Charlene Swartz focuses her practice on intellectual property litigation, concentrating in the areas of trademark and copyright. Her practice also includes prosecution of trademark applications before the United States Patent and Trademark Office, as well as representing clients in Trademark Trial and Appeal Board proceedings.
Ms. Swartz has experience in litigation of cases involving trademark, trade dress, copyright, misappropriation of trade secrets and cybersquatting issues.
Professional & Community Activities
American Bar Association, Intellectual Property Section, Member
The Michael O'Neal Singers, Member
Pocketbook Politics, Board of Directors
State Bar of Georgia, Intellectual Property Section, Member
Experience
Security deposits for tenants, Represents the action of tenants seeking the return of their security deposits from landlords who withheld them in violation of law. The work of these lawyers has recovered thousands of dollars for tenants, enabling them to move into other housing and move on with their lives.
adidas America Inc. and adidas-Salomon AG v. Payless Shoesource Inc., Represented adidas America Inc. and adidas-Salomon AG in trademark infringement litigation against Payless Shoesource involving the defendant's infringing use of the well-known and distinctive adidas Three-Stripe Mark. Following a 14-day trial and two days of deliberation, the jury found unanimously in adidas' favor on all seven claims, including trademark infringement, trade-dress infringement, unfair competition and unlawful and deceptive trade practices. The jury awarded $305 million in monetary relief, including $137 million in punitive damages. This verdict was the largest in history for a trademark infringement case. Following entry of final judgment in excess of $60 million, the parties later settled for an undisclosed amount.
adidas America Inc. v. Payless Shoesource Inc., No. CV01-1655 (D. Or. Nov. 11, 2008).
Trademark litigation for Pearson Education Inc., 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.
Health care organizations, Represents nonprofit organizations whose purpose is to advance the care of individuals with a particular disease.
*Experience gained by attorney prior to joining Kilpatrick Townsend
Publications
04 November 2010, FTC's Proposed Revised Green Guides Provide New Guidance on "Free-of" and "Non-toxic" Claims, Legal Alerts
10 June 2010, Section 18 Unavailable to Require Disclaimer Beyond Five-Year Anniversary
Source: World Trademark Review Daily, Articles
01 January 2009, Trademark Questions and Answers
Source: Intellectual Property Desk Reference, Other Publications