Brian McGraw

Of Counsel

Phone: (502) 625-2713

Honors & Awards

Kentucky Super Lawyers – Intellectual Property, Commercial Litigation (2023)
Kentucky Rising Stars – Intellectual Property (2013–2017)

Community Engagement

Publications

Overview

Brian P. McGraw represents clients in intellectual property litigation, including trademark infringement and trade dress infringement, unfair competition, copyright infringement, patent infringement, trade secrets, and complex commercial disputes. He has nearly two decades of experience advocating for businesses and innovators facing high-stakes conflicts in federal courts across the country.

Brian has tried high stakes intellectual property suits, including the successful defense of a $90 million trademark and unfair competition claim in the District of Delaware and secured multi-million dollar jury verdicts in patent infringement cases, including a nearly $11 million judgment in the Northern District of Illinois and a $1.3 million judgment in the District of Delaware. His clients range from startups, privately held companies, Fortune 500 corporations, as well as professional athletes and musicians, spanning industries such as technology, software, consumer products, travel, sports, entertainment, healthcare, and advanced manufacturing.

Before joining Gray Ice Higdon in 2022, Brian was a Director at Middleton Reutlinger. Earlier in his career, he worked at Kirkland & Ellis LLP and Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP in Chicago, where he trained in intellectual property law with a primary focus on trademark and copyright infringement as well as the prosecution of trademarks and copyrights.

Practice Focus

Representative Matters

Defense verdict against $90M trademark/unfair competition claim in travel and cruising industry (District of Delaware).
Plaintiff’s verdict of ~$11M in patent infringement case for farming equipment (N.D. Illinois).
Plaintiff’s verdict of ~$1.3M in patent infringement case for watersports industry (D. Delaware).
Represented cigar manufacturer in connection with trade dress infringement claims brought by well-known bourbon distiller (W.D. Kentucky)
Represented NBA player in connection with contractual dispute with agent (NBA Arbitration, E.D. Texas)
Represented lighting manufacturer in connection with patent infringement claims brought against competitor (M.D. Tennessee)
Represented material handling equipment manufacturer in connection with trade dress infringement claims brought against foreign competitor (C.D. California)
Represented sporting goods and apparel manufacturer in connection with defending trademark infringement and breach of contract claims (W.D. Kentucky)
Represented healthcare system and hospital in connection with trademark infringement claims brought against competitor (S.D. Florida)
Represented petroleum company in connection with trademark infringement and dilution claims brought against former licensee (W.D. Missouri)
Represented power tool manufacturer in connection with trade dress and patent infringement claims brought against it by competitor (N.D. Illinois)
Represented jewelry and diamond company in connection with false advertising claims brought against competitor (N.D. Georgia)
Represented custom-knife maker in connection with trade dress and product configuration claims brought against movie studio and former licensee (W.D. Kentucky)
Represented author and tour company in connection with copyright infringement claims brought against national competitor (W.D. Kentucky)
Represented quilting and textiles designed in connection with copyright infringement claims brought against competitor (W.D. Kentucky)
Represented designer and manufacturer of car wash facilities in connection with architectural work copyright infringement claims brought against former licensee (W.D. Kentucky)
Represented school district to defend against copyright infringement claims brought against it based on school training curriculum (W.D. Kentucky)
Represented director of motion picture to defend against copyright infringement claims brought by producer based on movie scripts (E.D. Kentucky)
Represented construction company in connection with copyright infringement claims brought based on alleged infringement of architectural works (W.D. Kentucky)
Represented manufacturer of CBD-based cosmetic and skin-care products to defend against trade secret misappropriation claims brought by former business partner based on manufacturer formulas (S.D. Florida)
Represented industrial ventilation manufacturer in connection with trade secret misappropriation claims brought against competitor and former employees (W.D. Kentucky)
Represented restaurant franchisor in connection with trademark infringement and trade secret misappropriation claims brought against former franchisee (S.D. Indiana)

Recognition and Leadership

Career Path and Background

Admissions

Kentucky

Illinois

U.S. Court of Appeals, Fifth Circuit

U.S. Court of Appeals, Sixth Circuit

U.S. Court of Appeals, Federal Circuit

U.S. Court of Federal Claims

U.S. District Court, Western District of Kentucky

U.S. District Court, Eastern District of Kentucky

U.S. District Court, Southern District of Indiana

U.S. District Court, Northern District of Illinois

U.S. District Court, Western District of Michigan

Education

M. in Intellectual Property, University of Illinois Chicago School of Law (John Marshall) (2003)
D., University of Illinois Chicago School of Law (John Marshall) (2002)
Miami University, Political Science and Sociology (1999)

Overview

Brian P. McGraw represents clients in intellectual property litigation, including trademark infringement and trade dress infringement, unfair competition, copyright infringement, patent infringement, trade secrets, and complex commercial disputes. He has nearly two decades of experience advocating for businesses and innovators facing high-stakes conflicts in federal courts across the country.

Brian has tried high stakes intellectual property suits, including the successful defense of a $90 million trademark and unfair competition claim in the District of Delaware and secured multi-million dollar jury verdicts in patent infringement cases, including a nearly $11 million judgment in the Northern District of Illinois and a $1.3 million judgment in the District of Delaware. His clients range from startups, privately held companies, Fortune 500 corporations, as well as professional athletes and musicians, spanning industries such as technology, software, consumer products, travel, sports, entertainment, healthcare, and advanced manufacturing.

Before joining Gray Ice Higdon in 2022, Brian was a Director at Middleton Reutlinger. Earlier in his career, he worked at Kirkland & Ellis LLP and Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP in Chicago, where he trained in intellectual property law with a primary focus on trademark and copyright infringement as well as the prosecution of trademarks and copyrights.

Practice Focus

Representative Matters

Defense verdict against $90M trademark/unfair competition claim in travel and cruising industry (District of Delaware).
Plaintiff’s verdict of ~$11M in patent infringement case for farming equipment (N.D. Illinois).
Plaintiff’s verdict of ~$1.3M in patent infringement case for watersports industry (D. Delaware).
Represented cigar manufacturer in connection with trade dress infringement claims brought by well-known bourbon distiller (W.D. Kentucky)
Represented NBA player in connection with contractual dispute with agent (NBA Arbitration, E.D. Texas)
Represented lighting manufacturer in connection with patent infringement claims brought against competitor (M.D. Tennessee)
Represented material handling equipment manufacturer in connection with trade dress infringement claims brought against foreign competitor (C.D. California)
Represented sporting goods and apparel manufacturer in connection with defending trademark infringement and breach of contract claims (W.D. Kentucky)
Represented healthcare system and hospital in connection with trademark infringement claims brought against competitor (S.D. Florida)
Represented petroleum company in connection with trademark infringement and dilution claims brought against former licensee (W.D. Missouri)
Represented power tool manufacturer in connection with trade dress and patent infringement claims brought against it by competitor (N.D. Illinois)
Represented jewelry and diamond company in connection with false advertising claims brought against competitor (N.D. Georgia)
Represented custom-knife maker in connection with trade dress and product configuration claims brought against movie studio and former licensee (W.D. Kentucky)
Represented author and tour company in connection with copyright infringement claims brought against national competitor (W.D. Kentucky)
Represented quilting and textiles designed in connection with copyright infringement claims brought against competitor (W.D. Kentucky)
Represented designer and manufacturer of car wash facilities in connection with architectural work copyright infringement claims brought against former licensee (W.D. Kentucky)
Represented school district to defend against copyright infringement claims brought against it based on school training curriculum (W.D. Kentucky)
Represented director of motion picture to defend against copyright infringement claims brought by producer based on movie scripts (E.D. Kentucky)
Represented construction company in connection with copyright infringement claims brought based on alleged infringement of architectural works (W.D. Kentucky)
Represented manufacturer of CBD-based cosmetic and skin-care products to defend against trade secret misappropriation claims brought by former business partner based on manufacturer formulas (S.D. Florida)
Represented industrial ventilation manufacturer in connection with trade secret misappropriation claims brought against competitor and former employees (W.D. Kentucky)
Represented restaurant franchisor in connection with trademark infringement and trade secret misappropriation claims brought against former franchisee (S.D. Indiana)

Recognition and Leadership

Career Path and Background

Education

M. in Intellectual Property, University of Illinois Chicago School of Law (John Marshall) (2003)
D., University of Illinois Chicago School of Law (John Marshall) (2002)
Miami University, Political Science and Sociology (1999)

Admissions

Kentucky

Illinois

U.S. Court of Appeals, Fifth Circuit

U.S. Court of Appeals, Sixth Circuit

U.S. Court of Appeals, Federal Circuit

U.S. Court of Federal Claims

U.S. District Court, Western District of Kentucky

U.S. District Court, Eastern District of Kentucky

U.S. District Court, Southern District of Indiana

U.S. District Court, Northern District of Illinois

U.S. District Court, Western District of Michigan

Honors & Awards

Kentucky Super Lawyers – Intellectual Property, Commercial Litigation (2023)
Kentucky Rising Stars – Intellectual Property (2013–2017)

Publications


Community Engagement