Zachary A.P. Oubre

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  • Overview
  • Experience
  • Honors & Involvement
Bio overview

Zach Oubre’s practice encompasses the areas of intellectual property law and commercial litigation. Much of his practice involves the resolution of disputes in federal and state courts across the nation involving trademark, patent, and copyright infringement, as well as claims of trade secret misappropriation, breach of non-competition and non-solicitation agreements, deceptive trade practices, and unfair competition.

As part of his intellectual property transactional practice, Zach handles a wide array of licensing and other transactional matters involving intellectual property assets. He has assisted numerous clients with due diligence and negotiating agreements concerning intellectual property asset purchases, and also helps clients negotiate and draft software licenses and other data sharing and privacy agreements. Zach 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 copyright prosecution and filing, as well as the negotiation and drafting of coexistence, consent and license agreements concerning all types of intellectual property.

In the niche area of marketing law, Zach’s experience includes helping clients — including a number of Fortune 100 companies — navigate various state and federal sales promotion and advertising laws and by developing and drafting rules governing sweepstakes and contests. He has also assisted numerous clients with drafting enforceable terms and conditions and privacy policies for their websites as well as assisting clients with disputes concerning social media.

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.

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

Zach’s achievements have earned him inclusion in The Best Lawyers in America (intellectual property litigation) and Oklahoma Super Lawyers’ list of “Oklahoma Rising Stars,” which recognizes the state’s top up-and-coming attorneys.

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.

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Experience, Honors, & Awards

Representative Experience

Intellectual Property

  • 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 the District Court of Washita County, Oklahoma.
  • Obtained permanent injunction and award of attorneys’ fees for multi-state restaurant chain in trademark infringement suit involving unapproved use of registered trademarks in the Western District of Oklahoma.
  • Obtained temporary restraining order, preliminary injunction, and permanent injunction in favor of non-profit religious institution in litigation against foreign corporation involving allegations of counterfeiting and trademark infringement in the District Court of Oklahoma County, Oklahoma.
  • Successfully obtained dismissal of misappropriation of trade secret allegation brought against national oil and gas company in the Third Judicial District of Salt Lake City, State of Utah, where plaintiff claimed company had misappropriated proprietary fuel system developed during joint venture.
  • Successfully invalidated two patents involved in a dispute over alleged multimillion-dollar infringement of gaming patents. Ruling invalidating the patents affirmed by the Federal Circuit Court of Appeals. 
  • Obtained dismissal of multimillion-dollar fraud and misappropriation claims against national oil and gas company brought by website developer in the District Court of Oklahoma County, Oklahoma, claiming that the energy company wrongfully used proprietary software program. Dismissal affirmed on appeal.
  • Obtained favorable settlement in favor of online workforce training company in lawsuit initiated by competitor in the Western District of Washington alleging claims of copyright infringement and false advertising.
  • Obtained favorable settlement in favor of Oklahoma-based manufacturer of oil and gas production control equipment which initiated suit in the Western District of Oklahoma contending that internationally-known competitor had willfully infringed trade dress.
  • Obtained favorable settlement on behalf of oil and gas production equipment manufacturer alleged to have conspired with former employees of competitor to misappropriate trade secrets in multi-defendant litigation in the District Court of Cleveland County, Oklahoma.
  • Successfully obtained judgment in favor of multi-state food retailer against international restaurant chain in Trademark Trial and Appeal Board proceeding denying the international restaurant chain’s application for federal registration of its trademark in the United States, holding the mark to be confusingly to the multi-state food retailer’s.
  • Obtained favorable settlement on behalf of California-based décor manufacturer in copyright infringement suit brought in the Western District of Oklahoma.
  • Successfully obtained dismissal of false advertising claims brought against multi-state retail furniture company in action against competitor in the Western District of Oklahoma.
  • Obtained favorable settlement in favor of manufacturer and distributor of pet supplies which initiated suit in the Northern District of Texas contending that competitor had infringed copyright.
  • Obtained favorable settlement in favor of nationally recognized human capital management software company in action alleging claims of trademark infringement by California-based company in the District Court of Oklahoma County, Oklahoma.
  • Obtained favorable settlement in favor of a national personnel company in action against competitor alleging trademark infringement suit in the Southern District of Texas.
  • 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.
  • Obtained dismissal of patent infringement claims against software licensor in the Middle District of Florida for lack of standing. Dismissal affirmed by the Federal Circuit Court of Appeals.
  • Obtained temporary restraining order and favorable settlement in favor of multi-state distributer of building materials in suit involving allegations of misappropriation of trade secrets against former employee and competitor in District Court of Oklahoma County, Oklahoma.
  • Obtained temporary restraining order and favorable settlement in favor of personnel company in suit involving allegations of misappropriation of trade secrets against former employee and competitor in District Court of Garfield County, Oklahoma.
  • Successfully obtained dismissal of allegations of misappropriation of trade secrets against website developer in Western District of Oklahoma brought by competitor and based on the hiring of competitor’s former employee.
  • 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.
  • Represented international oil and gas company in Uniform Domain Name Dispute Resolution Proceeding (UDRP) and successfully obtained infringing domain name violating company’s trademark  rights.
  • 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 favorable settlement for multi-state clothing retailer 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 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 an international online training course company in the compilation, documentation and transfer of its intellectual property portfolio as part of an acquisition.
  • Represented media company in the compilation, documentation and transfer of its intellectual property portfolio as part of an acquisition.
  • Represented investment company in the compilation, documentation and transfer of intellectual property portfolio in an acquisition transaction.
  • Obtained favorable settlement for local clothing retailer in trademark infringement suit in Western District of Oklahoma.
  • Obtained favorable judgment in favor of insurance company against former employee in misappropriation of trade secrets action in District Court of Oklahoma County, Oklahoma.
  • Obtained cancellation of federal trademark registration in proceedings before the U.S. 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 U.S. 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; and coexistence and consent agreements.
  • Representation of numerous entities involving the review and negotiation of commercial software licenses, promotional contest terms and conditions, and 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 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 favorable settlement in favor of distributor of oil and gas equipment in action claims of defective equipment involving West Virginia-based services company and international equipment manufacturer in the Western District of Oklahoma.
  • 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 lumber distributer in District Court of Oklahoma County in litigation involving claims of negligence and defective material.
  • 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 multimillion-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.
  • Represented three minor children as a volunteer attorney for Oklahoma Lawyers for Children in termination of parental rights and adoption proceedings before the Juvenile Division of the Oklahoma County District Court.

Honors and Awards

  • Selected by peers for inclusion in The Best Lawyers in America (intellectual property litigation)
  • Named to Oklahoma Super Lawyers’ list of “Oklahoma Rising Stars,” which recognizes the state’s up-and-coming attorneys

Professional Organizations and Memberships

  • Oklahoma Bar Association (Vice President, Intellectual Property Section)
  • American Bar Association
  • Federal Bar Association

Civic Involvement and Leadership

  • Regional Food Bank of Oklahoma (2017-2018 Leadership Council, Class III)

ATPs display in this column

At The Podium

Invasion of the Data Snatchers

Healthcare Headlines Seminar
Oklahoma City, OK | March 27, 2018

Trade Secrets: Strategies for identifying, protecting and enforcing intellectual property

2016 Corporate Counsel Seminar
Oklahoma City, Oklahoma | December 8, 2016

Intellectual Property Is Relevant To Every Business

Tulsa County Bar Association CLE Seminar
Tulsa, OK | December 16, 2014

‘Social’ Security — Protecting your company from the hidden pitfalls of social media

EmployerLINC Webinar
Online | August 5, 2014

Sweepstakes, Contests and Not Gambling

2013 Intellectual Property Law Seminar and Mid-year Meeting of the Intellectual Property Law Section of the Oklahoma Bar Association
Dallas, Texas | July 9, 2013
Attorney Articles

Articles

internet data privacy

Push for data privacy increases

The Journal Record |

Selecting EHR Vendors: An ounce of prevention is worth a pound of cure

McAfee & Taft Healthcare Update |

Speedier service or biased browsing?

The Journal Record |

Is the internet neutral and does it really matter?

McAfee & Taft tIPsheet |

Office pool madness

The Journal Record |

Don’t bet the farm on March (legal) Madness

McAfee & Taft tIPsheet |

IP holding companies offer potential added protection benefits

McAfee & Taft tIPsheet |

Defend Trade Secrets Act requires immediate review of confidentiality agreements with employees and contractors

McAfee & Taft TIPsheet Alert and McAfee & Taft EmployerLINC Alert |

The Defend Trade Secrets Act of 2016: Implications for business, employers and employees

McAfee & Taft tIPsheet and McAfee & Taft EmployerLINC |

Changes to Federal Rules to affect patent infringement pleadings

McAfee & Taft tIPsheet Alert |

[Your Brand].Sucks

McAfee & Taft tIPSheet Alert |

Consumer Protection in 2014: A Review of Recent FTC Consumer Protection Measures and Trends to Watch Out for in the New Year

For the Defense |

Legal risks on the rise for businesses that auto‑dial, text

McAfee & Taft tIPsheet |

Keys to ensuring the secrecy of trade secrets

McAfee & Taft tIPsheet |

Concerns over copyright infringement drive Google to change search algorithms

McAfee & Taft tIPsheet |

Rehiring veterans is simple, but it can be dangerous for employers

Oklahoma Employment Law Letter |

House bill takes aim against patent trolls, frivolous lawsuits

McAfee & Taft tIPsheet |

Learn about Section 1519

The Journal Record |
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Admissions

  • Oklahoma, 2011
  • U.S. District Court for the Western and Northern Districts of Oklahoma
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Tenth Circuit
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Education

  • J.D., with highest honors, University of Oklahoma, 2011
    • Recipient, Nathan Scarritt Prize, S.T. Bledsoe Memorial Prize, Comfort Scholarship, 10 American Jurisprudence Awards
  • B.S. (Economics), University of Oklahoma, 2008
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