"Expert on trademarks and copyright issues for high growth tech companies. She is extremely responsive and relentless in looking out for the interests of her clients."
Chambers USA 2024
"A phenomenal negotiator with very deep knowledge and expertise in the trademarks area."
Chambers USA 2024
"An incredibly effective litigator. She knows when to negotiate and when to stand firm — and has demonstrated an ability to be very creative when it comes to structuring a settlement deal."
The Legal 500 US 2024
"She is a phenomenal strategist and has deep expertise."
Chambers USA 2023
"She is a very strong advocate and attorney in the trade secrets space."
Chambers USA 2023
"Incredibly talented, creative, and effective litigator and advocate."
The Legal 500 US 2023
"Jennifer is very capable and very thorough."
Chambers USA 2023
"Offers substantial experience litigating high-stakes trademark and trade secrets disputes."
Chambers USA 2022
"A significant figure in the market and an expert in domain name matters."
The Legal 500 US 2022
Profile
Jennifer Barry,
former Global Chair of Latham & Watkins’ Intellectual Property Litigation Practice, represents clients in all aspects of general commercial litigation with a particular focus on intellectual property, including:
Trademark and trade dress infringement litigation, counseling, prosecution, and worldwide trademark portfolio management
Trademark licensing counseling and litigation
False advertising and unfair competition counseling and litigation
Copyright counseling and litigation
Trade secrets counseling and litigation
Defamation and right of publicity counseling and litigation
Jennifer offers clients extensive experience in both procedural and substantive law, as she has successfully litigated before numerous federal and state courts as well as the Patent and Trademark Office’s Trademark Trial and Appeal Board.
Jennifer regularly tackles internet law matters and has successfully handled domain name portfolio management and recovery of domain names before the World Intellectual Property Organization, the National Arbitration Forum, and the ADR.EU Center of the Czech Arbitration Court.
She has also worked extensively on social networking and website/e-commerce issues and has been invited to speak on several panels in this area.
Jennifer’s renowned recognition includes:
Chambers USA 2022-2023 Ranked Attorney for Trademark, Copyright & Trade Secrets
The Legal 500 US 2012-2023 Recommended Attorney for Trade Secrets and Trademarks: Litigation
Profiles in Diversity Journal 2020 Women Worth Watching Award
San Diego Daily Transcript 2020 Influential Women of San Diego
WTR 1000 2020 Top Trademark Professional in California
Daily Journal 2018 Top Cyber/Artificial Intelligence Lawyer in California
The Recorder 2016 Women Leaders in Tech Law
Euromoney’s Expert Guide 2016 Expert Work in Trademarks
Jennifer actively participates in the International Trademark Association (INTA) and has served on the Internet Committee/Online Trademark Use Subcommittee, including the Keywords and Web 2.0 Working Groups.
Experience
Jennifer’s representative client matters include:
Serving in a leading role for craigslist in a suit against website scrapers alleging violations of the Computer Fraud and Abuse Act, trespass, trademark infringement, copyright infringement, violations of the CAN-SPAM Act, and unfair competition. In its annual Top Verdicts of 2015 feature, the Daily Journal selected this case as a Top Plaintiffs’ Verdicts by Impact in California.
Serving in a leading role for America Chung Nam, Inc., the largest exporter of recycled paper in the US, as plaintiff in a three-week trade secret jury trial in Los Angeles, resulting in a judgment of US$18.1 million, including US$5 million in punitive damages. In its annual Top Verdicts of 2013 feature, the Daily Journal selected this case as aTop Plaintiffs' Verdicts by Impact in California.
Successfully represented LogMeIn, Inc. in a trademark infringement matter in Indiana
Safeway Inc. and its subsidiary Dominick’s Finer Foods in post-trial motions and the appeal of a jury verdict in a publicity dispute with Michael Jordan
Behr in a trademark infringement lawsuit in federal court in California
City of Hope in a trademark infringement lawsuit in federal court in Kentucky
Symantec Corporation in a counterfeiting and trademark infringement case in federal court in California
Successfully representing the Ansel Adams Trust, in a trademark, copyright, and false advertising case in California
Successfully representing Paul Frank in a multi-country trademark infringement and counterfeiting lawsuit
Successfully defending Skullcandy in a trade secret lawsuit in Utah, as well as representing the company in several trademark cases
Prevailing on summary judgment on trademark and trade dress infringement claims in New York for Bare Escentuals
Successfully handling a multi-country trademark infringement lawsuit and related Trademark Office proceedings for Jurlique
First-chaired a seven-day state court jury trial involving professional negligence and successfully argued the appeal in front of the California Court of Appeal
Second-chaired a federal bench trial in July 2004 involving Title VII racial discrimination
Extensive experience in TTAB and domain name arbitration proceedings
Jennifer frequently writes, presents, and comments on IP-related topics. Her recent presentations include:
“Trademarks, Competitive Advertising, and AdWords – An Added Value, Liability, or Unnecessary Complexity?” Association of Corporate Counsel, 2017
“Fair Use and Infringement: Pinterest and Other Social Media,” Strafford Publications, 2016, 2014 & 2013
“Don’t Defame Me Bro! Combating Anonymous Online Defamation Via Legal Action in California,” Association of Corporate Counsel, 2015
“Data Security Risks and Ethical and Fiduciary Obligations: Hot Topics and Latest Developments,” Latham & Watkins Seminar, 2015
“You Lie! False Advertising Trends and Recent Supreme Court Cases,” Association of Corporate Counsel – San Diego, 2014
“Pin This: Copyright and Other IP Issues with Pinterest and Similar Social Media,” Association of Corporate Counsel – San Diego, 2013
“Introduction to Domain Names and Cybersquatting,” Association of Corporate Counsel – San Diego, 2012
“Trademark Tips for Adopting and Using New Brands (a.k.a. How to Keep the Peace With Your Marketing Department),” WBT Innovation Marketplace, 2012 and Association of Corporate Counsel – San Diego, 2012
“Watch What You Tweet: Perils of Using Social Networking Sites,” Association of Corporate Counsel – San Diego, 2009
Mentioned in the April 02, 2015 Law360 article “Craigslist Submits $2.1M Judgment Deal In Site Scraping Suit”
Quoted in the August 15, 2014 San Diego Business Journal article “You Can’t Take it With You”
Quoted in the October 14, 2013 Daily Journal article “Godfather Director Sues a Coppola Wine Seller”
Quoted in the July 9, 2013 Daily Journal article “Alcohol Industry’s Use of Social Media”
Quoted in the April 30, 2013 San Diego Daily Transcript article “Social Media Use Can Lead to Ethical Dilemmas”
Quoted in the February 2010 Daily Journal article “Social Media Creates New Challenges”
Jennifer Barry was honored among California’s leading IP lawyers for her recent victories, including for successfully opposing confusingly similar trademark registrations on behalf of e-commerce platform Goat Group.
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