Nicole Gage

Special Counsel

Overview

Nicole Gage is special counsel with Foley & Lardner LLP. She is a member of the firm's Trademark, Copyright & Advertising and IP Litigation Practices and the Technology Industry Team. Ms. Gage has litigation and counseling experience in all aspects of intellectual property. Her experience includes:

  • U.S. and foreign trademark prosecution;
  • Plaintiff and defendant side patent and trademark litigation for Fortune 100 companies as well as family-owned businesses in over a dozen federal district courts and the Court of Appeals for the Federal Circuit. Patented technologies include acoustics, medical devices, mechanical devices and processes, consumer products, and chemicals;
  • Trademark use, protection and enforcement advice, trademark licensing, and management of international trademark portfolios;
  • Prosecution and defense of actions before the U.S. Trademark Trial and Appeal Board;
  • Advising regarding use and misuse of trademarks and copyrighted materials on the Internet, including cybersquatting and Internet-related infringement; and
  • Intellectual property due diligence review.

Before joining Foley, Ms. Gage was a principal at Fish & Richardson P.C. Her practice focused on intellectual property litigation and counseling. Prior to her legal career, she worked as a process engineer with Mobil Oil Corporation on the improvement of refinery processes.

Education

Ms. Gage graduated from the University of Colorado at Boulder (B.S., chemical engineering, 1990). She received her J.D. from the University of Pennsylvania Law School (1996), where she was a recipient of the G. Newton Greene Memorial Prize.

Admissions and Professional Memberships

Ms. Gage is a member of the International Trademark Association and is a former member of the gTld subcommittee of the Internet Committee and has previously served on the ADR Committee. She is also a member of the Boston Patent Law Association.

Ms. Gage is admitted to practice in the Commonwealth of Massachusetts and before the United States District Court for the District of Massachusetts and the Court of Appeals for the Federal Circuit.

Selected Presentations

  • "Choosing, Using and Guarding Trademarks and Copyrighted Works in a Cost-Effective Manner," presented at Catapult Chicago (April 29, 2014)
  • "Basics of Intellectual Property," presented at Boston University (February 12, 2014)
  • "Intellectual Property: MCLE BasicsPlus!" presented at MCLE (October 30, 2013)
  • "Intellectual Property: Practical Steps to Protect Your Clients' Property," presented at MCLE  3:58:27 PMBasicsPlus! Conference (November 7, 2012)
  • Guest lecturer at Boston University Law School regarding patents, trademarks and copyrights (January 27, 2010)
  • "Intellectual Property Law Update: Copyright, Trademark, and Domain Names," presented to New England Corporate Counsel Association, Inc. (February 3, 2010)
  • "Maximize Your Branding Dollar to Get the Most From Your Trademarks," presented at the Foley Executive Briefing Series in Boston, MA (March 25, 2009)
  • "What's Your Next Move: IP in the New Business Reality," moderator (October 6, 2009)

Representative Matters

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Represented Halifax Media Holdings LLC in the acquisition of The New York Times Company's Regional Media Group. This was a challenging transaction in which the team faced a complex purchase of 16 different newspaper businesses in six states. The financing structure included five loans from four lenders and a sale-leaseback. With this transaction, Halifax doubled their media holdings.
Foley provided IP counseling for the creation of patent protection, trademark protection, and branding, as well as regulatory counseling for Tersus Pharmaceuticals' new product, Cardia-7, which is now sold commercially (e.g., through GNC).