Scot Duvall has practiced in the field of trademarks and intellectual property for more than 25 years. A significant amount of his work for clients, including Top Fortune 500 companies, involves brand development and clearance, and trademark registration in the U.S. Patent & Trademark Office (USPTO). His transactional experience includes intellectual property licensing, contracting, due diligence, and IP-related aspects of business transfer and franchise agreements.
Mr. Duvall also represents clients in pre-litigation disputes, as well as in litigation and appeals in the Trademark Trial & Appeal Board and the federal courts.
Mr. Duvall is active in efforts toward the ongoing development of trademark law. Active for many years in leadership of the International Trademark Association (INTA), he has participated in “friend of the court” briefs in significant cases in the Fourth and Ninth Circuit Courts of Appeal. He has served on INTA task forces and now serves as a board member of the INTA PAC. He was a principal drafter of the federal Trademark Dilution Revision Act (signed into law in 2006).
Mr. Duvall has served as an Adjunct Professor of Law at the University of Louisville Brandeis School of Law. He has lectured widely and has published numerous articles on trademark and copyright law, the Internet and first amendment issues.
Honors & Awards
- The Best Lawyers in America® in 2013 - 2017 in trademark law, including being selected as 2014 "Lawyer of the Year" for Trademark Law in the Louisville area
- Kentucky Super Lawyers® in intellectual property in 2007- 2017
- Chambers USA in 2010 – 2016 in intellectual property in Kentucky
- Louisville Magazine's Top Lawyers 2012 - 2014 in copyright/trademark law
In re Viterra Inc., 671 F.3d 1358, 101 U.S.P.Q.2D (BNA) 1905 (Fed. Cir. 2012), an oft-cited case from the U.S. Court of Appeals for the Federal Circuit, Mr. Duvall clarified the scope of registration for word and logo trademarks in the USPTO.
Community Trust Bancorp, Inc. v. Community Trust Fin. Corp., 692 F.3d 469 (6th Cir. 2012), litigation involving trademark use on the Internet,Mr. Duvall argued and won a unanimous decision in the U.S. Court of Appeals for the Sixth Circuit, reversing a lower court’s finding of personal jurisdiction.
Moseley v. V Secret Catalogue, Inc., served as co-counsel representing the Petitioner in the landmark U.S. Supreme Court trademark case in which the Court issued a unanimous 9-0 decision in the client’s favor.
- 22 Middleton Attorneys Recognized by Kentucky Super Lawyers® and Nine Recognized by Kentucky Rising Stars® for 2017November 18, 2016
- August 2016
- 12 Middleton Reutlinger Attorneys Recognized in 2016 Chambers USA® and IP Practice is the Only Band 1 Firm in KentuckyAugust 2, 2016
- 27 Middleton Attorneys Recognized by Kentucky Super Lawyers® and Nine Recognized by Kentucky Rising Stars® for 2016December 1, 2015
- May 20, 2015
Professional & Community Activities
- International Trademark Association (INTA)
- International Trademark Association (INTA), The Trademark Reporter Committee (2016-2017 term); Emerging Issues Committee (2012-2013 term; 2014-2015 term); U.S. Amicus Subcommittee (2008-2009 term; 2010-2011 term); Chair of Dilution and Well-Known Marks Committee (2006-2007 term); Vice-Chair of Dilution and Well-Known Marks Committee (2004-2005 term); Select Committee on the Federal Trademark Dilution Act and Chair, Drafting Team (2003-2006); U.S. Legislation Analysis Subcommittee, (2000-2004); and Dilution Project Team (2001-2004)
- International Trademark Association (INTA), Member, INTA PAC Board of Directors, (2006-present)
- Adjunct Professor of Law, Louis D. Brandeis School of Law, University of Louisville (2004-present)
- Davidson Fellow, Trademark Law (with Prof. Lars S. Smith), Louis D. Brandeis School of Law, University of Louisville (2001-2003)
- Alumni Guest Professor, Political Humor course and related simulation (Prof. James E. Lennertz), "The Supreme Court: Law, Justice and Humor," Lafayette College (Fall 2000)
- Chasing Moseley’s Ghost: Dilution Surveys Under the Trademark Dilution Revision Act (coauthor), The Trademark Reporter, Vol. 98, No. 6 (November-December 2008)
- The Trademark Dilution Revision Act of 2006: Balanced Protection for Famous Brands, The Trademark Reporter, Vol. 97, No. 6 (November-December 2007)
- The FTDA After Moseley v. V Secret (co-author), The Trademark Reporter, Vol. 93, No. 4 (July-August 2003)
- INTA treatise State Trademark and Unfair Competition Law, Kentucky chapter (updated yearly)
- International Trademark Association
- TAGLaw Midwest Regional Meeting
- Midwest Intellectual Property Summit (Indiana Continuing Legal Education Forum)
- Washington College of Law at American University
- University of Dayton School of Law (symposium on “Superstar Marks” with Professor Graeme Dinwoodie)
- University of Louisville Brandeis School of Law
- National Business Institute
- Kentucky Bar Association
- Louisville Bar Association
- Kentucky Library Association
- U.S. Supreme Court
- U.S. Court of Appeals, Fourth Circuit
- U.S. Court of Appeals, Sixth Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. Court of Appeals, Federal Circuit
- U.S. District Court, Western District of Kentucky
- U.S. District Court, Eastern District of Kentucky
- U.S. District Court, Southern District of Indiana
Washington and Lee University, J.D., cum laude, 1990
Lafayette College, A.B. Government & Law, 1987