Kimberly B Herman

Ranked in United States: Massachusetts
WTR Research

The WTR 1000 focuses exclusively on trademark practice and has firmly established itself as the definitive 'go-to' resource for those seeking world-class legal trademark expertise

Gold - Individuals: prosecution and strategy

Described as an “incredibly supportive partner”, Sullivan & Worcester executes adroitly on filing and prosecution briefs while ensuring the successful completion of strategic branding initiatives. It has lately been busy upgrading its internal management system to improve efficiency and reduce costs; introducing new lines of communication and ways of collaboration; improving its HR function; and intensifying its focus on diversity and inclusion – all of which has enhanced the experience of clients and employees alike. Leader of the IP, technology and media and entertainment groups Kimberly Herman is a linchpin of the firm. Able to switch gears effortlessly in response to differing and evolving demands, she’s an agile operator who relishes a diverse workload. Clients include Women Deliver, a global women’s advocacy organisation, which she advises on trademark selection and prosecution matters; Atlas Venture, an early-stage venture capital firm in the life sciences, which she recently assisted with a logo refresh in the context of her broader portfolio management and enforcement role; and Guardian News & Media, whose trademark THE GUARDIAN she enforces, including in TTAB proceedings.

Kimberly B Herman's Profile

Kim B Herman  is a corporate attorney with a focus on contract negotiation and intellectual property. She leads Sullivan's Intellectual Property, Technology and Media & Entertainment Groups. Her practice spans the United States, Europe, Asia and the Middle East. Her practice is varied and extensive, and includes advising clients on numerous issues relating to licensing, copyright, trademarks, patents and trade secrets. She also has specialised expertise in business strategy and negotiating in-bound and out-bound transactions and drafting related agreements for a wide range of commercial deals and litigation settlements in the media and entertainment, software (including open source, software as a service and business software platforms) and life sciences industries.

As acting general counsel for a Series C-funded technology company in Boston, Ms Herman has also become well versed in juggling the multitude of legal issues that general counsel face on a daily basis. This experience has reinforced her ability to provide innovative and efficient solutions to her clients.

In particular, her practice focuses on structuring and negotiating complex commercial transactions dealing with media and entertainment (including representation of clients in the news, documentary, motion picture and cable network industries), First Amendment and privacy issues, gaming, sanctioned gambling and e-sports, software, music and art on behalf of leading media, entertainment, technology and consumer-products companies, as well as filmmakers, project financiers, artists, museums and art galleries. This representation extends to Ms Herman assisting her clients in exploiting their brands, content and programming into different markets and entertainment distribution platforms through a variety of licensing, merchandising, publishing, sponsorship, agency and endorsement deals.

Ms Herman conducts audits and provides strategic counseling to assist clients in identifying, protecting and exploiting key IP assets and represents clients in a wide variety of trademark and copyright enforcement and defence matters. In addition, she advises clients in responding to claims of infringement of adversely held trademarks and copyrights, prepares and responds to cease and desist letters regarding the same, and provides advice on litigation, litigation settlements and mediation.

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