Mr. McKay is an accomplished attorney with a unique background in software engineering and anthropology, making him exceptionally well-equipped to handle complex legal issues involving both humans and machines. With a keen focus on intellectual property and technology law, Mr. McKay provides invaluable counsel and support to a diverse range of clients across the globe, including technology and science companies of all sizes and their investors.

Throughout the business life cycle, from new company formation to equity financing, IP protection, fundraising, strategic transactions, and exits, Mr. McKay offers expert guidance to his clients. His extensive knowledge and experience in corporate law, startups, equity financing, copyright, trademark, patent litigation, trade secrets, technology, data and information security, internet, privacy, labor and employment, and commercial transactions enable him to provide comprehensive legal solutions tailored to each client's specific needs.

As a former software engineer, Mr. McKay possesses a deep understanding of the technical aspects of his clients' businesses, allowing him to effectively navigate the complex legal landscape surrounding intellectual property and technology. His anthropology background further enhances his ability to grasp the human elements involved in legal matters, ensuring that his clients receive well-rounded and practical advice.

Mr. McKay is licensed to practice law by the state of Tennessee (License No. 034028) in both state and federal courts. His dedication to delivering top-tier legal services, combined with his unique skill set and diverse experience, makes him an invaluable asset to any organization seeking expert counsel in intellectual property and technology law.

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AREAS OF PRACTICE

EXPERIENCE

Mr. McKay's experience includes the following:

  • Represented companies in complex IP disputes, including trademark, copyright, and patent litigation.
  • Represented companies in WIPO domain name disputes.
  • Defending ecommerce companies in copyright infringement litigation.
  • Maintaining hundreds of policies, procedures, and agreements for tech companies.
  • Judicial Intern for Chief Federal Judge Jon Phipps McCalla for the U.S. District Court—Western District of Tennessee.
  • Judicial intern for Federal Magistrate Judge Mike Parker for the U.S. District Court—Southern District of Mississippi.
  • Representing a designer lighting company in a case involving trademark infringement, unfair competition, false designation of origin, and dilution and tarnishment.
  • Successfully defending multiple WIPO domain name disputes for both Complainants and Respondents.
  • Securing settlements favorable to clients..
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Mr. McKay's recent litigation experience includes, among others, the following:

  • Vermeer Mfc. Co. v. AeroCine Ventures Inc., Case No: 3:24-cv-00699 (M.D. Tenn. 2024) (trademark infringement and unfair competition).
  • Trove Brands, LLC v. TRRS Magnate LLC dba BlenderBottle, Case No. 2:22-cv-02222-TLN-CKD (E.D. Cal. 2022) (patent and trade dress infringement).
  • Noble Factory LLC v. Yu Jiabin dba Sousee, Case No. 2:22-cv-2213-JPM-cgc (W.D. Tenn. 2023) (enforcing a U.S. copyright registration against an infringing entity located in China)
  • BEST INN MIDWEST, LLC, UNDERWRITERS AT LLOYD'S, LONDON , Case No. 1:22-cv-01586 (S.D. Ind. 2022).
  • Vermeer Mfc. Co. v. AeroCine Ventures Inc., TTAB Cancellation Proceeding No. 92080355 (TTAB 26 Sept. 2022) (trademark cancellation proceeding).
  • Lindsey Adelman Studio, LLC, a New York limited liability company, Lindsey Adelman, individually v. JAS Industries, LTD., Case No. 1:21-cv-09423-ALC (S.D.N.Y. 2022) (winning a motion to dismiss an improper complaint for trademark and copyright infringement)
  • Christian Heritage Broadcasting, Inc. AKA Praise Broadcasting AKA Praise FM, Civil Action No. 8:21-cv-03295 (M.D. 2022) (concerning dispute involving a U.S. Trademark Registration against an entity using an identical trademark protected under common law.)
  • S&j Wholesale, Llc, Koncept Innovators, Llc, Cast Masters, Llc, Sylvan, Llc, And Able Motion, Llc v. Ericopart, Podoy Direct, and PTone, Case No: 21-C-1206 (Cir. Ct. Hamilton, County Tenn. 2022) (successfully securing dismissal of Complaint after filing motion to dismiss the complaint for copyright and trademark infringement)

Mr. McKay has experience in a broad range of business litigation and arbitration, with a particular focus on disputes for technology and life sciences companies arising under licenses, joint development agreements, and supply, manufacturing and quality agreements. His recent experience includes representing:

  • Multiple blockchain companies in assessing whether a token will be considered a security or commodity.
  • Multiple software companies in enforcing and defending copyright claims

  • Vermeer Mfc. Co. v. AeroCine Ventures Inc., Case No: 3:24-cv-00699 (M.D. Tenn. 2024) (trademark infringement and unfair competition).
  • Trove Brands, LLC v. TRRS Magnate LLC dba BlenderBottle, Case No. 2:22-cv-02222-TLN-CKD (E.D. Cal. 2022) (patent and trade dress infringement).
  • Noble Factory LLC v. Yu Jiabin dba Sousee, Case No. 2:22-cv-2213-JPM-cgc (W.D. Tenn. 2023) (enforcing a U.S. copyright registration against an infringing entity located in China)
  • BEST INN MIDWEST, LLC, UNDERWRITERS AT LLOYD'S, LONDON , Case No. 1:22-cv-01586 (S.D. Ind. 2022).
  • Vermeer Mfc. Co. v. AeroCine Ventures Inc., TTAB Cancellation Proceeding No. 92080355 (TTAB 26 Sept. 2022) (trademark cancellation proceeding).
  • Lindsey Adelman Studio, LLC, a New York limited liability company, Lindsey Adelman, individually v. JAS Industries, LTD., Case No. 1:21-cv-09423-ALC (S.D.N.Y. 2022) (winning a motion to dismiss an improper complaint for trademark and copyright infringement)
  • Christian Heritage Broadcasting, Inc. AKA Praise Broadcasting AKA Praise FM, Civil Action No. 8:21-cv-03295 (M.D. 2022) (concerning dispute involving a U.S. Trademark Registration against an entity using an identical trademark protected under common law.)
  • S&j Wholesale, Llc, Koncept Innovators, Llc, Cast Masters, Llc, Sylvan, Llc, And Able Motion, Llc v. Ericopart, Podoy Direct, and PTone, Case No: 21-C-1206 (Cir. Ct. Hamilton, County Tenn. 2022) (successfully securing dismissal of Complaint after filing motion to dismiss the complaint for copyright and trademark infringement)

Mr. McKay has experience before the Trademark Trial and Appeal Board representing companies on both sides of trademark disputes, including in opposition proceedings and cancellation proceedings before the TTAB.

PROFESSIONAL ACTIVITIES

In his previous career, Mr. McKay worked for multiple technology companies as a backend software engineer.

PUBLICATIONS

  • Casey Scott McKay, Note, Constitutional Law—The Plea-Bargaining Process—Mr. Counsel, Please Bargain Effectively for Your Client’s Sixth Amendment Rights, Otherwise the Trial Court Will be Forced to Reoffer the Plea Deal and Then Exercise Discretion in Resentencing, 82 Miss. L.J. 731 (April 2013)
  • Casey Scott McKay, Tactics, Strategies & Battles—Oh My!: Perseverance of the Perpetual Problem Pertaining to Preaching to Public School Pupils & Why it Persists, 8 U. MASS. L. REV. 442 (2013)
  • Casey Scott McKay, Fishin’ with Fisher: Determining the Depth of Deference Does Not Demand Dealing Deference a Deathly Decker, 83 Miss. L.J. 949 (May 2014)
  • Casey Scott McKay and Luc Boruta, Legal Citation Analysis with CourtListener and Cobaltmetrics (2019)
  • Presenter—CLE, Trademark Law & Unfair Competition, eLearn Law (2015)

MC Law Insights

Design Patents vs. Trade Dress Protection for Product Configurations: A Comprehensive Analysis

2024-09-29

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The Complete Guide to Adding New Investors After Your Seed Round

2024-09-29

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Preparing Your Startup for Capital Raising: A Comprehensive Guide

2024-09-29

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The Evolution of Design Patent Functionality: Clarifying the Muddle

2024-09-29

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Patent Cases to Watch in the Second Half of 2024: Implications for IP Strategy

2024-10-11

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A Comprehensive Guide to Alternative Dispute Resolution

2024-09-29

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CREDENTIALS

EDUCATION

Juris Doctor

University of Mississippi School of Law

  • Magna Cum Laude
  • Mississippi Law Journal, Executive Board
B.S., Computer Science

University of Mississippi

  • 100+ hours complete (initially pursuing masters program, but started a job)
B.A., Anthropology

Mississippi State University

  • Magna Cum Laude

Judicial Internships

U.S. District Court—Western District of Tennessee
Judicial Intern for Chief Federal Judge Jon Phipps McCalla


U.S. District Court—Southern District of Mississippi
Judicial Intern for Federal Magistrate Judge Mike Parker

ADMISSIONS

Bar
Courts

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