Casey Scott McKay
Attorney · Technology and IP Law · MC Law, PLLC
Software engineer turned IP attorney, Casey advises technology and science companies — and the investors behind them — from first patent to successful exit. He previously built cybersecurity systems at Fannie Mae and consulted on data science and machine learning at Thunken, Inc. He is the attorney of record for the trademark matters Marksy refers to MC Law, PLLC, and writes the knowledge base's guides, checklists and toolkits.
- Admitted: Tennessee (#034028)
- Practice: Patent, trademark and copyright; practice before the USPTO
- Affiliation: MC Law, PLLC — how the referral works
- Full profile
Marksy is a software company. Marksy is not a law firm and is not a substitute for an attorney or law firm. Marksy operates a trademark search platform and the intake, document and payment software behind the services sold here; it does not provide legal services or legal advice, does not practice law, and no attorney–client relationship is formed with Marksy. Where a service involves the practice of law, it is provided by MC Law, PLLC (mclaw.io), an independent law firm that is solely responsible for the legal services it renders.
Documents by Casey Scott McKay (926)
- Campaign and Advocacy Content Checklist: Music and Footage Clearance, Likeness and Endorsement Records, Parody and Fair Use Assessment, Platform and Disclaimer Compliance, and Takedown Response · Checklist — A ten-phase working checklist for campaigns, committees, advocacy organisations, and the vendors who produce their content. Phase one sets the four standing…
- Funded Before It Exists: Crowdfunding, Pre-Launch Disclosure, and the Rights You Give Away by Announcing · Article — A crowdfunding campaign is a public disclosure of an unreleased product, made deliberately, to the widest possible audience, before anything has been filed.…
- Failure to Function: Ornamental Use, Informational Matter, and the Marks That Are Not Marks · Article — The most common reason a trademark application dies is not that someone else got there first. It is that the thing on the application is not functioning as a…
- TTAB Practice Toolkit: Oppositions, Cancellations, and Ex Parte Appeals · Toolkit — The Trademark Trial and Appeal Board decides one question — may this mark be registered — and it decides it in three kinds of case: oppositions to published…
- The Number on the Statement: Royalty Reporting, Under-Payment, and the Audit Nobody Exercises · Article — Almost every licence contains an audit right and almost nobody exercises it, which is why under-reporting is the norm rather than the exception. This article…
- Stopping Counterfeits at the Border: A Practitioner's Guide to CBP Recordation, Seizures, and Enforcement Programs · Guide — This guide is the operational companion to the counterfeiting article: it assumes you know what a counterfeit mark is and spends its length on how to actually…
- Regulated Healthcare Brand Name Checklist: Screening, FDA Submission, and Trademark Filing · Checklist — Sixteen phases for naming a regulated healthcare product, sequenced so candidates are eliminated before anyone becomes attached to them. Phase zero asks…
- Public Domain Clearance Checklist: Publication Date, Formalities, Renewal, Restoration, Derivative Layers, and Documentation · Checklist — This checklist clears a work for use and produces a memorandum rather than an answer, in the order the research has to happen. It starts by identifying the…
- Building a Product on Public Data: A Practitioner's Guide to Sourcing, Licence Terms, Derived Rights, and Attribution · Guide — This guide is for counsel advising a business that builds a product from public data, and it starts from an observation about how such businesses actually…
- Patent Post-Issuance Correction Toolkit: Reissue, Reexamination, Disclaimers, and Certificates · Toolkit — A patent that issues with a defect is not necessarily lost, and the mechanism for fixing it depends on what the defect is. This toolkit maps the post-issuance…
- Ex Parte Appeal Checklist: Notice, Briefs, Evidence, and Appeal Routes · Checklist — This checklist takes a refused trademark application from the day the final action issues to the day the appeal route closes, in eleven phases of tickable…
- What Your Adversary Gets to Read: Privilege, Work Product, and the Waivers That Happen in IP Matters · Article — IP matters generate more privilege problems than most litigation because the same people do legal and technical work, the same documents serve prosecution and…
- Two Brands, One Product: Co-Branding, Joint Ventures, and Shared Marks · Article — Two companies putting their marks on the same product create a relationship the trademark system was not designed for, and most co-branding agreements are…
- Building a Trade Compliance Programme: A Practitioner's Guide to Classification, Origin, Supply Chain Diligence, and Detention Response · Guide — A practitioner's guide to building a trade compliance programme from nothing, or repairing one that exists on paper only. It begins with governance — who…
- Esports and Streaming Checklist: Publisher Licence Terms, Event and Broadcast Rights, Player and Team Agreements, Sponsorship and Ambush Controls, and Platform Compliance · Checklist — This checklist audits an esports organiser, team, or streaming business. It begins with the publisher licence, because everything else sits on top of it and…
- Trademark Application and Prosecution Toolkit: From Filing Basis to Registration Certificate · Toolkit — This toolkit is a curated tour of everything Marksy publishes on United States trademark prosecution, from the decision about which filing basis to claim…
- Promotions and Advertising Compliance Toolkit: Sweepstakes, Claims, and Substantiation · Toolkit — Promotions and advertising sit at the intersection of criminal lottery statutes, federal consumer protection law, self-regulatory review, and competitor…
- Utility and Grid Technology Checklist: Metering and Usage Data Rights, Vendor and Firmware Terms, Interconnection and Standards Exposure, Critical Infrastructure Obligations, and Customer Data Handling · Checklist — A ten-phase working checklist for utility and grid technology matters, usable by a utility, a technology vendor, or a distributed energy business. Phases one…
- Two Copyrights, One Song: Music Licensing, Sampling, and the Clearance Maze · Article — Every recorded song carries two independent copyrights — one in the musical work under 17 U.S.C. § 102(a)(2) and one in the sound recording under § 102(a)(7) —…
- Negotiating and Protecting Data Rights in Federal Contracts: A Practitioner's Guide to Rights Categories, Assertions, Marking, and Bayh-Dole · Guide — This guide builds the practice that keeps a technology company's rights intact when it sells to the federal government. It starts with the funding analysis at…
- Choosing and Clearing an Entity Name, Trade Name, and DBA: A Practitioner's Guide · Guide — This guide fixes the ordering problem at the center of business naming: almost everyone forms the entity first and clears the trademark later, which is exactly…
- Everything the Application Knows: Recruitment Technology, Workforce Data, and the Rules That Reached HR · Article — Human resources spent thirty years building a data estate nobody classified as regulated, and then the rules arrived from four directions at once. This article…
- Copyright Duration and Public Domain Toolkit · Toolkit — Whether a work is in the public domain is arithmetic for works created after 1977 and archival research for everything earlier, and the difference between…
- Owning a Living Thing: Plant Patents, the Plant Variety Protection Act, and What Happens to the Second Generation · Article — An invention that reproduces itself breaks most of the assumptions patent law is built on, which is why plant innovation runs on three overlapping regimes…
- Protecting an Architectural Practice: A Practitioner's Guide to Ownership, Drawings, Construction Contracts, and Enforcement · Guide — This guide runs an architectural practice's intellectual property as an operating programme rather than a doctrinal survey. It starts with the two…
- Prior Art and Patentability Checklist: Searching, Grace Periods, and the Information Disclosure Statement · Checklist — Prior art analysis is two jobs that get confused: finding what is out there before you file, and disclosing what you know while the application is pending.…
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