Joshua M. Dalton is the co-leader of the firm’s trademark and copyright litigation practice and head of the Boston intellectual property (IP) practice. As a pre-trial, trial, and appellate lawyer in IP litigation, he represents a wide variety of clients in trademark, patent, copyright, trade dress, false advertising, and trade secret matters. Josh has appeared in courts throughout the United States as well as before the Trademark Office and Trademark Trial and Appeal Board.
In addition to serving as IP trial counsel, Josh provides strategic counseling to clients concerning intellectual property development, protection, and licensing. His engagements and cases have involved a diverse range of technologies, including see-thru signage, dialysis catheters and other medical devices, leakage current detector interrupters, acoustic insulation, explosion detection devices, removable on-demand tissue marking, hand-held computers, cutting tools, sports equipment, adhesive labels, large-scale voicemail systems, diesel exhaust systems, and computer software.
Josh’s IP clients have included the Boston Red Sox, Boston Scientific, ConAgra Foods, General Motors, Lifetime Entertainment Services, Wayfair.com, BOX Options Exchange, Nissan, Anheuser-Busch, Jenzabar, Inc., Xenith Helmets, FLEXcon Company, Le Vian Jewelry, and Gryphon Networks.
He speaks on a variety of intellectual property and related topics, including trademark protection, consumer surveys, copyright infringement, domain name disputes, copyright recapture, patent false marking, Do Not Call legislation, and other privacy issues. He is also a National Institute of Trial Advocacy-certified trial skills trainer and has served as faculty in a number of trial advocacy workshops. Josh is recognized as a leading lawyer in IP litigation by Best Lawyers.
Before joining Morgan Lewis, Josh was a partner in the intellectual property practice at another international law firm, where he was co-chair of the intellectual property group and co-managing partner of the Boston office.
Trademark/Trade Dress/False Advertising
Copyright
Patents
Trade Secrets/Non-disclosure/Non-compete
Intellectual Property Licensing Disputes and High-technology Litigation
Member, Practice Group of the Year, Intellectual Property, Law360 (2019)
Member, Litigation Department of the Year–Intellectual Property, The American Lawyer (2019)
Ranked, Intellectual Property, Massachusetts, Chambers USA (2018, 2019)
Recognized, Litigation – Intellectual Property, Boston, The Best Lawyers in America (2014–2020)
Leading Trademark Practitioner, Enforcement & Litigation, Massachusetts, WTR 1000, World Trademark Review (2017–2021)
Rising Star, Massachusetts, Super Lawyers (2005–2007; 2010–2012)
Secretary, Boston Patent Law Association (2020)
Member, Board of Governors for Boston Patent Law Association (2018, 2019)
Former co-chair, Trademark Law Committee, Boston Patent Law Association
Former co-chair, AIPLA Moot Court Committee, Boston Patent Law Association
Member, American Bar Association
Member, Massachusetts Bar Association
Member, Boston Bar Association
Member American Intellectual Property Law Association
Community Service
Member, National Honors Advisory Board, University of Utah
Advisor (former), Honors College Alumni Board, University of Utah
Board of Directors (former), The Volunteer Family
Board of Directors (former), East Coast Greenway Alliance
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