Charles Hooker focuses his practice on intellectual property litigation, including cases involving trademarks, unfair competition, copyrights, and Internet disputes. Representative clients in litigated matters include adidas AG and adidas America, Inc., American Eagle Outfitters, Inc., AT&T, Chrysler Group LLC, The Collegiate Licensing Company, and Georgia Pacific Consumer Products LP. Mr. Hooker was named a Georgia Super Lawyers Rising Star in 2012 for Intellectual Property Litigation, and he received the Kerry Harike Joedecke Atlanta Young Lawyer of the Year Award in 2010.
Mr. Hooker devotes a substantial amount of time to pro bono litigation matters, including work with the Southern Center for Human Rights and the Anti-Defamation League. He is also actively involved in the community and the Atlanta Bar. He serves on the Atlanta Bar Association's "Reputation and Public Trust Committee; he is a Board member of the Atlanta Council of Younger Lawyers; and a former Board member of the Intown Academy, a charter school in Atlanta's historic Old Fourth Ward neighborhood.
Prior to joining Kilpatrick Townsend, Mr. Hooker served as a law clerk to Judge Rhesa Hawkins Barksdale on the United States Court of Appeals for the Fifth Circuit. During law school, Mr. Hooker was the Editor-in-Chief of the Emory International Law Review and Executive Director of Student Legal Services.
Before law school, Mr. Hooker worked for Habitat for Humanity through a one-year Americorps grant, earned a master's degree in Religion from the University of Chicago, and conducted research at the Peter Drucker School of Management in Claremont, California, on issues of leadership and optimal performance in the areas of business, science, journalism, and athletics.
Professional & Community Activities
Atlanta Council of Young Lawyers, Chair of Associates Campaign for Legal Services, Board Member of Public Trust Committee
Georgia State Bar, Member of Committee on Indigent Defense and Intellectual Property Trademark Subcommittee
Clerkships
U.S. Court of Appeals for the Fifth Circuit - Judge Rhesa Hawkins Barksdale
Industries
Manufacturing; Food, Beverage & Agriculture; Non-profit & Trade Associations; Fashion & Luxury Goods
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).
Board of Supervisors of Louisiana State University et al. v. Smack Apparel Co., Represented four major universities and The Collegiate Licensing Company (CLC) in a trade dress infringement case. In an attempt to avoid the provisions of a prior settlement agreement, the defendant, a clothing provider, sold t-shirts and other merchandise bearing university colors that did not include any of the colleges' registered marks. The firm secured a ruling rejecting the theory that school colors were aesthetically functional and that the defendant's use was "fair." After prevailing on summary judgment on the issue of liability for trademark infringement and unfair competition, we conducted a two-day jury trial on monetary relief. The plaintiffs recovered damages in the form of a reasonable royalty and an accounting of defendants' profits. The defendants later appealed, and the Fifth Circuit unanimously affirmed.
Louisiana State University v. Smack Apparel Co., 438 F. Supp. 2d 653 (E.D. La. 2006), aff'd, 550 F.3d 465 (5th Cir. 2008).
Trademark litigation and portfolio management for a non-profit housing organization, Represent a non-profit housing organization's domestic and international trademark portfolio, including domestic and international oppositions and cancellations for the non-profit organization. We have also provided counsel regarding potential trademark litigation. Specifically, we secured a favorable settlement in a case that centered on a declaratory judgment action seeking to invalidate the non-profit's mark.
United Pet Group, Inc. v. Salix Corporation and Salix LLC, Represented United Pet Group, Inc., a leading global manufacturer of pet products, in trade dress litigation against a competitor. Case settled favorably after we filed for preliminary injunction. *Experience gained by attorney prior to joining Kilpatrick Townsend
Publications
12 August 2010, Briefs on Final Hearing and Oral Argument
Source: A Legal Strategist's Guide to Trademark Trial and Appeal Board Practice, Other Publications
01 January 2009, Internet Branding
Source: Kilpatrick Stockton Intellectual Property Desk Reference, Other Publications
15 August 2008, adidas v. Payless
Source: The Intellectual Property Strategist, Articles
01 January 2008, The Past as Prologue: Schneiderman v. United States and Contemporary Questions of Citizenship and Denationalization
Source: 19 Emory Int'l L. Rev. 405, 405-81, Articles
01 January 2002, Flow, Creativity, & Shared Leadership: Motivating and Structuring Knowledge Work
Source: Pearce, C. & Conger, J., Articles
News
21 February 2012, Kilpatrick Townsend Once Again Achieves Top Recognition in 2012 Georgia Super Lawyers, News Releases
10 November 2011, Kilpatrick Townsend Media Report -- November 4 - 10, 2011, News Releases
13 September 2010, Kilpatrick Stockton's Bill Bryner and Charles Hooker Co-Author New Chapter in Trademark Trial and Appeal Board Practice, News Releases
08 September 2010, Kilpatrick Stockton's Charles Hooker Elected to the Board of Directors Intown Academy, News Releases
02 June 2010, Kilpatrick Stockton's Charles Hooker Honored by the Atlanta Bar Association with Prestigious Award, News Releases
17 June 2009, Kilpatrick Stockton's Charles Hooker to Serve as Chair of Atlanta Council of Young Lawyers' Associates Campaign for Legal Services, News Releases