Kilpatrick Townsend - US Trademark Rankings 2023
Firm Overview:
Peers acknowledge Kilpatrick Townsend’s trademark practice is arguably the most balanced top tier firm across non-contentious and contentious capability. “It’s been a pioneer as a top general service, general practice firm,” says one. KT offers a “combination of competence, economics and personal comfort” not found elsewhere, suggests a satisfied licensing client.
Spanning 19 nationwide offices, with centres in Stockholm, Shanghai and Tokyo, the firm serves clients in intellectual property, litigation and corporate matters throughout the US, Europe and Asia. KT’s trademark practice is an undoubted leader in portfolio management, with an impressive near 110,000 trademark registrations and processing more than 17,100 trademark applications in 188 countries for over 1,500 clients.
On the contentious side the group has handled more than 315 trademark and copyright cases in the US District Court in the last five years and is currently managing more than 13,600 active international trademark disputes in approximately 152 countries.
Team Overview:
The 41-partner trademark group has some “absolutely top drawer” partners serving high value corporate brands such as Facebook, Amazon, and Netflix. One client describes the “fantastic” team of lawyers as being “incredibly well versed in trademarks and are thoughtful strategists, who provide concise advice, are responsive and friendly”. The Atlanta trademark team handles matters for prominent sporting brands, notably CAPS, the coalition of the NFL, NBA, and MLB.
San Francisco is home to “real leader” Anthony Malutta, co-leader of the Trademark & Copyright team, who is depended on by Meta and Instagram in their ongoing opposition proceedings before the Trademark Trial and Appeal Board.
In Atlanta, litigator and Trademark & Copyright team co-lead William Brewster’s credentials include representing Adidas and its three-stripe trademark in an infringement case. After a 14-day trial, the jury unanimously held in Adidas’ favour and awarded the highest amount of damages in history for a trademark infringement case. “Very well respected” Theodore Davis is a litigator and frequent author on amicus briefs to the Supreme Court. Davis “has encyclopaedic knowledge of trademark law” and is described as “the closest to a university professor still practicing law”.
Other KT “sharp lawyers” include “mentor” Jen Arkowitz, whose talent lies in portfolio management for the firm’s largest brands, and all-rounder and “absolute superstar” Daniel Englander. Rob Potter in New York has obtained favourable judgments for recognisable names Sony Pictures and actor Adam Sandler.
Key Matter:
- A Bill Brewster-led team took over a TTAB cancellation for Primerica, a USA and Canada middle-income families financial services company. A competitor registered the mark ‘How Money Works’ and Primerica sought a cancellation based on its prior use of the phrase, despite not having a registration. KT was required to establish priority and likelihood of confusion, succeeding in proving both, resulting in the TTAB cancelling the challenged registration.
- KT defended North Carolina multinational clothing company HanesBrands in a lawsuit when a relationship with sneakers and classic shoes maker Keds broke down. Hanesbrands had licensed the ‘Champion’ trademark from Keds for use on footwear. Keds terminated the licence and sued HanesBrands for trademark-related claims. Led by Laura Miller, KT successfully negotiated a resolution involving the purchase of the ‘Champion’ mark for footwear and a covenant not to sue. KT continues to assist HanesBrand to grow its ‘Champion’ brand.
Clients:
Adidas, Cable News Network, Cree, Dwyer Group, Elsa Peretti, Energizer, Ford Motor Company, Formula 1, Galperti, HanesBrands, Impossible Foods, Krispy Kreme, Labcorp, Live Nation Entertainment, NFL, NBA, NHL, MLB, CLC, Polaroid, Primerica, Reynolds American, Rodan & Fields, Sesame Workshop.
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