BakerHostetler

Firm overview:

The IP division of full-service firm BakerHostetler comprises 130 lawyers across 17 US offices coast to coast. The trademarks team provides comprehensive advice to clients spanning AI, construction, food and beverage, and media sectors with the strategic growth of brands while protecting their trademark assets. 

Non-contentious advice includes trademark portfolio and licensing, while trademark disputes include takedowns with online issues through to jury trials. The team manages an extensive network of foreign counsel to provide clients with international coverage.

Prevailing for Hermès International against Mason Rothschild in a first-of-its-kind, 'freedom of artistic expression' case applied to NFTs thrust BakerHostetler into the limelight last year. Rothschild’s appeal is currently before the US Court of Appeals for the Second Circuit, with oral arguments heard in October 2024.

Team overview:

Heather McDonald has deep knowledge of anticounterfeiting and other IP enforcement litigations, and has received numerous awards from clients and law enforcement agencies for her dedication to protecting IP rights.

Christina Moser leads the firm’s Trademark and Copyright team, with more than two decades of litigation experience for a multitude of clients from auto manufacturers to global consumer foods products companies.

Philadelphia partner and IP leader Kevin Bovard is “a trusted advisor that I know will provide the best and most practical advice”, says one client. Bovard serves as lead trademark counsel and manages the global portfolios of multiple Fortune 500 and 1000 companies as well as smaller entities.

Key matters:

• Hermes International v Rothschild
  BakerHostetler represents Hermès in its dispute with artist Mason Rothschild, who was found to have infringed Hermès’ trademarks by creating NFTs inspired by the fashion house’s Birkin bags. The case is currently on appeal, with Mark Delaquil part of the BakerHostetler team.
• Swarovski Optik North America v iBuy Group, No. 3:23-cv-01210, District of New Jersey
  The firm represents iBuy Group against Swarovski Optik North America in a trademark infringement and deceptive trade practices action involving grey market allegations over the sales of binoculars.
• Estate of Martin Luther King, Jr, v The Martin Luther King, Jr Center for Nonviolent Social Change
  BakerHostetler is trademark counsel to the Martin Luther King Jr Center for Nonviolent Social Change, a non-profit established by King’s widow. The firm secured a favourable judgment for the Center after the Estate of Martin Luther King Jr opposed applications filed by the Center for certain trademarks.

Clients:

Boxout, Culligan, HQ Acquisition Holdings and Crafts Group, iBuy Group, The JM Smucker Company, The Martin Luther King Jr Center for Nonviolent Social Change, Sony Interactive Entertainment, Zekelman Industries.