Kilpatrick Townsend & Stockton LLP

Silver - Firms: prosecution and strategy

Silver - Firms: enforcement and litigation

With a coast-to-coast presence and one of the country’s deepest dedicated trademark benches, the juggernaut that is Kilpatrick Townsend’s trademark practice is co-led out of its DC office by litigator David Mayberry. Mayberry, who keeps one foot in New York, has an ongoing matter for the iconic Honey Baked Ham Company in a battle with a licensee in California. Service users recognise Mayberry as an “intelligent, innovative and creative litigator and strategist who is instrumental in defence as well as in advising on product offerings to minimise risk”. For prosecution and brand management, Lindsay Kaplan helps companies to get the most from their IP assets. One patron remarks that: “Lindsay is responsive, business-oriented and practical with respect to the prioritisation and strategy for our trademark filings.” She and Mayberry team up on anti-counterfeiting and enforcement work for a globally renowned fashion house. Kaplan also serves on the team that handles Goodwill’s global portfolio.

Gold - Firms

Kilpatrick Townsend & Stockton employs one of the deepest dedicated trademark benches in the whole of the United States, and the firm’s Georgia headquarters is home to some of its strongest practitioners. As one client puts it: “when we rely on Kilpatrick Townsend’s advice, we have always been extraordinarily successful. It would be hard to overstate their expertise and customer focus.” One high-profile matter for which Kilpatrick’s Georgia team works is the preparation of a defence for the Ford Motor Company against allegations of infringement launched by Cruise LLC, a start-up owned by General Motors. William Brewster, one of the outfit’s top fighters, leads this battle. Brewster is joined on the contentious side of the bench by Charles Henn, Charles Hooker and Judith Powell. Henn swings alongside Brewster on behalf of Delta Airlines and Polaroid in their own top-line battles. Some of his other key fights are for adidas America and Netflix. Hooker and Powell have been retained in a fight on behalf of Fiat Chrysler Automobiles (formerly Chrysler Group LLC) in a battle for the Jeep name, as well as in a fight with Bluetooth. Other top-shelf litigators include James Trigg, Christopher Bussert and Ted Davis. On Trigg, clients rhapsodise: “James is a highly capable, thoughtful, and business-oriented trademark attorney. He is able to get deep into the weeds of trademark law as and when necessary, but also provides good, measured guidance to our business that enables us to do business with a high degree of comfort. James has incredible contacts around the world and is knowledgeable about trademark applications and registration requirements almost everywhere on earth. Finally, he and his team are highly responsive to all communications. To sum up: James is responsive, knowledgeable, helpful, friendly, business minded, thoughtful and professional.” Praise for Bussert is on nearly equal terms: “Christopher has represented us for almost 20 years in the US and around the world. His efforts on our behalf have met with almost unqualified success. We recommend Kilpatrick Townsend and Mr Bussert enthusiastically.” The globally renowned Davis is singled out as “the single most knowledgeable practitioner in the US. He has an encyclopaedic knowledge of domestic trademark law and procedure, and brings a pragmatic and efficient approach to all work with consistently great results. There are not enough great things to be said about Ted and the firm.” The prosecution side of the practice, for which most of the above also help out, is almost equally deep. For tech patrons, Ty Lord helps out on strategy for two of the world’s best-known internet-age brands. For global insight and sophisticated strategy Alicia Grahn Jones and Olivia Maria Baratta are both strong choices. “Christine James specialises in trademark portfolios and she addresses issues around the world with practical and expert guidance. Her deep understanding of international filings and creative solutions have been instrumental in achieving success. Her insight saves clients millions of dollars. She is very prompt and responsive at all times, but especially in emergencies. She has an excellent crisis management style that instils confidence and superior legal advice.”

Gold - Firms: prosecution and strategy

Gold - Firms: enforcement and litigation

Kilpatrick Townsend & Stockton presides over a world-class trademark practice and has a huge roster of top-flight experts who make protecting patrons’ most valuable brands their number one priority. Details of the group’s recent work are confidential, but include representing many household name technology, social media, entertainment and other companies. Praise abounds for its leading practitioners on the West Coast, including licensing and transactions ace Gwen Peterson, who serves as trademark and copyright group co-leader, and global strategist Jennifer Arkowitz, a leading specialist when it comes to creating and managing title clearance and protection programmes for entertainment content. Of Peterson, one client notes, “She is integral to the protection and defence of our brand globally and represents us with grace and alacrity. We recently significantly expanded our trademark portfolio through an acquisition and Gwen was a lifesaver in organising that expansion for us. We trust her implicitly to protect our business.” Meanwhile, “Jennifer does an amazing job training her associates so her clients consistently receive succinct and detailed analysis of key issues along with risk assessments. Jennifer is always available to discuss matters and goes above and beyond, for example by giving presentations on new legal developments of relevance to her clients.” Linking up for a marquee name, Larry McFarland, Dennis Wilson and Anthony Malutta also come in for vocal praise: “They do a brilliant job of leading teams responsible for handling clearance, prosecution and enforcement of key brands, and excel at analysing, reporting and providing practical advice on expedited timelines. Managing myriad complex issues, they are sensitive to the needs and risk tolerance of their clients and are committed to providing an exceptional service.” Another integral member of the team is Joseph Petersen, who was appointed Silicon Valley managing partner in April 2022. He has a prestigious patron in the music streaming service, for which he recently won an important Trademark Trial and Appeal Board (TTAB) proceeding. 

Gold - Firms

Recommended - Firms

Under the stewardship of Christopher Woods, leading US player Kilpatrick Townsend & Stockton is establishing itself as the driving force of big-ticket Sino-US IP litigations. Working closely with its US colleagues, the relatively young Beijing contingent is a vital ally for US patrons seeking to navigate the Chinese IP system. Wood has longstanding relationships with some of the most recognisable fast-moving consumer goods entities in the world and solidly protects their IP rights in China. Shuang Yu is another name to note. She has comprehensive trademark prosecution experience across the Greater China region and has multiple favourable judgements to her name.

Gold - Firms

With one of the deepest, dedicated trademark practices in the country, the team at Kilpatrick Townsend is a routine port of call for the world’s most famous and well-recognised brands. The team on the ground in North Carolina does not disappoint either, and clients can expect top-notch service and serious sophistication from Laura Miller and William Bryner. Bryner helps patrons make the most of their IP assets, handling global and domestic portfolios for patrons including Cree, the Dwyer Group, Labcorp and Reynolds American. For the latter, he also supports contentious actions, particularly concerning infringement actions over the company’s marks, and confusing similar marks, associated with the promotion of e-cigarettes. Miller, meanwhile, has been assisting with infringement and anti-counterfeiting work for Coty and its famous fragrance licensors, including Calvin Klein, Hugo Boss and Marc Jacobs. Clients declare: “Laura is indispensable for our trademark management. She provides prompt and cost-effective guidance on registrations, take-downs and oppositions. She is a general support every day.”

Recommended - Firms

Silver - Firms: prosecution and strategy

Silver - Firms: enforcement and litigation

With dozens of offices and hundreds of dedicated trademark attorneys, Kilpatrick Townsend has one of the deepest trademark benches in the country, and its office in New York is no exception. The firm’s strength lies in its unwavering ability to see difficult problems through to resolution. As one source puts it: “I would recommend Kilpatrick Townsend to anyone with unconventional business issues that needs unique, creative and thoughtful solutions. They do not shy away from complicated, murky or weird situations, and constantly ensure practical protection.” Lisa Pearson is one partner clients turn to in just such situations. “Working with Lisa has been a game-changer for us. In situations where it once looked like there was no remedy in sight, Lisa took control and brought us to an amicable settlement. She is a key figure in our brand protection strategy and provides advice on litigation and all cutting-edge cases.” Another client adds: “Lisa is unquestionably one of the leading trademark litigators in the US. Her many precedent-setting wins are a remarkable achievement. Those wins do not just happen because of the fact pattern. Rather, Lisa thinks through every aspect of the case to discern a winning strategy and then builds up the ammunition to support that strategy through comprehensive legal research, surveys, key angles in discovery, and persuasive arguments and advocacy. There is no one that I trust more with a trademark dispute when litigation is a realistic outcome. She and her team are equally adept at counselling on clearance-related issues.” New York and Beijing founding partner Christopher Woods provides the same quality of work for patrons in Asia, recently securing a major win for Tommy Bahama in China. For licensing matters, clients look to Marc Lieberstein and invariably come away happy. “I’ve always been impressed with Marc’s knowledge, ability to get to the heart of the issues and his responsiveness. He’s also a terrific person. I’ve been in licensing for about 30 years and have been represented by or pitted against hundreds of attorneys. Marc is at the top of my list in all measures.” Another attorney who has attracted a sterling reputation among clients is prosecution wizard Jason Vogel. “Jason is unbelievably responsive and always knowledgeable about new and emerging legal issues, which is paramount to us. I always know that I am in good hands when working with Jason.” For tricky issues on the intersection of intellectual property and technology, the attorney to know is Phillip Rosenberg, who has provided counsel to some of the world’s most famous technology companies. Recently, Rosenberg and Lieberstein have proffered prosecution counsel to restaurants and consumer foods brand Momofuku. Equally deft in prosecution and litigation, Georges Nahitchevansky has been called upon by clients big and small for trademark assistance, including recent work for Stetson alongside Lieberstein and Vogel. “With his wealth of experience in anti-counterfeiting and other trademark issues, Rob Potter and the Kilpatrick team are one of the only firms we trust for our IP enforcement matters. Rob takes the time to get to know our products, business and the issues we face, which are constantly evolving. He is very savvy and has a great sense of what our expectations are for different types of targets. He is a creative problem solver and a great negotiator. While he aggressively pursues our rights, he is cordial and does not engage in unnecessary bluster or grandstanding. We highly value Rob as our trusted counsel.” Newly hired partner Jennifer Waitman does international portfolio management for one of the United States’s biggest automobile manufacturers. Her patrons are enthusiastic: “Jennifer does it all – from clearance and registration to robust enforcement. She is an excellent attorney with a thorough grasp of the legal subject matter. She always responds in a prompt and timely manner and is kind and courteous. I cannot recommend Jennifer and Kilpatrick Townsend highly enough.”