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Morgan T. Nickerson

Partner
+1.617.261.3134
Fax +1.617.261.3134
Morgan Nickerson is a partner in the Boston office and a member of the firm’s antitrust and intellectual property teams. His practice focuses on the protection of global distribution programs through suppression of gray market and counterfeit activities. His litigation experience includes high stake competition cases concentrating on intellectual property, comparative advertising, monopolization, and importation/exportation disputes.

In addition to litigation experience, Mr. Nickerson advises luxury goods manufacturers on resale price maintenance strategies designed to limit online price erosion, global pricing arbitrage opportunities, and brand dilution. This includes antitrust counseling and implementation of Unilateral Pricing Policies, Minimum Advertised Price (MAP) policies, and selective distribution strategies in North America, Europe, and Asia.

Professional Background

Prior to joining K&L Gates, Mr. Nickerson was a partner at a national law firm.

Achievements

  • Named a Massachusetts “Super Lawyer” in Intellectual Property Litigation by New England Super Lawyers (2018)
  • Named a “Rising Star” by New England Super Lawyers (2011-2017)

Professional/Civic Activities

  • American Bar Association, Intellectual Property and Antitrust section
  • Boston Bar Association, Intellectual Property and Antitrust section

Additional Information

Publications
  • “Price Check: Uncertain Outcomes In Advertised Price Cases,” Law 360, June 29, 2016
  • “Business as Usual,” Corporate Counsel, May 2011
The following is a selected sampling of recent cases and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future litigation matter:

Antitrust Litigation
  • Roxul USA, Inc. v. Armstrong Worldwide Industries, Delaware Federal District Court. Defeated motion to dismiss and motion for summary judgment in lawsuit alleging improper monopolization of acoustical ceiling tile marketplace. Confidential Settlement.
  • Savant Systems v Crestron Electronics (2014), Massachusetts, Federal District Court. Confidential Settlement, represented plaintiff in Sherman Act monopolization claim.
  • GN Netcom, Inc. v. Plantronics, Inc., 2016 WL 3792833, (D. Del. July 12, 2016) -Obtained $5 million sanction and adverse inference for defendant’s spoliation of evidence.
Intellectual Property Litigation
  • Epson America, Inc. v. USA111, Inc. d/b/a iRulu, 259 F. Supp. 3d 387 (D.S.C. 2017) - Injunction granted prohibiting defendant from falsely advertising lumen brightness of projectors. Settled favorably for client shortly thereafter with damages of $5 million awarded.
  • Bose Corp. v. Ejaz, 732 F. 3d 17 (1st Cir. 2013) - Unanimous decision from First Circuit Court of Appeals affirming permanent injunction barring a gray market reseller from exporting products bearing US trademarks into Australia.
  • Roger Cleveland Golf Co. v. Prince, - South Carolina Federal District Court (2012) - $770,000 jury verdict against SEO company for contributory trademark infringement through its acts of optimizing a website that sold counterfeit golf clubs.
  • B&W Group Ltd Corp v. TVC Tech Group Ltd, Massachusetts Superior Court (2014) - Obtained ex parte order freezing PayPal account of Chinese counterfeit reseller leading to a favorable settlement.
  • Bose Corporation v. Zavala, Massachusetts Federal District Court (2012) - $14 million judgment, permanent injunction, and seizure order against reseller who was impermissibly importing product from Mexico into the U.S.