Kilpatrick Townsend & Stockton LLP | Practical Law

Kilpatrick Townsend & Stockton LLP | Practical Law

Kilpatrick Townsend & Stockton LLP

Kilpatrick Townsend & Stockton LLP

Practical Law Panel Firm: Intellectual Property & Technology
Practical Law State Contributor: Intellectual Property & Technology
Contact Information
1100 Peachtree Street
Suite 2800
Atlanta, GA 30309-4528
T: +1 (404) 815-6500
F: +1 (404) 815-6555
Kilpatrick Townsend is one of the few general practice firms with a core commitment to intellectual property law. With 80 lawyers specializing in trademark, copyright, and advertising law, our firm offers clients experience and talent that exceeds even the best known Intellectual Property boutiques.
We are frequently recognized as a top trademark and copyright firm, and many of our attorneys have been hailed as leaders in the field. Highlights of our practice include:
  • Our Intellectual Property practice was ranked first in the nation for the number of attorneys named in The Best Lawyers in America® 2011.
  • Our practice was named the top Trademark Firm and top Intellectual Property department in North America by World Leaders IP Awards 2009.
  • Our practice has been recognized by the prestigious Legal 500 US (2009).
  • Six Kilpatrick Townsend partners – Miles Alexander, Virginia Taylor, Jerre Swann, Chris Woods, Lisa Pearson, and Ted Davis – are recognized as Distinguished Neutrals by INTA, the largest number of any firm in the world.
  • Our team not only knows trademark law, we helped draft it. Kilpatrick Townsend lawyers served on the blue ribbon panels charged with drafting the Trademark Revision Act of 1988, the Federal Trademark Dilution Act of 1996, the recently enacted Federal Dilution Revision Act, and the Restatement (Third) of Unfair Competition.
Kilpatrick Townsend's trademark and copyright team offers comprehensive intellectual property advice, counseling, registration, transactional work, and litigation. We encourage each of our practitioners to develop not only a general knowledge of the field, but also to focus on a particular industry or substantive niche. We offer comprehensive domestic and international services that include a number of specialty areas:
  • Trademark selection, clearance, and prosecution
  • International and domestic portfolio management and counseling
  • Trademark licensing
  • Advertising and promotion law
  • Trademark and trade dress litigation
  • Ex parte and inter partes litigation in the United States Patent and Trademark Office and before other registries around the world
  • Internet and social media counseling and litigation
  • Anti-counterfeiting and gray market strategies
Strategy, Management and Counseling
Brand-owners, marketing professionals, and consumers have long understood that a trademark is the public face of a brand.
At Kilpatrick Townsend, we understand this, and as a result, we don't view "trademark prosecution" as an isolated commodity we offer, but just one aspect of brand strategy. We represent many of the world's leading brands, and our attorneys counsel companies regarding the protection of all forms of trademarks, from conventional verbal brands to non-conventional articles like colors, product configurations, packaging, and sounds.
We believe that successful brand strategy and worldwide trademark enforcement programs begin well before particular marks are adopted. With careful consideration, insight, and experience, we advise clients on the availability of particular marks for worldwide adoption and registration, and craft tailor-made protection strategies best suited to our clients' needs across a wide variety of industries.
We add value by working collaboratively with our clients to select, secure, protect, and enforce our clients' trademarks, seeking to minimize their litigation risks in furtherance of their specific business objectives and branding strategies. When conflict cannot be avoided, we bring our comprehensive experience and understanding of international trademark law, systems, and practice to bear in assisting clients to develop creative and effective international enforcement and litigation strategies.
International Stategy
International trademark practice has grown increasingly complex in recent years with the U.S. and EU accession to the Madrid Protocol, the continuing expansion of the EU, ever evolving communication technologies, and the rampant growth of piracy and counterfeiting problems in East Asia and eastern Europe.
The firm has an extensive international trademark clearance and registration practice and provides portfolio management and counseling to hundreds of trademark owners with tens of thousands of international registrations. We secure and monitor a high volume of registrations outside of the U.S. for clients based not only in the U.S., but also in Canada, Mexico, Europe, Australia, Brazil, Argentina, China, Korea, Russia, Japan, Taiwan, Singapore, Thailand, and many other countries. We are experienced in coordinating multinational legal advice and assisting clients in formulating consistent policies and strategies on key issues, including international filing programs using the Madrid Protocol and Paris Convention.
We have in place the infrastructure to support our international practice, including attorneys who are fluent in numerous languages, including Mandarin, Taiwanese, French, German, Italian, Japanese, Russian, and Spanish. In addition to our network of international associates, the firm has both a European and U.A.E. presence, which allows us to file and prosecute European Community applications outside of the U.S. without the expense of retaining local counsel. The firm also is active in the following organizations: MARQUES, the leading trademark owners' organization in Europe; the association of European Trademark Owners; Pharmaceutical Trade Marks Group (PTMG), the worldwide pharmaceutical trademark owners' group; Licensing Executive Society (LES) in the U.S., Britain and Ireland; Asian Patent Attorneys Association; the International Bar Association; the International Trademark Association (INTA); and Inter-Pacific Bar Association.
Trademark and Trade Dress Litigation
For brand owners who want to protect their marks and control their brands in the marketplace, litigation is often the last resort. Litigation strategy begins well before cases are filed. Alternatives need to be considered and resolutions sought. However, to maintain a strong brand, sometimes sound strategy for a brand owner means taking the fight into the courtroom.
When it comes to trial work, it's tough to find a law firm that has as much experience and success in the courtroom as our attorneys. Our track record of excellence consistently has us named as one of the top trademark litigation firms by leading legal and industry publications.
We have secured favorable outcomes for intellectual property clients in reported opinions from the U.S. Supreme Court, federal appellate panels and trial courts in numerous federal circuits, and numerous state appellate courts across the country.
We've taken a cutting edge approach to proving brand infringement, including non-traditional marks based on logo design, name, signature, word, letter, number, shape, packaging, and color.
Anti-Counterfeiting & Gray Market
Fueled by worldwide consumer demand, counterfeiting is a multibillion dollar problem for brand owners. Enforcement can be difficult and requires a well planned strategy. The ways counterfeiters operate changes frequently, and the problems of brand owners are moving off the streets and onto the Internet. At Kilpatrick Townsend, we select the right strategy to tackle particular counterfeiting problems, and we have considerable experience in combating online sales of counterfeits.
We have extensive experience in designing and implementing cost-effective anti-counterfeiting programs, including recording Intellectual Property rights with customs authorities, training personnel and enforcement authorities to recognize counterfeits, building anti-counterfeiting databases, developing forms to preserve evidence, and establishing an enforcement network.
We have an excellent network of investigators and law enforcement contacts to assist our clients in their anti-counterfeiting efforts. We are also active in many brand owners groups, through which our clients can take joint actions against counterfeiters, thereby reducing their costs.