Matthew J. McKissick

Matthew J. McKissick

Associate

Background

A dynamic intellectual property attorney, Matthew McKissick draws on deep scientific roots and a thorough grasp of technical concepts. He offers a unique perspective, combining real-world experience as a scientist with his love for art, music and entertainment. 

Matthew focuses on brand management and trademark protection, assisting clients with comprehensive search and clearance, prosecution, maintenance and renewal. On trademark enforcement, he advises on cease and desist letters, coexistence agreements, e-commerce take-down requests, domain name disputes, Trademark Trial and Appeal Board proceedings, and federal and state litigation. He also provides copyright counseling involving registration, maintenance and enforcement.

Matthew also helps clients meet their current and future water supply needs, providing assistance through all stages of the water rights permitting and adjudication process as well as performing water rights due diligence reviews in connection to mergers and acquisitions. A former hydrologist, he understands the vital role that water plays to many businesses.

During law school, Matthew was a staff member of the Nevada Law Journal, a legal intern for the Las Vegas Valley Water District and an extern for Judges Jennifer A. Dorsey and Andrew P. Gordon at the U.S. District Court for the District of Nevada. Before becoming an attorney, Matthew was an environmental consultant, overseeing numerous projects related to renewable energy, mining and transportation.

Representative Matters

Recent Experience

  • Nevada counsel to MGM Resorts International and MGM Growth Properties LLC in connection with forming a joint venture with Blackstone Real Estate Income Trust to acquire the Las Vegas real estate assets of the MGM Grand and Mandalay Bay for $4.6 billion. Concurrent with the acquisition, MGM Resorts entered into a master lease to lease from the joint venture and operate both properties.

  • Nevada counsel to MGM Resorts International in Blackstone Real Estate Income Trust’s $4.2 billion acquisition of Bellagio real estate from MGM and lease back to MGM. This sale has been said to be the single largest resort sale in Las Vegas’ history.

  • Successfully defended the revolutionary speaker company Auratone, LLC against allegations that Auratone had abandoned its famous trademark AURATONE. In the 1950s, Auratone began selling studio monitors for recording artists and music producers. Over the decades, Auratone achieved widespread recognition, becoming the go-to speaker for artists from Quincy Jones and Kenny Rogers to Adele and Lady Gaga. Most notably, Auratone’s speakers were used to record the highest-selling album of all time—Michael Jackson’s Thriller. After a foreign-based company began using the mark AURATONE to sell its own speakers, alleging that Auratone had abandoned its trademark, Brownstein successfully argued that Auratone retained its trademark rights since its inception, despite the lapse of its federal trademark registration in the early 2000s following the death of the company’s founder.

  • Retained by the popular stock-trading platform Robinhood to defend it against a federal lawsuit brought by O’Shea Jackson, the 90s-era rapper professionally known as “Ice Cube.” The rapper-turned-actor alleged that Robinhood impermissibly used Ice Cube’s image and likeness by incorporating an image from the 2007 film “Are We Done Yet?” together with the caption “correct yourself before you wreck yourself”—a play on the oft-parodied slang phrase “check yourself before you wreck yourself”—in Robinhood’s monthly editorial newsletter about stock market corrections. Robinhood defeated Ice Cube’s false endorsement claim under the Lanham Act on the second try.

Credentials

Education

  • J.D., 2019, William S. Boyd School of Law, cum laude
  • B.S., 2010, University of Nevada, Reno, cum laude

Admissions

  • Nevada
  • U.S. District Court, District of Nevada

Recognition

AWARDS:

Vegas Inc Top Lawyers, Environmental & Natural Resources, 2020-2022

LaFrance-Trimble Award for Outstanding Graduate in Intellectual Property, William S. Boyd School of Law, 2019

CALI Award (for the highest grade in the class): Lawyering Process II (legal research and writing), 2017

CALI Award: Copyright, 2017

CALI Award: Patents, Trademarks, and Trade Secrets, 2018

CALI Award: IP Licensing Practicum, 2019

Winner of the  Anti-Defamation League Summer Associate Program’s Legal Memo Competition, 2018