Russell M. Racine

Russell (“Russ”) Racine is a partner and Chair of the firm’s Intellectual Property Practice Group. He has more than 20 years of experience representing businesses, professionals, and individuals in intellectual property matters, professional liability, construction defect litigation, and related disputes in state and federal courts.

Russ is a licensed patent attorney. His intellectual property litigation practice includes matters involving patents, trademarks, copyrights, trade secrets, trade dress, domain names, cybersquatting, website infringement, false advertising, licensing, enforcement, procurement, and pre-litigation dispute resolution. He also appears before the United States Patent and Trademark Office and the Trademark Trial and Appeal Board.

Intellectual Property Litigation and Brand Protection

Russ represents clients ranging from startups to Fortune 100 companies in intellectual property disputes and related counseling matters. His representation includes patent infringement claims, trademark disputes, copyright claims, trade secret misappropriation matters, trade dress disputes, and domain name proceedings.

In trademark and brand protection matters, Russ handles all aspects of infringement issues, opposition and cancellation proceedings, registration issues, licensing, enforcement, and purchasing and sales of intellectual property. His practice also includes digital-rights matters involving domain names, cybersquatting, website infringement, and false advertising.

Trade Secret Protection and Litigation

Russ advises businesses on trade secret protection programs, non-disclosure agreements, and practical measures intended to reduce the risk of misappropriation. When disputes arise, he handles litigation involving trade secret claims under the Uniform Trade Secrets Act and the Defend Trade Secrets Act, including matters in both state and federal courts.

Name, Image, and Likeness

Russ assists athletes, influencers, and public figures with name, image, and likeness matters involving personal brand protection, endorsement agreements, licensing arrangements, sponsorship agreements, trademark registration, intellectual property portfolio management, and risk mitigation. His work includes drafting and negotiating NIL-related agreements and advising clients on compliance considerations and enforcement.

Professional Liability Defense

Russ defends professionals and organizations accused of malpractice, negligence, and breach of fiduciary-duty claims in North Carolina and South Carolina. His professional liability defense practice includes claims involving attorneys, real estate agents and brokers, title companies, executives and officers, homeowner association boards and management companies, and insurance professionals, including claims administrators, underwriters, and adjusters accused of bad faith practices.

Construction Defect Litigation

Russ defends contractors, developers, and design professionals in construction defect claims, including matters involving allegations of faulty workmanship and code violations. His construction litigation practice includes complex, multiparty disputes in North Carolina and South Carolina. He routinely counsels clients through negotiation, discovery, and trial.

Aviation, Transportation, Insurance Litigation, and Dispute Resolution

Russ represents clients in aviation, transportation, automobile, motorcycle, tractor-trailer, wrongful death, and other insurance-related matters. His practice includes disputes addressed through mediation, arbitration, pre-suit resolution, settlement negotiations, and litigation.

SELECTIVE REPRESENTATIVE MATTERS 

Intellectual Property: 

• Represented a commercial developer defending against allegations of trademark infringement, trade dress infringement, and various business torts. 
• Representation of a medical device manufacturer in federal district court involving claims of patent infringement, Lanham Act violations, and unfair competition. 
• Defended a manufacturer of fall safety equipment from patent infringement allegations and Lanham Act violations.  
• Defended a restaurant accused of trademark infringement, cybersquatting, and Lanham Act violations. 
• Representation of a North Carolina municipality accused of patent infringement for technology related to waste treatment.  
• Represented and defended a retail store in a federal trial for trademark infringement and unfair competition against an international corporation. 
• Representation of an international company involved in refrigeration products in federal court against allegations of patent infringement, Lanham Act violations, trademark infringement, and deceptive advertising and trade practices. 
• Representation of company accused of copyright infringement of software and unfair competition from former business partners. 
• Counseled and represented company sued for trademark and copyright infringement for alleged unauthorized use of marks and images on its website. 
• Represented a business accused of counterfeiting and engaging in sales of patent infringing, gray-market goods in violation of US and international law for internet sales of medical devices. 
• Representation of a regional real estate company sued for theft of trade secrets, unfair and deceptive trade practices, and other business torts.
• Represented individual inventor against former business partners infringing patent related to manufacture of alcoholic beverages. 
• Represented franchise owner in Cancellation proceeding before Trademark Trial and Appeal Board. 
• Represented software company engaging in pre-suit negotiations with competitor and resolved all issues prior to litigation. 
• Represented business franchisor in cancellation proceeding before Trademark Trial and Appeal Board. 
• Defended bars and restaurants from allegations of Lanham Act violations, trademark infringement, and misappropriation of name, image, and likeness claims. 

Professional Liability: 

• Defended a boutique, regional patent law firm against allegations of professional malpractice and negligence in patent prosecution and representation of the firm’s former client before the U.S. Patent and Trademark Office.
• Obtained summary judgment on all issues for educators and school sued for multiple torts.
• Represented law firm accused of malpractice and negligence related to Fair Debt Collection Practices Act.
• Represented attorney accused of malpractice for an alleged error in preparing a Last Will and Testament for a former client.
• Defended attorney accused of malpractice for improperly drafting a contract resulting in the loss of former client’s business.

Aviation and Insurance: 

• Represented international truck parts manufacturer in wrongful death case against allegations of product liability. 
• Representation of accounting firm against former employees violating non-solicitation and non-compete provisions of contract. 
• Defended international clothing manufacturer against allegations of product defect related to flammability of shirts. 
• Represented trade group and masonry contractors in a multi-million-dollar class action construction defect lawsuit. 
• Defense of a regional HVAC company accused of negligence and faulty installation of equipment in a commercial building.
• Defended a commercial carrier against wrongful death suit alleging pilot error and defective maintenance of aircraft. 

*Cases or matters referenced do not represent the attorney’s entire record. Each case is unique and must be evaluated on its own merits. The outcome of a particular case cannot be predicated upon a lawyer’s or a law firm’s past results.