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Zach Oubre’s practice encompasses the areas of intellectual property law and litigation, sweepstakes and contest law, internet law, and commercial litigation. Zach’s practice involves intellectual property litigation matters in state and federal courts across the country. He has assisted clients in trademark, patent and copyright infringement suits, as well as disputes concerning trade secret misappropriation. In addition to traditional intellectual property disputes, Zach has also assisted clients in disputes regarding non-competition and non-solicitation agreements, electronic data breaches and deceptive trade practices.

As part of his intellectual property practice, Zach also handles a wide array of licensing and other transactional matters involving intellectual property assets. He routinely assists clients with the clearance, prosecution (searches, opinion letters, filing, prosecution, appeals and maintenance of applications and registrations), and enforcement of trademarks as well as opposition, cancellation and post-grant review proceedings before the U.S. Patent and Trademark Office. His practice also includes negotiating and drafting intellectual property and software license agreements, purchase agreements, and coexistence and consent agreements concerning intellectual property. Zach also assists clients with copyright prosecution and filing.

Zach’s experience includes work in the area of sweepstakes and contest law and other laws affecting sales promotion activities, and he has assisted multiple Fortune 100 companies in the development and drafting of rules governing promotional sweepstakes and contests. With respect to internet law, he has assisted numerous clients with drafting enforceable terms and conditions for their websites as well as privacy policies.

Outside of the intellectual property arena, Zach has represented clients in a broad range of commercial disputes and defended employers and management in employment and other commercial matters. A portion of his practice remains devoted to complex commercial litigation.

In addition to his legal practice at the firm, Zach serves as a volunteer attorney for Oklahoma Lawyers for Children, a nonprofit organization that uses the time, talent and resources of qualified pro bono lawyers and others to represent and assist children in various matters before the Juvenile Division of the Oklahoma County District Court.

Zach has been interviewed by The Oklahoman, served as a guest legal columnist for The Journal Record business newspaper, and been a contributing writer to EmployerLINC, a law blog dedicated to employers and workplace issues. He also provides lessons on intellectual property law at the Oklahoma City University Meinders School of Business.

While attending law school, Zach interned with the University of Oklahoma Office of Legal Counsel and worked on numerous litigation matters concerning the university. Before joining McAfee & Taft, he worked for Cox Communications for five years as a sales manager while earning his undergraduate degree in economics from the Michael F. Price College of Business at the University of Oklahoma.

 

Representative Experience

Intellectual Property

  • Obtained favorable settlement in favor of national oil and gas company defendant  in patent infringement suits in Eastern District of Texas.
  • Successfully obtained a stay of litigation and favorable settlement in favor of defendant milling company in patent infringement suit in District of Nebraska.
  • Obtained favorable settlement in favor of book distributor in Uniform Dispute Resolution Proceeding regarding alleged domain squatting.
  • Successfully obtained dismissal of opposition proceeding before the U.S. Patent and Trademark Office in favor of national food distributor.
  • Obtained permanent injunction and award of attorneys' fees for multi-state restaurant chain in trademark infringement suit involving unapproved use of registered trademarks in social media in Western District of Oklahoma.
  • Obtained favorable settlement for multi-state clothing retailer in trademark infringement suit in Southern District of Texas.
  • Obtained favorable settlement in favor of a national personnel company in trademark infringement suit in Southern District of Texas.
  • Obtained favorable settlement in favor of a plaintiff alleging infringement of a patent directed toward the oil and gas industry in Western District of Oklahoma.
  • Obtained favorable settlement in favor of a commercial weather company alleging claims of copyright infringement and misappropriation of trade secrets against competitor in Western District of Oklahoma.
  • Successfully defended against allegations of misappropriation of trade secrets by obtaining dismissal with prejudice in Western District of Oklahoma.
  • Obtained favorable settlements in favor of defendant retailer in copyright infringement suits in Western District of Oklahoma.
  • Obtained favorable settlement for movie producers in an action involving copyright ownership of documentary in Northern District of Dallas.
  • Represented a premier manufacturer of metal buildings and structural steel components in the compilation, documentation, and transfer of its intellectual property portfolio as part of a merger transaction.
  • Represented investment company in the compilation, documentation, and transfer of intellectual property portfolio in an acquisition transaction.
  • Obtained favorable judgment in favor of insurance company against former employee in misappropriation of trade secrets action in District Court of Oklahoma County.
  • Obtained cancellation of federal trademark registration in proceedings before the Patent and Trademark Office in favor of multi-state retail clothing company.
  • Obtained favorable settlement in favor of national food distributor in opposition proceeding before the Patent and Trademark Office.
  • Representation of numerous entities, including national food chains and national retail chains, with respect to trademark clearance and prosecution (e.g., searches, opinion letters, filing, prosecution, appeals and maintenance of applications and registrations) as wells as opposition proceedings.
  • Representation of numerous entities with respect to enforcement of intellectual property rights involving print and online media, including a wide array of social media such as Facebook®, YouTube®, and Pinterest®.
  • Representation of numerous entities involving the drafting of a wide range of agreements, including patent, trademark and copyright licenses, employment agreements, as well as coexistence and consent agreements.
  • Representation of numerous entities involving the review and negotiation of commercial software licenses, promotional contest terms and conditions, as well as the terms and privacy policies governing commercial websites.
  • Representation of numerous entities for copyright prosecution and filing, including copyrights directed toward architectural designs and software.

 
Business Litigation

  • Successfully defended against successor liability and fraudulent transfer claims made by Oklahoma Insurance Commissioner alleging more than $10 million dollars of liability by obtaining summary judgment in the Western District of Oklahoma. Judgment affirmed on appeal to the Tenth Circuit Court of Appeals despite appellant's arguments that district court should have abstained from litigation due to novel issues of state law.
  • Obtained jury verdict of nearly $6 million on behalf of a national manufacturer of oil and gas equipment in an action against a former executive and former distributor involving allegations of misappropriation of trade secrets, unfair competition, breach of contract, tortious interference, conversion, deceptive trade practices, and breach of fiduciary duties in District Court of Washita County, Oklahoma.
  • Obtained favorable ruling on a motion to dismiss in favor of multi-state oil and gas company against a software developer resulting in dismissal with prejudice of miscellaneous tort claims alleging the defendant had misused the plaintiff’s intellectual property in action in District Court for Oklahoma County.
  • Successfully obtained reversal of judgments against numerous multi-state restaurant companies in appeal before Oklahoma Court of Civil Appeals.
  • Obtained confirmation of arbitration award in Eastern District of Texas while successfully defending against opposition moving to vacate the award.
  • Obtained favorable settlement for medical company in District Court of Oklahoma County, Oklahoma, in suit against information systems company.
  • Obtained favorable settlement for investment company in Pennsylvania state court in commercial breach of contract suit.
  • Obtained favorable settlement for subcontractor in multi-party construction litigation immediately prior to jury trial in District Court of Canadian County, Oklahoma.
  • Obtained favorable settlement in favor of a sales representative seeking multi-million dollar damage award for breach of contract suit in Western District of Oklahoma.
  • Obtained favorable judgment for purchaser of hospital assets in breach of contract case in District Court of Oklahoma County, Oklahoma.
  • Obtained summary judgment in favor of commercial lessor in breach of contract suit and successfully obtained judgment of lessor's attorneys’ fees in District Court of Oklahoma County, Oklahoma.
  • Successfully defended employer against breach of contract claims with motion to dismiss in District Court of Oklahoma County, Oklahoma.

 
Pro Bono Representation

  • Successfully defended indigent individual against government allegations under the False Claims Act seeking more than $300,000 of liability by obtaining dismissal of lawsuit in Western District of Oklahoma.
  • Obtained favorable settlement and order of final judgment for single mother in paternity suit seeking unpaid child support, custody determination, and child support in District Court of Oklahoma County, Oklahoma.

   

Professional Organizations and Memberships

  • Oklahoma Bar Association (Board of Directors, Intellectual Property Section)
  • American Bar Association
  • Federal Bar Association

  
Civic Involvement and Leadership

  • Rebuilding Together, Cleveland County (Board of Directors)

  

Articles

Changes to Federal Rules to affect patent infringement pleadings

Changes to Federal Rules to affect patent infringement pleadings

McAfee & Taft tIPsheet Alert | December 15, 2015
[Your Brand].Sucks

[Your Brand].Sucks

McAfee & Taft tIPSheet Alert | June 2015

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