Overview

Lindsay Kaplan focuses her practice on domestic and international trademark counseling, portfolio management, clearance, and enforcement matters. She helps clients assess the availability of trademarks for use and registration, develop and implement complex trademark registration and protection strategies, monitor and enforce trademark rights, manage trademark disputes throughout the world, and negotiate and draft trademark coexistence and settlement agreements.

Ms. Kaplan has particular experience in foreign trademark matters and regularly advises clients on international portfolio strategy and management. She frequently counsels clients in the entertainment industry with respect to film and television title clearance and protection strategies. In addition to the entertainment sector, Ms. Kaplan advises clients across diverse industries including fashion, technology, social media, hospitality, travel, food and restaurant services, and financial services. She is proficient in Spanish.

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Experience

Represents HBH Limited Partnership in all aspects of the company’s business including business and corporate strategy, trademark enforcement and protection.

Provide counsel to a multinational hospitality company related to international and domestic trademark portfolio management, enforcement, and license and license-recordal matters.

Provides international and domestic trademark portfolio management, enforcement, and counseling services to a global fashion company.

Manage and conduct domestic and global film and TV title clearance projects for entertainment studios and content creators.

Represents The HoneyBaked Ham Company, LLC, in all aspects of the company’s business including business and corporate strategy, trademark enforcement and protection, and portfolio management.

Provide specialized counsel to the American Cancer Society’s Cancer Action Network (ACS-CAN) by monitoring and reviewing agency actions and cases. Work with ACS to identify recent decisions potentially worthy of its official comment or support.

Provide international and domestic trademark portfolio management, and trademark counseling for a leading financial institution.

Represented Pearson Education Inc., the world's largest educational publisher, in obtaining an injunction to prevent the use of mymathlabhelp.com, as a site offering to use a student's user name and password to complete homework assignments on Pearson Education Inc.’s popular mymathlab.com website. In addition to claims under the Lanham Act, the complaint was also based on violations of the Computer Fraud and Abuse Act as well as state claims. The defendants agreed to stop providing this service and to transfer the domain name to our client.

Represents Xignux, a Mexican industrial consortium, in an array of trademark matters for it and its affiliate companies in the electrical, wire and cable, and food industries.

We provide extensive trademark counseling to a large non-profit humanitarian organization. We also manage the organization's domestic and international trademark portfolio, and represent the organization in domestic oppositions at the Trademark Trial and Appeal Board, as well as in international oppositions and enforcement matters in numerous countries.

Served as IP counsel in a case in the Delaware Chancery Court. Represented fashion design house, Tory Burch, LLC which brought claims against a former director alleging that its former director competed unfairly against the company by launching a knockoff version of the “Tory Burch” brand created with the company’s confidential information and in violation of his fiduciary duties and contractual obligations. Negotiated the settlement agreement which resolved the case.

J. Christopher Burch v. Tory Burch LLC, et al., No. 7921-CS (Del. Ch., Nov. 5, 2012).

Lead counsel for Two Men and A Truck. Successfully enforced right of first refusal to purchase trademark. Eliminated geographic concurrent restriction on company’s service mark registrations and created national trademark right.

Two Men and A Truck Int'l, Inc. v. David Underwood, et. al., No. 11-00598 (E.D. Va. filed June 1, 2011).

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Services
Industries
Education

William and Mary School of Law, J.D. (2009)

Emory University, B.A., Journalism and Spanish (2006) Phi Beta Kappa

Admissions

District of Columbia (2010)

Virginia (2009)

Court Admissions

Supreme Court of Virginia (2009)

Professional & Community Activities

American Cancer Society, DC Associate Board of Ambassadors, Member

International Trademark Association (INTA), Member

William & Mary Law Review, Former Articles Editor

American Bar Association, Intellectual Property Law Section, Member

Virginia Bar Association, Intellectual Property Law Section, Member

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