadership Council On Legal Diversity Fellow; Associate LeKeisha Suggs Appointed as a Participant in the Pathfinder Program
Press Releases
Brooks Kushman President Honored As A 2017 Leader in the Law
Press Releases
Brooks Kushman Earns Gold Honors In World Trademark Review 1000 Listing
Press Releases
Five Brooks Kushman Lawyers Named To 2017 Top Lawyers List
Press Releases
Brooks Kushman Ranked in the 2017 Best Law Firms List; Eight Attorneys Ranked as Best Lawyers
Press Releases
Brooks Kushman Further Expands Los Angeles Office; Hires David A. Randall as Shareholder
Press Releases
Brooks Kushman Hires Prominent IP Professional; Opens Washington D.C. Office
Press Releases
Eight Brooks Kushman Lawyers Named To 2016 Super Lawyers List; Eight Attorneys Honored As Rising Stars
Press Releases
Michigan’s Best and Brightest in Wellness
Press Releases
Brooks Kushman Congratulates 7 Attorneys Named as 2017 Best Lawyers In America
Press Releases
Brooks Kushman Recognized as Gold-Standard Firm in Patent 1000 Listing for Third Consecutive Year
Press Releases
Brooks Kushman Attorneys Named “IP Stars” by Managing IP
Press Releases
Brooks Kushman Named Among the Top 100 Patent Firms in the United States
Press Releases
Brooks Kushman Recognized as a 2015 Top Workplace
Press Releases
Eleven Brooks Kushman Attorneys Named Top Lawyers
Press Releases
Brooks Kushman Dedicates Portion of October Billings to National Breast Cancer Foundation
Press Releases
Fifteen Brooks Kushman Attorneys Named 2015 Super Lawyers and Rising Stars
Blog
Sixth Circuit Tackles “Metaphysical Quandary” Of Design Separability: Rules That Cheerleader Uniform Graphics Are Protected By Copyright
Press Releases
Brooks Kushman Named One of Metro Detroit’s 101 Best & Brightest Companies to Work For
Press Releases
Five Brooks Kushman Attorneys Recognized as 2016 Best Lawyers in America
Media Coverage
Brooks Kushman President Discusses Patent Litigation in Crain’s Detroit Business
Media Coverage
Shake Shack Seeks Patent on use of Metro Detroit Chicken Shacks Name
Press Releases
Brooks Kushman Attorneys Named “IP Stars” by Managing IP
Publications
Brooks Kushman President Featured in X-ology Magazine
Media Coverage
Brooks Kushman President Featured in Crain’s Detroit Business
Press Releases
Brooks Kushman Recognized as a 2014 Top Workplaces National Standard Employer
Client Alerts
Courts Applying Gunn v. Minton Must Distinguish – Forward-Looking – From – Backward-Looking – Patent Issues
Press Releases
Brooks Kushman Recognized by U.S. News & World Report as a 2014 “Best Law Firm”; Five Shareholders Named as “Best Lawyers”
Blog
Federal Circuit Signals Trend To Reassert Jurisdiction Over Patent-Related State Law Actions
Press Releases
Sixteen Brooks Kushman Attorneys Named 2014 Super Lawyers and Rising Stars
Media Coverage
Five Brooks Kushman Attorneys Recognized as 2015 Best Lawyers in America ®
Press Releases
Brooks Kushman Recognized as Leader in Patent Prosecution and IP Litigation in BTI`s IP Outlook Report
Media Coverage
Brooks Kushman Earns Gold Honors in Patent 1000 Listing
Brooks Kushman, four attorneys named ‘IP Stars’ by Managing IP
Media Coverage
Brooks Kushman, four attorneys named IP Stars’ by Managing IP
Press Releases
Brooks Kushman Continues to Expand IP Depth with the Addition of Two Attorneys
Press Releases
Brooks Kushman Expands Patent Prosecution Team with the Addition of Isaac Slutsky
Press Releases
Brooks Kushman Hires Four Associates as Patent Prosecution and Litigation Practices Grow
Press Releases
Brooks Kushman Announced as Gleaners July Volunteer Super Group of the Month
Press Releases
Brooks Kushman Named 2013 Michigan Top Workplaces National Standard Winner
Press Releases
Four Brooks Kushman Attorneys Recognized as 2014 Top Lawyers
Media Coverage
Four Brooks Kushman Lawyers Named to 2013 Super Lawyers List; Ten Attorneys Honored as Rising Stars
Press Releases
Four Brooks Kushman Shareholders Named 2013 Managing Intellectual Property IP Stars
Press Releases
Brooks Kushman Supports Challenge Detroit Effort
Press Releases
Brooks Kushman’s Cantor and Angileri Recognized as 2014 “Best Lawyers in America”
Press Releases
Brooks Kushman’s Cantor and Angileri Recognized as 2014 “Best Lawyers in America”
Press Releases
Brooks Kushman Publishes Sixth Edition of Intellectual Property Primer Covering the Latest Changes in the IP Landscape
Press Releases
Brooks Kushman Expands Open Sourcing Compliance Offering with Formalized Team, Outreach Efforts
Media Coverage
Legal News Articles Discuss Brooks Kushman’s 30 Years of Success
Media Coverage
Brooks Kushman Recognized as Largest IP Law Firm in Michigan
Press Releases
Brooks Kushman Recognized as a Top National IP Law Firm in the 19th edition of Best Lawyers in America; Shareholders Mark Cantor and Frank Angileri Ranked as Best Lawyers
Media Coverage
Brooks Kushman Ranked Among Law360’s Largest Intellectual Property Practices
Media Coverage
Cantor Offers Insight on the Recent Supreme Court Decision of Microsoft v i4i and the Impact to IP Litigation
Media Coverage
Brooks Kushman President Weighs in on a Detroit-based Satellite USPTO
Media Coverage
Brooks Kushman President Offers Insight on the Growth of IP Law
Media Coverage
Michigan Lawyers Weekly Highlights Mark Cantor’s Legal Career in Patent Law
Press Releases
Brooks Kushman’s Cantor and Angileri Named Best Lawyers in America
Press Releases
Brooks Kushman Promotes IP Veteran Sparschu to Head of Trademark Group
Brooks Kushman’s Kramer Honored as a 2010 “Leader in the Law” by Michigan Lawyers Weekly
Media Coverage
Brooks Kushman’s Kramer Honored as a 2010 Leader in the Law by Michigan Lawyers Weekly
Media Coverage
Protecting Innovation in America: Brooks Kushman Ranked as a Top IP Firm by Fortune 100 Companies
Three Brooks Kushman Lawyers Honored as ‘Top Lawyers in Metro Detroit’
Media Coverage
Three Brooks Kushman Lawyers Honored as Top Lawyers in Metro Detroit’
Media Coverage
Six Brooks Kushman Lawyers Named to 2009 Super Lawyers List; Two Up-and-Coming Lawyers Named Rising Stars
Press Releases
Brooks Kushman Lawyers Cantor and Angileri Recognized Among 2009 Best Lawyers in America
Press Releases
Brooks Kushman’s Mark Cantor Honored as a “Power Lawyer” by Crain’s Detroit Business
Press Releases
Brooks Kushman’s Mark Cantor Honored as a Power Lawyer by Crain’s Detroit Business
Press Releases
Six Brooks Kushman Lawyers Named to 2008 Super Lawyers List; Five Up-and-Coming Attorneys Named Rising Stars
Press Releases
NorthPole Companies Secure Summary Judgment Against Bravo Sports, Inc.
Press Releases
Brooks Kushman P.C. Law Firm Appoints New Leadership
Presentations
Trade Secret Litigation
Presentations
Trademark and Trade Dress Fundamentals
Publications
What a Patentee Must Do to Prove Infringement and Damages of a Method Claim for Computer Software
Practice Areas
Industries
“I have been very successful in resolving most IP disputes without the need for extensive litigation. At the end of the day, legitimate business considerations are what is of paramount importance. I also create tailored and strategic plans for my clients to help them reach their IP goals and business interests.”
Mark is one of the founders of the firm and has been with the firm as a Shareholder since 1983. He has over 35 years of IP litigation experience. He has extensive experience in dealing with complex litigation matters in all technology areas and has tried cases relating to patents, trademarks, trade secrets and copyrights in state and federal courts and administrative tribunals throughout the country and in a number of international forums.
Mark takes a special interest in his client’s IP goals by understanding how their strategies align with their business interests. He creates tailored strategies by understanding the commercial realities and working on a plan of action that is cost-effective but still provides an enforceable competitive edge for the client.
Mark is specifically recognized for his trademark litigation practice. Due to his success in this field, several of Brooks Kushman’s largest clients look to Mark for trademark enforcement matters. He has also been recognized by many of the industry’s leading publications for his in-court victories, including obtaining the largest trademark jury verdict in Michigan history.
Mark has handled inter partes administrative proceedings before the U.S. Patent and Trademark Office and the International Trade Commission. Mark has been extremely active in a number of cases involving insurance coverage in intellectual property cases, to try and reduce the cost of litigation to the client.
In addition to specializing in IP litigation, Mark also has a particular skill for negotiating business focused resolutions. Mark has a knack for developing creative solutions to resolve seemingly intractable disputes by fashioning a settlement based on business realities.
Additionally, Mark has an active practice advising clients on the acquisition, management and licensing of intellectual property. He has worked with many clients to develop a management strategy to enable clients to accurately and efficiently manage and monetize their intellectual property portfolios.
Mark served as President of the firm from 2007-2018. He has also served as General Counsel of the firm for over two decades and continues in that role today.
J.D., University of Detroit Mercy, cum laude
M.S., Civil Engineering, University of Michigan
B.S., Civil Engineering, University of Michigan
State Bar of Michigan
American Bar Association
Federal Bar Association Eastern District of Michigan Chapter
Michigan Intellectual Property Law Association
Intellectual Property Owner Association
“Leading Lawyer,” Leading Lawyer Magazine, 2014-2019
Lawyer of the Year, Patent Law, Best Lawyers, 2019
“World Trademark Review 1000 Recommended Individual,” Intellectual Asset Management, 2015-2019
“IAM Patent 1000 Recommended individual,” Intellectual Asset Management, 2014 – 2018
Best Lawyers in America, 2009-2025
“IP Star”, Managing Intellectual Property, 2013-2024
“500 Most Powerful Business Leaders in Metro Detroit”, DBusiness, 2018-2021
“Leader in the Law”, Michigan Lawyers Weekly 2017
Michigan Super Lawyers, Intellectual Property, 2007-2024
“Top Lawyer,” DBusiness Magazine, 2009-2021
“10 Power Lawyers in Michigan,” Crain’s Detroit Business, 2009
Speaker, “When Does It Make Sense to Litigate?,” Managing Intellectual Property Global Trademark Roadshow 2018, March 2018
Speaker, “Intellectual property Panel,” Accelerate Michigan Innovation Competition, November 2013
Speaker, Trade Secret Litigation,” Intellectual Property Spring Seminar, 2006
Speaker, “Trademark and Trade Dress Fundamentals,” on behalf of Michigan Intellectual Property Law Association to member of the US District Court for the Eastern District of Michigan, 2006
Author, “What’s Next for Software Patents,” Xology Magazine, January 2015
Author, “What a Patentee Must do to Prove Infringement and Damages of a Method Claim for Computer Software,” Michigan Computer Lawyer, 2001
Kitch LLC v. Deejayzoo, LLC (Jury Trial – C.D. California): A federal jury in Los Angeles cleared beauty brand, Kitsch, represented by Brooks Kushman, from accusations that shower caps it makes infringe a New York designer’s patented design and related trademarks. After about an hour, eight jurors indicated they were siding with Kitsch, which had sued in 2019 seeking a ruling that its products did not infringe a pair of patents and trademark-protected marketing language, owned by a company called Deejayzoo. Only one of the two patents that Deejayzoo put forward made it to trial. Brooks Kushman attorneys also proved that Deejayzoo didn’t have the right to the
Terex South Dakota, Inc. et al v. Sinoboom North America, LLC – (Preliminary Injunction and Consent Permanent Injunction – S.D. Texas) – Represented Terex Corporation in a trademark infringement matter regarding the sale of BLUE mobile elevating work platforms (“MEWPs”). After learning of a Chinese manufacturer attempting to enter the U.S. market, Marc filed a lawsuit and preliminary injunction motion to stop defendant’s sale of Blue MEWPs. The Court granted a preliminary injunction in favor of plaintiff’s motion and halted the sale and use of Sinoboom’s BLUE MEWPs. The case shortly settled in favor of our client, Terex Corporation. This decision is the only preliminary injunction decision involving a product
Mag Automotive LLC V. Gadra Enterprises, Inc. (Summary Judgment – E.D. Michigan): Represented defendant Gadra in a trademark infringement matter relating to a numbering system on automotive equipment parts. Convinced the court that plaintiff did not have any enforceable trademark rights as the asserted trademarks were functional and had no secondary meaning, and the Court granted Summary Judgment for Gadra. Also convinced the Court to deny Plaintiff Mag Automotive’ s motion for Summary Judgment on Gadra’s counterclaims alleging false advertising, business and product disparagement, and tortious interference with business relationships and allow those claims to go to trial. The matter settled before trial. Case No. 2:16-cv-12049
Innovation Ventures, LLC d/b/a Living Essentials, v. N.V.E., Inc. (Jury Trial – E.D. Michigan): Represented Plaintiff Living Essentials in trademark infringement action involving plaintiff’s 5-Hour ENERGY trademark. The jury found that Defendant N.V.E.’s sale of a competing product named “6 Hour Power” infringed Plaintiff’s trademark and awarded $10.6 million in damages. The jury also awarded an additional $11.5 million in disgorgement of N.V.E.’s profits and fully rejected N.V.E.’s $60 million false advertising claim. Case No: 4:08-cv-11867
Ancora Techs. v. Apple, Inc. 744 F.3d 732 (Fed. Cir. 2014)
Living Essentials v. NVE, 694 F.3d 723 (6th Cir. 2012)
Hochstein v. Microsoft Corp., 430 Fed. Appx. 898 (Fed. Cir, 2011)
Sunbeam Products, Inc, v. HoMedics, Inc. 412 Fed. Appx. 263 (Fed. Cir. 2010)
OnStar, LLC v. Micral, Inc., 2010 WL 3420340 (N.D.Ohio 2010)
P&M Services v. Gubb, 372 Fed, Appx. 613 (6th Cir. 2010)
Armament Systems & Procedures, Inc. v, IQ H.K., Ltd. 328 Fed. Appx. 625 (Fed. Cir. 2008)
Gubb v. P&M Services, 267 Fed. Appx. 956 (Fed. Cir. 2008)
General Motors Corp. v. Lanard Toys, Inc., 468 F.3d 405 (6th Cir. 2006)
General Motors Corp. v. The Wildside, 133 Fed. Appx. 106 (6th Cir. 2004)
Cincinnati Ins. Co. v. Zen Design Group, Ltd., 329 F.3d 546 (6th Cir. 2003)
Therma-Scan, Inc. v. Thermoscan, Inc., 295 F.3d 623 (6th Cir. 2002)
Therma-Scan, Inc. v. Thermoscan, Inc., 217 F.3d 414 (6th Cir. 2000)
STX, LLC v. Brine, Inc., 211 F.3d 588 (Fed. Cir. 2000)
K`Arsan Corp. v. Christian Dior Perfumes, Inc., 1998 U.S. App. Lexis 27658 (6th Cir. 1998)
Advance Watch Co. v. Kemper Nat`l Ins. Co., 99 F.3d 795 (6th Cir. 1996)
J. Thomas Distributors v. Greenline Distributors,41 U.S.P.Q.2d 1382 (6th Cir, 1996)
Parameter Driven Software v. Mass Bay Ins. Co., 25 F.3d 332 (6th Cir. 1994)
Janda v. Riley-Meggs Industries, Inc. 764 F. Supp. 1223 (E.D. Mich. 1991)
Lear Siegler, Inc. v. Sealy Mattress Co., 873 F.2d 1422 (Fed. Cir. 1989)
Glasstech, Inc. v. Ab Kyro Oy, 769 F.2d 1574 (Fed. Cir. 1985)
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