Christopher P. Bussert

Christopher P. Bussert

Chris Bussert has more than 25 years of experience in helping clients protect and defend their most important assets and brands. Mr. Bussert represents clients in trademark, copyright, unfair competition, and franchise litigation, including proceedings before the Trademark Trial and Appeal Board, and in licensing and trademark clearance and prosecution matters.

Selected Experience

· Defended a national publishing company in a trademark infringement action. Obtained summary judgment that the plaintiff's mark was generic. New Homefinders, Inc. v. Network Communications, Inc., Civil Action No. 3:06-CV-0442-N (February 26, 2008 N.D. Tex.).

· Represented a national glass installation and repair franchisor in trademark expansion litigation against a local company operating under a confusingly similar mark for 17 years that owned a federal registration. Successfully enjoined the local company's use of the confusingly similar mark, and obtained orders canceling the local company's federal registration and awarding a portion of the local company's profits. Synergistic International, LLC v. Korman, 402 F. Supp. 2d 651 (E.D. Va. 2005), aff'd, 470 F.3d 162 (4th Cir. 2006) and Synergistic International, LLC v. Korman, 2007 WL 517676 (E.D. Va. Feb. 8, 2007). Also obtained a preliminary injunction for this franchisor in a similar matter. Synergistic International, LLC v. Windshield Doctor, Inc., 66 U.S.P.Q. 2d 1936 (C.D. Cal. 2003).

· Obtained a preliminary injunction on behalf of a national electrical services franchisor in litigation against a third party operating under a confusingly similar name. Mr. Electric Corp. v. Mister Electrician, Inc. and Sonya Sardey, in the United States District Court for the Northern District of Georgia, Civil Action No. 1:99-CV-2270-CC.

· Obtained a preliminary injunction on behalf of a national automobile painting franchisor against a former franchisee enforcing the franchise agreement's post-termination noncompete provisions. Total Car Franchising Corp. v. L & S Paint Works, Inc., 981 F. Supp. 1079 (M.D. Tenn. 1997).

· Represented a national steakhouse franchisor against a third party operating under a confusingly similar mark. Obtained a permanent injunction and an award of the infringer's profits on behalf of the franchisor. Contemporary Restaurant Concepts, Ltd. v. Las Tapas-Jacksonville, Inc., 19 U.S.P.Q.2d 1411 (M.D. Fla. 1991).

· Successfully defended a national haircutting franchisor against former franchisees' fraud and breach of contract claims in arbitration. Fantastic Sam's Int'l Inc. v. Forrest and Lottie Spain, AAA No. 30 114 0153 88 (1988).

· Defended a manufacturer of negative air machines in an action brought by a competitor based on misappropriation of trade secrets and fraud and misrepresentation. Obtained summary judgment on all claims asserted by the competitor. Aerospace America, Inc. v. Abatement Technologies, Inc., 738 F. Supp 1061 (E.D. Mich. 1990).

· Represented the National Football League in 2000 and 1994 in connection with obtaining multi-county preliminary injunction and seizure orders in connection with anticipated counterfeiting activities at Super Bowl XXXIV and XXVIII.

· Successfully obtained a multi-county preliminary injunction and seizure order on behalf of a national motorcycle manufacturer in connection with anticipated counterfeiting activities at its 100th Anniversary Open Road Tour. Harley-Davidson Motor Company Group, Inc. and H-D Michigan, Inc. v. John Does 1-100, Jane Does 1-100, and XYZ Companies 1-100, in the United States District Court for the Northern District of Georgia, Civil Action No. 1:02-CV-2003 (JTC). Similarly obtained a multi-district order targeting counterfeiting on behalf of the rock group Pearl Jam. As a result, the client was able to enforce the order outside of the Northern District of Georgia amounting to significant seizures of counterfeit merchandise.

Publications, Articles and Speeches

· Co-Author "Music Fans May Help Settle the Score in Satriani v. Coldplay Infringement Suit", LJN's Entertainment Law & Finance, April 2009.

· Co-Author "Can A Franchisor Recover Lost Future Royalties? The Debate Goes On," The Franchise Lawyer, Spring 2009.

· Co-Author "A Practical Approach to Addressing Holdover Ex-Franchise Trademark Issues", Franchise Law Journal, Summer 2007.

· Author, Chapter 1 "Trademarks - U.S.," The Intellectual Property Handbook, ABA Forum on Franchising and Section of Intellectual Property Law (2005).

· Co-Author, "Is It a Mark or Not? Strategies for Overcoming Refusals Based on Genericness, Ornamentation and Functionality", The Intellectual Property Strategist, July 2005.

· Co-Author "Avoid and Overcome Descriptive Objections under Section 2(e) of the Lanham Act", The Intellectual Property Strategist, January 2005.

· Co-Author, Chapter 1 "Trademark Law Fundamentals and Related Franchising Issues," Fundamentals of Franchising, 2d ed. ABA Forum on Franchising (2004).

· Author "What's In a Name? Name Disputes in the Geographical Expansion of Franchises", LJN's Franchising Business and Law Alert, August 2003.

· Author "An Analysis of Potential Issues in the Use of Split Telephone Intercepts," Franchise Law Journal, Spring 2003.

· Author Interpreting the Exceptional Cases Provision of Section 1117(a) of the Lanham Act: "When an Award of Attorney's Fees Is Appropriate", Volume 92, No. 5, The Trademark Reporter, (2002).

Community and Professional Activities

· Frequent lecturer on a wide variety of intellectual property subjects for a number of organizations including the Practicing Law Institute, the American Bar Association Forum on Franchising and Intellectual Property Section, the International Trademark Association, Law Education Institute, Association of Corporate Counsel, the Houston Intellectual Property Association, the Georgia Institute of Continuing Legal Education and Minnesota Continuing Legal Education.

· Active member of The International Trademark Association (INTA); Subcommittee Chair ADR Law Firm Outreach Subcommittee (2007 to Present); Past Chair Annual Meeting (2004); Past Chair, Vice-Chair, Subcommittee Chair Information Resources Committee (1997 2003).

· Editor-in-Chief Designate, The Franchise Law Journal. Editor of The Intellectual Property Strategist. Past Editor of The Trademark Reporter.

· Teaching experience at the University of Georgia and Georgia State College of Law.

· Kalamazoo College - Board of Trustees and Alumni Association Executive Board

· University of Toledo College of Law - Dean's Advisory Council

Honors, Awards, and Accolades

· Recognized in The Best Lawyers in America®, "The Trademark Experts' Experts" by World Trademark Review and International Who's Who of Trademark Lawyers by Law Business Research Ltd.

· AV® rated by Martindale-Hubbell.