Jennifer Fairbairn Deal
Senior Associate

1100 Peachtree Street NE Suite 2800, Atlanta, GA USA 30309

Overview

Jenn Deal focuses her practice on intellectual property litigation, including cases involving trademarks and trade dress, unfair competition, false advertising, licensing agreements, and internet disputes. Representative clients in litigated matters include 1-800-FLOWERS, Inc., AT&T, Chicago Cubs Baseball Club, Cox Communications, Inc., Energizer, Engineered Arresting Systems Corporation, E.I. du Pont De Nemours and Company, FCA, LLC (formerly known as Chrysler Group LLC), Flowers Bakeries, Formula One, Georgia Pacific Consumer Products LP, Johnson Controls Battery Group, Inc., Major League Baseball Properties, Inc., Oldcastle Retail, Inc., The Collegiate Licensing Company, and Zoetis, Inc. Ms. Deal has significant experience representing clients in intellectual property disputes in federal district courts across the nation, as well as before the Trademark Trial and Appeal Board including experience in successfully obtaining and enforcing temporary and preliminary injunctive relief in trademark and anti-counterfeiting matters. Ms. Deal also advises clients on issues related to enforcement of their trademarks.

Ms. Deal devotes a considerable amount of time to pro bono litigation matters, namely working with the Atlanta Volunteer Lawyers Foundation’s Safe Families Initiative. Ms. Deal has successfully represented numerous victims of domestic violence in obtaining 12-month protective orders.

Prior to joining the firm, Ms. Deal spent two years clerking for the Honorable J. Owen Forrester, Senior Judge, United States District Court, Northern District of Georgia.

Ms. Deal was recognized in 2017 as a Georgia "Rising Star" for Intellectual Property Litigation by Super Lawyers magazine and was selected to be a member of the Georgia Association of Women Lawyer’s 2017 Leadership Academy.

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Experience

Represents Johnson Controls Battery Group, Inc., a leading battery manufacturer, in trade dress infringement litigation against Exide Technologies involving Johnson Control’s unique and well-known Optima® batteries.

Represented Chrysler in successfully obtaining a settlement agreement before trial in litigation involving resolution of Defendant’s improper use of Chrysler’s IMPORTED FROM DETROIT trademark.

Represented FN Herstal, S.A., a Belgian firearms and weapons manufacturer in a trademark infringement case against Clyde Armory involving our client's rights to the trademark SCAR for assault rifles and accessories. Following a bench trial, the court issued a lengthy order holding that FN Herstal has superior rights in its SCAR mark and that there was "ample evidence of bad faith" on Clyde Armory's part in adopting and using its infringing SCAR-Stock mark for assault rifle stocks. The court issued a permanent injunction against Clyde Armory, ordering it to, among other things, cease all use of SCAR or SCAR‐Stock and to deliver up for destruction its infringing products and any materials displaying SCAR or SCAR‐Stock. Clyde Armory has filed an appeal, and we are representing FN Herstal in the pending appeal before the U.S. Court of Appeals for the Eleventh Circuit. FN Herstal, S.A. v. Clyde Armory, Inc. et al No. 1:12-cv-01867 (N.D. Ga., filed May 31, 2012).

Represented various AT&T entities in negotiating a favorable settlement before trial in litigation involving purported breaches of a previous settlement agreement and allegations of trademark infringement.

Represents a leading footwear and apparel manufacturer in trademark litigation and enforcement work.

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Education

Emory University School of Law, J.D. (2009) First Honor Graduate, with high honors, Order of the Coif, Dean’s Award of Achievement in Criminal Law, Evidence, Entertainment Law, Legal Profession, Products Liability, and Trademark, Emory Law Journal – Thrower Symposium Editor

Valdosta State University, B.A., Criminal Justice (2006) summa cum laude

Admissions

Georgia (2009)

Court Admissions

U.S. District Court for the Northern District of Georgia (2011)

Georgia Superior Court (2009)

Professional & Community Activities

State Bar of Georgia, Intellectual Property Law Section, Member

Atlanta Volunteer Lawyers Foundation, Junior Board of Directors, Member

Georgia Association of Women Lawyers Board, Leadership Chair

Logan E. Bleckley Inn of Court, Barrister

Back on My Feet, Non-resident Member

Kilpatrick Townsend Volunteer Council, Member

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