Joshua M. Dalton is the leader of the firm’s global trademark and copyright litigation practice and head of the Boston intellectual property (IP) practice. As a pretrial, trial, and appellate lawyer in IP litigation, Josh takes a bold, creative approach to resolving even the most complex trademark, trade dress, false advertising, copyright, patent, and trade secret/non-competition disputes for clients across a wide variety of business sectors. Josh has appeared in courts throughout the United States as well as before the Trademark Office and Trademark Trial and Appeal Board and the International Trade Commission and has been recognized as a leading lawyer in IP litigation by Chambers, World Trademark Review, Best Lawyers, Super Lawyers, and others.
In both defense and enforcement cases, Josh approaches his clients’ IP disputes strategically and with a goal of resolving them expeditiously. His IP clients have included the Boston Red Sox, Boston Scientific, Wayfair, ConAgra Foods, General Motors, SimpliSafe, Lifetime Entertainment Services, BOX Options Exchange, PUMA North America, Nissan, Xenith Helmets, Le Vian Jewelry, and FLEXcon Company.
Josh’s engagements involve cases in a diverse range of technologies, including see-thru signage, home security systems, dialysis catheters and other medical devices, leakage current detector interrupters, acoustic insulation, explosion detection devices, removable on-demand tissue marking, handheld computers, head-mounted electronic devices, cutting tools, sports equipment, adhesive labels, large-scale voicemail systems, diesel exhaust systems, and computer software.
He enjoys practicing as well as speaking at various events, and regularly shares his insights on a variety of intellectual property and related topics, including trademark protection, consumer surveys, copyright infringement, false advertising, product design protection, domain name disputes, artificial intelligence, copyright recapture, patent false marking, and Do Not Call legislation. 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.
Before joining Morgan Lewis, Josh was a partner in the IP practice at another international law firm, where he was co-chair of the IP group and co-managing partner of the Boston office.
Trademark/Trade Dress/False Advertising
Intellectual Property Licensing Disputes and High-technology Litigation
Recommended, Intellectual property: Trademarks: non-contentious (including prosecution, portfolio management and licensing), The Legal 500 US (2021–2023)
Recommended, Intellectual property: Trade secrets (litigation and non-contentious matters), The Legal 500 US (2021–2023)
Recommended, Intellectual property: Copyright, The Legal 500 US (2022)
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, 2022, 2023)
Recognized, Litigation – Intellectual Property, Boston, The Best Lawyers in America (2014–2024)
Leading Trademark Practitioner, Enforcement & Litigation, Massachusetts, WTR 1000, World Trademark Review (2017–2023)
Rising Star, Massachusetts, Super Lawyers (2005–2007; 2010–2012)
President-Elect, Boston Intellectual Property Law Association (2022–2023)
Vice President, Boston Intellectual Property Law Association (2022)
Treasurer, Boston Intellectual Property Law Association (2021)
Secretary, Boston Intellectual Property Law Association (2020)
Member, Board of Governors for Boston Intellectual Property Law Association (2018, 2019)
Former co-chair, Trademark Law Committee, Boston Intellectual Property Law Association
Former co-chair, AIPLA Moot Court Committee, Boston Intellectual Property Law Association
Member, American Bar Association
Member, Massachusetts Bar Association
Member, Boston Bar Association
Member American Intellectual Property Law Association
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