Kinsley

Nicole Kinsley

Counsel
Co-Chair, Trademark, Copyright & Unfair Competition Practice
Boston

I advise clients of all types and sizes on proper care and feeding of trademarks.

Nicole Kinsley represents clients ranging from individuals to multinational corporations in trademark, copyright, and false advertising litigation, and in day-to-day trademark matters. She is co-chair of Foley Hoag’s Trademark, Copyright, and Unfair Competition practice group.  

Nicole provides a full range of trademark services, advising clients across all industries about selection, clearance, prosecution, enforcement, and licensing. She enjoys the opportunity to be involved at the start of a new venture when she can provide practical and realistic advice about selection of strong brands and evaluation of risks at the outset, and helping new clients with more mature portfolios to troubleshoot preexisting issues and strengthen their rights. Nicole aids many of her clients in developing and executing global strategies and managing the resulting worldwide trademark portfolios, working seamlessly with local counsel in other countries.  

Nicole represents clients in disputes from investigation and demand letter onwards, helping them navigate complex and contentious scenarios with practical and efficient approaches.  She regularly litigates in federal court and before the USPTO’s Trademark Trial and Appeal Board. Nicole’s hybrid prosecution and litigation practice allows her to draw on her knowledge of her clients’ brands and business goals to assist them as painlessly as possible when disputes arise, but she also excels at getting to know new clients when they find themselves in the stressful position of needing to enforce their rights or defend against the claims of others.  

Nicole is recognized in the World Trademark Review's WTR 1000 – The World's Leading Trademark Professionals, where she has been described as “highly recommended,” “easy to work with and a wildly capable professional when it comes to global branding,” and bringing “a perfect fusion of prosecution and litigation expertise to impart wisdom and help clients to address their concerns efficiently.”

Nicole has an active pro bono practice, including assisting charitable and arts organizations with their trademark and copyright needs. Nicole is also a Board Member and former President of the Harvard Law School Association Parody & Drama Society Alumni Network.

Education

  • Harvard Law School, J.D., 2011
  • Amherst College, B.A., cum laude, 2008

Bar and Court Admissions

BAR ADMISSIONS
  • Massachusetts
  • New York
COURT ADMISSIONS
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Eastern District of Michigan

Experience

DISPUTES
  • Represented a pop-up greeting card company in a copyright infringement action against a competitor, securing a complete trial victory with a jury verdict that found infringement of our client’s original greeting card designs and awarded the maximum available damages. 
  • Obtained dismissal after hearing of declaratory judgment action against education company.  
  • Obtained dismissals of copyright litigations brought against world-famous film and television studios on merits and jurisdictional grounds.
  • Represented numerous clients in opposition and cancellation proceedings before the Trademark Trial and Appeal Board, leading to favorable decisions and settlements.
  • Successfully enforced clients’ rights through trademark, copyright, and right of publicity demand letters.
  • Successfully defended clients in responding to demand letters, convincing senders not to pursue litigation.
  • Negotiated favorable resolutions of numerous disputes, helping clients avoid litigation where possible.
  • Represented plaintiffs and defendants in false advertising proceedings before the National Advertising Division.
NON-DISPUTES TRADEMARK WORK
  • Represented one of the largest and most experienced cultivators, manufacturers and providers of cannabis products and related services in connection with global trademark prosecution, enforcement, and licensing. 
  • Represented companies in connection with online marketplace enforcement, including copyright, counterfeit, right of publicity, and trademark takedowns, along with coordinating global notice and takedown programs.   
  • Advised clients regarding strategies for trademark selection.
  • Conducted trademark clearance and advised clients regarding risk avoidance.
  • Secured clients’ trademark rights through aggressive and creative prosecution strategies, including overcoming refusals from USPTO and foreign trademark offices.
  • Developed and maintained worldwide trademark portfolios including hundreds of applications and registrations in many jurisdictions.
  • Advised educational software company in rebranding amidst multiple mergers. 
  • Conducted due diligence on trademark, copyright, and domain name portfolios of potential acquisition targets, including companies in the life sciences, technology, consumer products, food and beverage, fashion and luxury goods, and hospitality industries. 
  • Represented pro bono non-profit client in negotiating acquisition of trademarks and copyright from formerly affiliated entity.  

Honors & Involvement

HONORS
  • World Trademark Review (WTR) 1000 – The World's Leading Trademark Professionals:
    • Bronze Category in Prosecution & Strategy (2024-2026)
    • Bronze Category in Enforcement & Litigation (2026)

Events

Top IP Cases in 2025 Page
Foley Hoag Event 01/22/2026
CREATE-X: Georgia Tech Startup Lab Kickoff Page
Speaking Engagement 05/15/2024
Lifecycle of a Trademark Application Page
Foley Hoag Event 04/16/2024
Top IP Cases in 2022 Page
Foley Hoag Event 01/19/2023

Other Events

  • Speaker, “IP Basics,” Boston Bar Association (October 10, 2020)
  • Guest Speaker, “Asserting and Enforcing IPR to Protect the Brand,” Northeastern School of Law Branding Law and Practice course (April 24, 2020)
  • Speaker, “2019 Developments in Copyright Law,” Boston Bar Association 20th Annual Intellectual Property Year in Review (January 23, 2020)
  • Speaker, “Intellectual Property Strategies for Startups,” MassChallenge (August 22, 2019)
  • Speaker, “Practicing TM, Copyright, IP & Related Areas of Law” panel, Boston Patent Law Association (October 17, 2018) 
  • Speaker, “Trademark, Copyright, and Patent 101,” Lawyers’ Committee for Civil Rights Under the Law (April 19, 2018)