Mary Grace Gallagher

Trademark/False Advertising

• Defending Dunkin’ Brands in trademark infringement litigation concerning its use of the phrase GREAT TASTE PLANT-BASED in connection with a breakfast sandwich. (Sonate v. Dunkin’ Brands et al., (D. Mass.).
• Numerous ongoing and concluded representations of Nutramax Laboratories in various matters regarding false advertising, trademark infringement, counterfeiting disputes, relating to health and wellness supplements for humans and animals, including Zesty Paws v. Nutramax (S.D.N.Y.), Nutramax v. Zesty Paws (M.D. Fla.), Nutramax v. Lintbells (M.D. Fla.), and Nutramax v. ERWI, et. al. (W.D. Tex).
• Obtained a dismissal with prejudice of the plaintiff’s trademark claims after the court granted client National Geographic’s motion to dismiss on first amendment grounds. Marty Stouffer Productions v. National Geographic (D. Colo.).
• Representing Kids2 in trademark and copyright enforcement, and brand protection matters worldwide.
• Representing NASCAR in trademark enforcement and brand protection matters worldwide.
• Defending client CC Wellness, owner of the trademark PLAYON for personal lubricants, in a trademark infringement action brought by a competitor alleging infringement of its TURN ON trademark. Trigg Laboratories Inc. v. CC Wellness (C.D. Cal.).
• Defended Zazzle, an industry-leading online retailer of custom-made products, against allegations of trademark infringement and counterfeiting asserted by Atari. Atari Interactive Inc. v. Zazzle Inc. (N.D. Cal.).
• Defended ALDI against claims of trademark infringement concerning its use of the phrase “Village Bakery.” (C.D. Cal.).
• Represented a major international manufacturer of kitchen equipment in a false advertising claim before the National Advertising Division (NAD) against one its largest competitors regarding superiority claims the competitor was making regarding new food storage containers. The NAD and, on appeal, National Advertising Review Board, ruled in the client’s favor on all claims.

Mary Grace Gallagher’s areas of focus include trademark and copyright litigation and enforcement, false advertising litigation, trademark clearance and portfolio management, and Internet and domain name disputes. She works with a broad range of clients including restaurants, sports organizations, and consumer-packaged goods companies. Mary Grace also frequently represents clients before the Trademark Trial and Appeal Board, the National Advertising Division, and in Uniform Domain-Name Dispute Resolution Policy (UDRP) proceedings. She regularly provides advertising counseling and advice to numerous companies.

Mary Grace was named a Best Lawyers in America: Ones to Watch® in 2022–2025 for expertise in Intellectual Property Law. She received her J.D., with high honors, Order of the Coif, from Emory University, where she was a member of the Emory Law Journal. Mary Grace received her B.A. in political science and international studies from Northwestern University where she was also a collegiate athlete.

Bar Admissions

• Georgia

Education

• Emory University (J.D., 2016)
• Northwestern University (B.A., 2012)