Donald J. Fitzpatrick

Of Counsel

Admissions

  • Missouri
  • Maryland
  • U.S. Patent & Trademark Office

Education

J.D., University of Baltimore School of Law, 1967

B.S., Michigan Tech, 1958

New York University

Profile

Don Fitzpatrick's practice includes representation of manufacturing and consumer products companies, international franchisers and independent inventors in all aspects of intellectual property law.

Don has represented clients before the U.S. Patent and Trademark Office and numerous foreign Patent and Trademark Offices. He also is experienced in licensing of intellectual property with regard to trade secret matters.

Before obtaining his law degree, Don worked for 10 years as a metallurgical engineer. 

Professional Affiliations

  • International Trademark Association
  • American Bar Association
  • American Society of Metals
  • American Patent Law Association
  • The Missouri Bar
  • Maryland State Bar Association
  • Bar Association of Metropolitan St. Louis

Experience

Representative Matters

  • Black and Decker Manufacturing Company v. Big Yank Corporation, Trademark Opposition No. 65,281 (1985), 231 USPQ 484. Opposition was filed against registration of client’s trademark.
  • Express Services, Inc. v. Career Express Staffing Services, 176 F.3d 183 (CA 3 1999). Appeal of District Court decision.
  • Express Services, Inc. v. Careers Express Staffing, 44 USPQ 2 1637. Suit for trademark infringement and unfair competition.
  • The United States Shoe Corporation v. Interco Incorporated, Trademark Opposition No. 70,831. Opposition filed against registration of client’s trademark.
  • Diansuply, et al. v. Palmer, et al., 4:91CV1448DDN. Suit for patent and trademark infringement, unfair competition and misappropriation of trade secrets.
  • Express Services, Inc. v. Nurse Providers, Inc., Trademark Cancellation No. 92020930, cancellation action filed against Nurse’s Express
  • Express Services, Inc. v. Payroll Express, Inc., Trademark Cancellation No. 92022420, cancellation action filed against Express’ Pay
  • Express Services, Inc. v. Peter N. Rubando, Trademark Opposition No. 91093916, opposition filed against registration of Rehab Express
  • Express Services, Inc. v. Cad Cam Incorporated, Trademark Cancellation No. 92023062, cancellation action filed against Personnel Express Network
  • Express Services, Inc. v. Hearth Express, Inc., Trademark Opposition No. 91098514, opposition filed against registration of Hearth Express
  • Express Services, Inc. v. The Eastridge Group, Inc., Trademark Cancellation No. 024606, cancellation action filed against Receptionist Express
  • Express Services, Inc. v. Drake Beam Morris, Inc., Trademark Opposition No. 91162233, opposition filed against registration of DBM Express
  • Express Services, Inc. v. Labor Systems, Inc., Trademark Cancellation No. 92025283, cancellation action filed against Labor Express
  • Omni Express Temp and Labor Systems, Inc. v. Express Services, Inc., Trademark Cancellation No. 92025203, cancellation action filed against Express and other trademarks
  • Express Franchise Services, L.P. v. Xerox Corporation, Trademark Opposition No. 91124725, opposition filed against registration of Express Yourself
  • Express Franchise Services, L.P. v. Aspen Systems Corporation, Trademark Cancellation No. 92046400, cancellation action filed against Staffxpress
  • Express Franchise Services, L.P. v. Talx Corporation, Trademark Cancellation Action No. 92047323, cancellation action filed against W-2 Express and Design, UC Express and Design and UC Express
  • Express Franchise Services, L.P. v. Talx Corporation, Trademark Opposition No. 91176559, opposition filed against registration of HireXpress
  • Londontown Corporation v. Lee Addison, Inc., Trademark Opposition No. 91080367, opposition filed against registration of Fog Wash
  • Londontown Corporation v. David Pik International, Inc., Trademark Opposition No. 91072658, opposition filed against registration of Foggy Day