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. Mr. Bussert was recognized in The Best Lawyers in America® for Franchise Law and Intellectual Property Law for 2012 and the five years immediately preceding. He was listed in "The Trademark Experts' Experts" by World Trademark Review, and was selected in World Trademark Review's inaugural guide to the top 1,000 trademark practitioners in the world. He is also listed in the "International Who's Who of Trademark Lawyers" and the "International Who's Who of Franchise Lawyers" by Law Business Research Ltd. He was named a 2008 Georgia "Super Lawyer" in the areas of Intellectual Property, Intellectual Property Litigation and Franchise/Dealership law by SuperLawyers magazine. In 2010, he was named a "Legal Eagle" by Franchise Times and was named by Legal Media to its 2010 Guide to the World's Lending Trademark Lawyers. Mr. Bussert received the 2010 University of Toledo College of Law Distinguished Alumnus Award. He is AV® rated by Martindale-Hubbell. Professional & Community Activities The Franchise Law Journal, Editor-in-Chief The Intellectual Property Strategist, Editor The Trademark Reporter, Past Editor The International Trademark Association (INTA), ADR Outreach Subcommittee Chair (2009 - present), ADR Law Firm Outreach Subcommittee Chair (2007 - 2009), Annual Meeting, Past Chair (2004), Information Resources Committee, Past Chair, Vice-Chair and Subcommittee Chair (1997 - 2003) Kalamazoo College, Board of Trustees and Alumni Association Executive Board, President University of Toledo College of Law, Dean's Advisory Council Georgia State College of Law, Past Adjunct Professor University of Georgia, Lecturer University of Toledo College of Law, Lecturer Experience Mr. Electric Corp. v. Reiad Khalil, et. al., Achieved a win on behalf of our client, The Dwyer Group, and specifically its Mr. Electric subsidiary, against Alber Electric, a business operated by a former MR. ELECTRIC franchisee that was accused of trademark infringement and unfair competition. After a bench trial, we obtained a permanent injunction and an award of the infringer's profits.
Mr. Electric Corp. v. Reiad Khalil, et. al., No. 2:06-cv-02414-CM-GLR (D. Ks. 2009). Harley-Davidson Motor Co. Group, et al. v. John Does, et al., Represented Harley-Davidson in obtaining a multi-county preliminary injunction and seizure order in connection with anticipated counterfeiting activities during its 100th Anniversary Open Road Tour.
Harley-Davidson Motor Co. Group, et al. v. John Does, et al., No. 02-2003 (N.D. Ga. filed July 18, 2002). Injunction on behalf of national automobile painting franchisor against former franchisee, 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. Cooper v. Sony Music Entertainment Inc., et al., Defended Sony Music Entertainment Inc., So So Def Productions and other defendants in a series of lawsuits asserting copyright infringement and other claims relating to pre-1972 musical sound recordings. Representation resulted in dismissal of suit and award of defendants' attorneys' fees.
Cooper v. Sony Music Entm't, Inc., et al., 2002 WL 391693 (S.D. Tex. Feb. 22, 2002). Negotiated worldwide cross license agreement for medical devices company, Represented an international medical products manufacturer in a cross license agreement with an international competitor with respect to worldwide rights in and to an identical mark used by each party. Licensing counsel for nationally known diversity services consultant, Represented Roosevelt Thomas & Associates, a national diversity consulting firm, with negotiating license agreements with a number of global Fortune 500 companies to use the consulting firm's copyrighted materials. License negotiations for The Science and Technology Museum of Atlanta, Represented The Science and Technology Museum of Atlanta Inc. in negotiating a license with Discovery Communications regarding use of the "SCITREK" mark. Negotiated a nationwide license agreement for RadioShack, Represented Tandy Corporation, in connection with a license agreement between RadioShack and Cartoon Network, a Time Warner subsidiary, to allow RadioShack to use certain Hanna-Barbera cartoon characters in a national advertising campaign. Aerospace America, Inc. v. Abatement Technologies, Inc., Represented Abatement Technologies Inc., manufacturer of negative air machines used for asbestos removal, in an action brought by a competitor based on misappropriation of trade secrets, fraud, misrepresentation and breach of fiduciary duty. Obtained summary judgment on all claims asserted by the competitor. Arbitration for national haircutting franchisor against former franchisees' fraud and breach of contract claims, Successfully defended a national haircutting franchisor against former franchisees' fraud and breach of contract claims in arbitration. National Football League Properties Inc., St. Louis Rams Partnership and Tennessee Football L.P. v. Does 1 through 100, Represented the National Football League in 1994 and 2000 in connection with obtaining multi-county preliminary injunction and seizure orders in connection with anticipated counterfeiting activities at Super Bowl XXXIV and XXVIII.
National Football League Properties, Inc., St. Louis Rams Partnership and Tennessee Football, L.P. v. Does 1 through 100 (Fulton Co. Sup. Ct. 1994, 2000). Licensing counsel for Callaway Gardens Resort, Represented the Callaway Gardens Resort in connection with negotiating license agreements involving the organization's nationally recognized CALLAWAY and CALLAWAY GARDENS brands. New Homefinders Inc. v. Network Communications Inc., Defended Network Communications Inc., 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., No. 06-0442 (N.D. TX filed Feb. 26, 2008). Trademark infringement for a national steakhouse franchisor, 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. 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. Mr. Appliance Corp. v. Woodrow Holloway et al., Achieved a win on behalf of our client, The Dwyer Group and specifically its Mr. Appliance subsidiary, against Woodrow and Deborah Holloway, former Mr. Appliance franchisees, and The Appliance Doctor of Central Alabama, an appliance repair business operated by the Holloways. The Holloways were accused of violating their franchise agreements post-term noncompete provision and violating other obligations of their franchise agreement by failing to assign to Mr. Appliance their former MR. APPLIANCE telephone numbers. After a bench trial, we obtained a permanent injunction enforcing the non-compete provision to its full extent, an assignment of the Holloways' former MR. APPLIANCE telephone numbers and award of attorneys' fee.
Mr. Appliance Corp. v. Woodrow Holloway et al. Case No. 6:10-CV-0004-WSS (W.D.Tex. 2010). Synergistic Int'l, LLC v. Korman, Represented the owner of the GLASS DOCTOR mark in a trademark infringement suit against a company that had used the mark WINDSHIELD DOCTOR for 17 years in a specific geographic territory. The defendant had prior actual use of its mark in that geographic area, but such use was junior to the client's federal registration. The defendant had also begun using GLASS DOCTOR interchangeably with its own mark. Obtained summary judgment enjoining the defendant's use of both marks. On a trial on the appropriate quantum of monetary relief, we secured and then successfully defended on appeal an order requiring the defendant's disgorgement of its profits.
Synergistic Int'l, LLC v. Korman, 402 F. Supp. 2d 651 (E.D. Va. 2005), aff'd in part and rev'd in part, 470 F.3d 162 (4th Cir. 2006). *Experience gained by attorney prior to joining Kilpatrick Townsend Publications 01 November 2011, Economic Downturn Affects Franchisors and Franchisees Alike
Source: Franchise Law Journal, Articles 01 September 2011, Annual Forum Offers Great Opportunity to Learn, Share Your Expertise, and Network
Source: ABA Franchise Law Journal, Articles 01 May 2011, A View of Professionalism
Source: Franchise Law Journal, Articles 01 March 2011, The Perils of Naked Licensing
Source: The Intellectual Property Strategist, Articles 01 January 2011, Class Action Litigation and the Editor-in-Chief's Holiday Reading
Source: Franchise Law Journal, Articles 01 August 2010, Editor-in-Chief's Crystal Ball - Predictions for 2011
Source: Franchise Law Journal, Articles 01 April 2010, JA Apparel v. Abboud
Source: The Intellectual Property Strategist, Articles 01 November 2009, Family Feud: The Tension Between Family Names and Trademarks
Source: The Trademark Reporter, Articles 01 April 2009, Music Fans May Help Settle the Score in , Satriani v. Coldplay Infringement Suit
Source: LJN's Entertainment Law & Finance, Articles 01 March 2009, Can a Franchisor Recover Lost Future Royalties? The Debate Goes On
Source: The Franchise Lawyer, Articles 01 January 2009, Franchising Questions and Answers
Source: Intellectual Property Desk Reference, Other Publications 01 January 2009, An Overview of Legal Remedies Against the Trafficking in Goods Bearing Counterfeit Trademarks
Source: Intellectual Property Desk Reference, Other Publications 01 June 2007, A Practical Approach to Addressing Holdover Ex-Franchisee Trademark Issues
Source: Franchise Law Journal, Articles 01 January 2006, Intellectual Property Audits: Central Issues in the Acquisition of Intellectual Property Rights
Source: Intellectual Property Desk Reference, Other Publications 29 July 2005, Is It a Mark or Not? Strategies for Overcoming Refusals Based on Genericness, Ornamentation and Functionality
Source: The Intellectual Property Strategist, Articles 28 April 2005, Strategies for Avoiding and Overcoming Descriptive Objections Under Section 2(e) of the Lanham Act
Source: ACC IP Committee Newsletter via www.KilpatrickStockton.com, Articles 01 January 2005, "Trademarks - U.S., " The Intellectual Property Handbook
Source: ABA Forum on Franchising and Section of Intellectual Property Law, Other Publications 01 January 2004, "Trademark Law Fundamentals and Related Franchising Issues, " Fundamentals of Franchising
Source: ABA Forum on Franchising, Other Publications 01 August 2003, What's In a Name? Name Disputes in the Geographical Expansion of Franchises
Source: LJN's Franchising Business and Law Alert, Articles 01 April 2003, An Analysis of Potential Issues in the Use of Split Telephone Intercepts
Source: Franchise Law Journal, Articles 01 January 2002, Interpreting the Exceptional Cases Provision of Section 1117(a) of the Lanham Act: When an Award of Attorney's Fees is Appropriate
Source: The Trademark Reporter, Articles 01 September 2001, Motion Practice
Source: Advanced TTAB Practice, Other Publications 01 January 2001, Oral Argument
Source: International Trademark Association, Other Publications 01 January 1995, Central Issues in the Acquisition and License of Intellectual Property Rights
Source: The Licensing Journal, Articles 01 January 1992, Calculating Profits Under Section 35 of the Lanham Act: A Practitioner's Guide
Source: The Trademark Reporter, Articles News 09 December 2011, Kilpatrick Townsend's Rupert Barkoff and Chris Bussert Named to 2011 International Who's Who of Franchise Lawyers, News Releases 06 September 2011, Kilpatrick Townsend Earns Record-Breaking Recognition in Annual Best Lawyers in America 2012, News Releases 22 June 2011, Twenty-Seven Kilpatrick Townsend Attorneys Named to 2011 International Who's Who of Business Lawyers, News Releases 25 April 2011, Kilpatrick Townsend Receives Top Recognition in World Trademark Review 1000, News Releases 17 September 2010, Kilpatrick Stockton's Chris Bussert Receives 2010 University of Toledo College of Law Distinguished Alumnus Award, News Releases 12 August 2010, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 2011, News Releases 29 June 2010, Kilpatrick Stockton Attorneys Selected as World's Leading Law Practitioners by Prestigious Legal Media Group, News Releases 28 April 2010, Kilpatrick Stockton's Rupert Barkoff and Chris Bussert Named Among the Nation's Top Franchise Attorneys, News Releases 15 April 2010, Kilpatrick Stockton Again a Leader in "Guide to World's Leading Trade Mark Law Practitioners", News Releases 04 August 2009, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 2010, News Releases 13 March 2009, Kilpatrick Stockton is Only Firm to Have Three of the Top Twenty Trademark Attorneys Nationwide, News Releases |