Alex Montgomery regularly advises clients of all sizes and across all industries on the selection, protection, and enforcement of their copyrights and trademarks. Additionally, Alex has experience in a variety of technology transactions and licensing matters, especially in the software space.
He also enjoys regularly updating his trademark blog, TantalizingTrademarks.com, where he examines interesting trademark applications recently filed with the U.S. Patent and Trademark Office.
Alex’s extensive copyright and trademark experience includes:
- The successful prosecution of hundreds of trademark applications with the U. S. Patent and Trademark Office;
- Advising clients on the filing, maintenance, and renewal of foreign trademark applications and registrations, including utilization of the national, EUTM, and Madrid Protocol filing schemes;
- Advising clients on copyright and right of publicity issues surrounding the development of websites, marketing and promotional materials, photographs and videos, and various other copyrightable works;
- Successfully obtained, through settlement negotiations and after the filing of UDRP complaints, two infringing domain names for a large client, which prompt resolution resulted in a refund of 66% of the UDRP filing fees.
- Spearheaded campaigns to register and enforce clients’ copyrights and trademarks online and across various e-commerce platforms such as Amazon, eBay, Etsy, and Alibaba.
- Worked with a large, multi-disciplined, global client to review and develop software-related templates for the organization, such as software license agreements, software development agreements, cloud services agreements, and hosted services agreements.
- Advised a local clothing retailer on a strategy for the management and expansion of their trademark portfolio.
- Assisted a nutritional company with the worldwide enforcement of its valuable trademark rights, as well as the international expansion of the company’s trademark portfolio.
- Advised multiple local craft breweries on the selection and protection of trademarks for breweries and beers.
- Successfully overcame a likelihood of confusion refusal issued by the U.S. Patent and Trademark office on behalf of an international beer client by prevailing in a TTAB proceeding to cancel the cited mark.
- Assisted a consumer products company on the intellectual property aspects of its corporate reorganization, which involved the assignment of dozens of trademarks, patents, and copyrights, as well as developing a strategy for expansion into foreign countries and protecting the company’s trademarks overseas.
- Hinckley Allen
- Associate (2016-Present)
- Dressman Benzinger LaVelle, PCS
- Associate (2015-2016)
- Cornetet, Meyer, Rush & Stapleton Co., LPA
- Senior Associate (2012-2015)
Honors & Awards
- Super Lawyers, Massachusetts, Rising Stars (2018-2020)
Charitable & Civic Involvement
Cincinnati Intellectual Property Law Association (2012-2016)
- Director of Outreach Committee (2015-2016)
- Steering Committee for CincyBrand (2014, 2016)
- Delta Tau Delta Fraternity Scholarship Committee (2013-2015)
- Linkinnati, President (2013-2015)
- Boston Bar Association, Senior Associates' Practical Skills Committee (2018-Present)
- Cincinnati Bar Association
- International Cannabis Bar Association, INCBA
International Trademark Association, INTA (2016-Present)
- INTA Bulletins Committee (2020-2021)
- Ohio Bar Association
News & Insight
A Small Claims Court for Copyright Disputes? CASE Act Creates New Alternative Process for Smaller Copyright ClaimsMarch 18, 2021
A new law known as the Copyright Alternative in Small-Claims Enforcement (CASE) Act creates an entirely new tribunal within the U.S. Copyright Office for resolving smaller copyright disputes. Before the CASE Act, aggrieved copyright owners generally nee…
SBA Creates Exception to Owner-Employee Compensation Rule, Clarifies Eligibility of Certain Nonpayroll Costs for ForgivenessAugust 26, 2020
On August 24, the Small Business Administration (“SBA”) released a new Paycheck Protection Program (“PPP”) interim final rule to create a new exception to the owner-employee compensation rule and to clarify whether certain nonpayroll costs are elig…
On August 4, the Small Business Administration (“SBA”) released a new set of Paycheck Protection Program (“PPP”) FAQs focused exclusively on loan forgiveness. This new set of FAQs follows the updated PPP loan forgiveness applications and instructio…
With the deadline for businesses to apply for loans under the Small Business Administration’s Paycheck Protection Program (“PPP”) passing on June 30th, Congress voted on Wednesday, July 1st to extend the deadline for submitting PPP loan applications …
SBA Releases Updated PPP Loan Forgiveness Applications and Instructions, Amends Existing Rules Based on PPPFA – Key Takeaways for BorrowersJune 24, 2020
This article was updated on June 24, 2020 to reflect changes to the PPP made by the new Interim Final Rule issued by the SBA on June 22, 2020 (the "June 22 Interim Rule"). A borrower may submit a loan forgiveness application before the end of the borrower…
Update: On June 5, the President signed the PPPFA into law.Update: On June 3, the PPPFA was passed unanimously by the Senate without amendment. It now goes to President Trump, who has indicated support for the bill’s aims, for signature.On May 28, 2020, …
On May 22, seven days after releasing the Paycheck Protection Program (“PPP”) loan forgiveness application and instructions, the Small Business Administration (“SBA”) released an Interim Final Rule on Loan Forgiveness (the “Forgiveness Rule”) a…
This publication was featured in New England Real Estate Journal on June 16, 2020.On May 15, the Small Business Administration (“SBA”) released the much-awaited Paycheck Protection Program (“PPP”) loan forgiveness application and instructions (“S…
House Democrats Propose Significant Changes to Paycheck Protection Program in New $3 Trillion Stimulus BillMay 14, 2020
Update: On Friday, May 15, 2020, the House passed H.R. 6800 (the "HEROES Act" for short) by a vote of 208-199.In a new $3 trillion stimulus bill (H.R. 6800) introduced in the House of Representatives on May 12, House Democrats proposed various measures to …
Paycheck Protection Program: Deadline Extended to 5/14, Updated Guidance on Other Sources of LiquidityMay 6, 2020
Update: On May 5, 2020, the SBA issued Frequently Asked Question #43 which extended the repayment date for the safe harbor described below to May 14, 2020, and indicated that further SBA Guidance as to how it will review the “necessity of the loan” cer…
SBA Issues New FAQ Clarifying Effect of Employees Who Won’t Return to Work on Paycheck Protection Program Loan ForgivenessMay 5, 2020
One of the most attractive features of the Small Business Administration’s (“SBA”) Paycheck Protection Program (“PPP”) loans is a borrower’s eligibility for loan forgiveness if loan proceeds are spent appropriately. However, the amount of the l…
New Paycheck Protection Program Rules for Self-Employed Individuals; SBA Announces No More New PPP or EIDL Applications Due to Exhaustion of FundingApril 16, 2020
UPDATE – On April 16, 2020, the Small Business Administration (“SBA”) announced it is unable to accept new applications for the Paycheck Protection Program (“PPP”) and Economic Injury Disaster Loan (“EIDL”) COVID-19 program (including emergen…
SBA Issues Interim Final Rule for Paycheck Protection Program: Key Takeaways for Your Loan ApplicationApril 8, 2020
This article was originally published on April 3, 2020 and has been updated based on the April 8, 2020 updates to the SBA’s Paycheck Protection Program Loans Frequently Asked Questions (“FAQs”), found here.On April 2, 2020, the Small Business Adminis…
The SBA has issued guidance on the affiliation rules (the (“Guidance”) applicable to the implementation of the Paycheck Protection Program (“PPP”). For purposes of determining the number of employees of an applicant to the PPP (which requires an ap…
Payroll Loans and Loan Forgiveness: New Relief Opportunities for Small Businesses under the CARES Act’s Paycheck Protection ProgramMarch 27, 2020
This afternoon the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), a nearly $2 trillion stimulus package to help address the economic impact of the recent COVID-19 pandemic was signed into law. Included in the CARES Act is a Paycheck …
How Not to Advertise Your Recreational Marijuana Business in Massachusetts: Neon Signs and Other Prohibited PracticesAugust 21, 2019
Most businesses in Massachusetts are free to market their business using a variety of creative advertising methods. Neon signs? Usually no problem. Vinyl-wrapped vehicles? Great exposure. Hosting a giveaway or handing out coupons? A good way to get new cus…
Trademark clearance searching is valuable because it allows you to get ahead of obstacles and avoid potential legal issues before they arise and before your company invests time and resources in developing its trademark. Consider the set-back you would exp…
A valuable form of legal protection for many brand owners is a federal trademark registration with the U.S. Patent and Trademark Office (“USPTO”). A federal trademark registration provides its owner several legal benefits, such as nationwide rights and…
Question 1: Why seek a federal (U.S.) trademark registration?There are six important reasons to seek federal registration of your trademark or brand name. Plans to expand your business into other regions of the U.S. Concern about importation of counterfe…
Hinckley Allen is pleased to announce that Super Lawyers has selected 29 Hinckley Allen attorneys as Super Lawyers and Rising Stars. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to re…
Hinckley Allen is pleased to announce that Super Lawyers has selected 33 Hinckley Allen attorneys as Super Lawyers and Rising Stars. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to rece…
The Super Lawyers has selected 38 Hinckley Allen attorneys as Super Lawyers and Rising Stars. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.Super Lawyers, a Thomson…
Alexander Montgomery Joins Hinckley Allen’s Intellectual Property and Corporate & Business Practices as an AssociateSeptember 20, 2016
Hinckley Allen is pleased to welcome Alexander Montgomery to the firm’s Boston office as an associate in the Intellectual Property and Corporate & Business groups where he’ll focus on copyright and trademark prosecution and enforcement, as well as …
Hinckley Allen Facilitates Brinker Capital Merger in Significant Moment for Financial Services Industry
Hinckley Allen represented its long-time client, Brinker Capital, a registered investment adviser, and its affiliated broker-dealer, in their sale to new investment partnership controlled by funds affiliated with Genstar Capital Partners, a California-base…