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Kathyleen is a partner in the Intellectual Property Group. She is a litigator who specializes in trademark, copyright, trade secret, unfair competition, false advertising and unfair trade practices matters.  Kathyleen has extensive experience with e commerce issues, which range broadly from rights enforcement to domain name disputes to the promotion and sale of goods and services on the Internet.  Kathyleen also prosecutes trademarks and copyrights and assists clients in setting up branding and compliance programs and in training employees in these areas.

Kathyleen has substantial trial, arbitration and mediation experience.  She has handled jury trials, court trials, arbitrations and administrative proceedings including proceedings before the Federal Trade Commission, the Trademark Trial and Appeal Board, and the National Advertising Division of the Council of Better Business Bureaus, Inc. and proceedings under ICANN’s Uniform Domain Name Dispute Resolution Policy.  She is also an expert in alternative disputes resolution having successfully resolved dozens of cases through arbitration or mediation.

Kathyleen has lectured and written widely on recent developments in intellectual property and advertising law.  She has served as a lecturer at the International Trademark Association’s “Seminar for Advanced Practitioners on Dilution and Famous Trademarks” and at the American Conference Institute’s conference on “Advertising Law in the Electronic Age.”  Her articles on topics  ranging from enforcing trademark rights to avoiding the pitfalls of green marketing have appeared in various publications including the Los Angeles Business Journal, Industry Week, and Apparel Industry Magazine.

Kathyleen is an active member of the American Bar Association (Litigation Section), the International Trademark Association (North American Anticounterfeiting Committee 2008-present; Roundtables Committee 2007-present; Meetings Committee 1999-2001; Alternative Dispute Resolution Committee 1998-1999; Forums Committee 1992-1994 and 1996-1997); the State Bar of California (Intellectual Property Section) and the Los Angeles County Bar Association (Intellectual Property and Entertainment Law Sections).  Kathyleen is a member of the bar in California, Massachusetts and New York..

Representative Matters

Kathyleen’s representative litigation matters include the following:

• Represented world’s largest winery in a federal trademark infringement and dilution action against an Italian supplier of table wines, resulting in a favorable settlement for the client, cancellation of trademark registrations, and two separate sanction awards, including the entry of evidentiary preclusion sanctions, against the defendant and its counsel.
• Represented world’s largest winery in federal trademark infringement, trade dress infringement, false advertising, and unfair competition action against competing brandy producer for advertising and sale of "look?alike" product, resulting in a substantial monetary payment and stipulated permanent injunction for the client.
• Represented major battery manufacturer in federal trademark infringement, false advertising and unfair competition action against suppliers of Ab Energizer exercise belt, resulting in substantial monetary payment, stipulated judgment, cancellation of trademark registrations, and stipulated permanent injunction for the client.
• Represented the publisher of "Golf Magazine" in federal trademark infringement, false advertising, and unfair competition action against competing publication, resulting in changes to competitor’s mark and logo.
• Successfully defended major retailers and suppliers in various trademark and copyright infringement lawsuits involving consumer products ranging from Hawaiian shirts to fashion accessories.
• Successfully defended major toy and entertainment companies in disputes over trademark and merchandising rights involving popular animated and cartoon characters.
• Represented a major battery manufacturer in federal trademark and trade dress infringement, false advertising and unfair competition action against competing supplier based on use of “Ever” trademark and similar trade dress resulting in substantial monetary payment and cancellation of competing trademark.
• Represented a major supplier of sunglasses in federal trademark infringement, false advertising and unfair competition action against former distributor for advertising and sale of counterfeit product resulting in substantial monetary payment, stipulated judgment and stipulated permanent injunction for client.
• Successfully defended international fast food chain in dispute involving right of publicity claims brought by popular country singer based on alleged use of singer’s photograph as the “inspiration” for drawing used in media campaign and packaging.
• Successfully defended major studio in consumer class action alleging false advertising in connection with closed caption statements on DVD packaging.
• Successfully defended major entertainment company and its home entertainment distributor in class action alleging false advertising based on defendants’ labeling of DVDs intended for retail sale as “for sale only” to deter unauthorized distribution in rental market.

Experience

Legal Education

Professional Admissions / Qualifications

• California
• Massachusetts
• New York

Representative Industries

Kathyleen represents clients in a wide range of industries, including batteries, clothing and accessories, communications, computer software and hardware, cosmetics and hair care products, DVDs, electronic games, entertainment, golf clubs, health care, insurance, Internet, mobile phones, packing and shipping and mail services, razors, retail sales and distribution, telecommunications, toys and games, traditional and online media, and travel services.