Jerre Swann joined the firm in 1967 and became a partner in 1972. He has served as counsel for numerous national corporations in trademark, copyright, false advertising and trade dress actions in judicial districts throughout the United States and has acted as a consultant with respect to survey and expert witness issues in cases involving cutting-edge issues. Mr. Swann was named the 2009 INTA President's Awards winner in recognition of his lifetime commitment and contributions to the field of intellectual property law. He has received the Ladas Memorial Award and the INTA Volunteer Service Award for the Advancement of Trademark Law. He was recognized in WHO'S WHO LEGAL - The International Who's Who of Business Lawyers for Trademarks. He was also recognized in The Legal 500 US for Litigation. Mr. Swann was recognized in The Best Lawyers in America® for Intellectual Property Law and Advertising Law in 2012 and each of the 11 years preceding. He was named by Legal Media to its 2008 Guide to the World's Leading Trademark Law Practitioners and he was named to its Best of the Best USA in 2011 as one of the top 25 practitioners for trademark law in the country. He was recognized as a 2009 and 2010 Georgia "Super Lawyer" in Intellectual Property Litigation by SuperLawyers magazine. Mr. Swann was also listed in the 2009, 2010 and 2011 editions of Chambers USA: America's Leading Lawyers for Business for Intellectual Property law and is AV® rated by Martindale-Hubbell. Professional & Community Activities International Trademark Association (INTA), Special Committee on FTDA, Former Director The Trademark Reporter, Former Editor-in-Chief Clerkships U.S. District Court for the Southern District of New York - Honorable Dudley B. Bonsal Experience Georgia-Pacific Corp. v. The Procter & Gamble Co., Successfully represented Georgia-Pacific in the expedited arbitration of a case involving false advertising claims in its competitor's nationwide television, radio, and print campaign for paper towels. Obtained injunction and award of attorneys' fees.
Georgia-Pacific Corp. v. The Procter & Gamble Co., No. 03-2957 (N.D. Ga. filed Aug. 30, 2003). American Eagle Outfitters, Inc. v. Payless Shoesource, Inc., The firm served as lead counsel asserting American Eagle Outfitters' trademarks and obtained a preliminary injunction relative to advertising and sale of AMERICAN EAGLE footwear by Payless prohibiting objectionable practices and requiring a prominent disclaimer of any affiliation with American Eagle Outfitters.
American Eagle Outfitters v. Payless Shoe Source, Inc., No. 07-cv-1675-ERK-VVP (E.D.N.Y. filed October 20, 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). University of Alabama Board of Trustees v. New Life Art Inc., Represent the University of Alabama in a case pending in the Northern District of Alabama in a suit involving the defendant's use of the University's colors and uniforms art in prints depicting famous moments in Alabama football history. The defendant claims use of crimson and white is protected by the First Amendment. The University has argued that its colors and uniforms are the protected trade dress of the University that must be licensed. (Case pending.)
University of Alabama Board of Trustees v. New Life Art Inc., Civ. No. 00585 (N.D. Ala. filed 2005). 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 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. *Experience gained by attorney prior to joining Kilpatrick Townsend Publications 08 October 2009, Intellectual Property Innovations Class: Economics, Marketing and Consumer Psychology -- Driving the Evolution of Trademark Law, Podcasts 01 January 2009, Likelihood of Confusion Surveys
Source: Intellectual Property Desk Reference, Other Publications 15 July 2008, Two Pesos, Inc. v. Taco Cabana International, Inc.
Source: 82 Trademark Reporter 440, Articles 15 September 2006, An Interdisciplinary Approach to Brand Strength
Source: 96 Trademark Reporter 943, Articles 31 October 2004, Samara Bros., Inc. v. Wal-Mart Stores, Inc.
Source: 89 Trademark Rep. 986, Articles 01 October 2004, Moseley v. Victoria Secret Catalogue
Source: 92 Trademark Rep. 1139, Articles 15 July 2004, Configuration Protection Harmonized
Source: 94 Trademark Reporter 1182, Articles 15 July 2002, Dilution Redefined for the Year 2002
Source: 92 Trademark Reporter 585, Articles 15 July 2001, Trademarks and Marketing
Source: 91 Trademark Reporter 787, Articles 15 July 1999, Genericism Rationalized
Source: 89 Trademark Reporter 639, Articles 01 January 1997, The Configuration Quagmire: Is Protection Anticompetitive or Beneficial to Consumers and the Need to Synthesize Extremes?
Source: Trademark Reporter, Articles 01 January 1996, Trade Names, Trademarks, Copyrights and Unfair Competition
Source: Encyclopedia of Georgia Law, Articles News 06 September 2011, Kilpatrick Townsend Earns Record-Breaking Recognition in Annual Best Lawyers in America 2012, News Releases 30 August 2011, Seven Kilpatrick Townsend Attorneys Named to 2011 International Who's Who of Trademark Lawyers, News Releases 22 June 2011, Twenty-Seven Kilpatrick Townsend Attorneys Named to 2011 International Who's Who of Business Lawyers, News Releases 20 June 2011, Kilpatrick Townsend Attorneys Selected as World's Leading Law Practitioners by Prestigious Legal Media Group, News Releases 15 June 2011, Kilpatrick Townsend Recognized by Prestigious 2011 Legal 500 US, News Releases 13 June 2011, Kilpatrick Townsend Again Earns Highest Recognition From CHAMBERS USA 2011, News Releases 25 April 2011, Kilpatrick Townsend Receives Top Recognition in World Trademark Review 1000, News Releases 02 March 2011, Kilpatrick Townsend Once Again Achieves Top Recognition in 2011 Georgia Super Lawyers, News Releases 24 September 2010, Twenty-Seven Kilpatrick Stockton Attorneys Named to 2010 International Who's Who of Business Lawyers, News Releases 07 September 2010, Five Kilpatrick Stockton Attorneys Named to 2010 International Who's Who of Trademark Lawyers, 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 21 June 2010, Kilpatrick Stockton Earns National Ranking from Chambers USA 2010 in Intellectual Property: Trademark, Copyright & Trade Secrets, News Releases 21 June 2010, Kilpatrick Stockton Again Named Top Firm in Georgia for Intellectual Property by Chambers USA 2010, News Releases 14 June 2010, Kilpatrick Stockton Again Earns Highest Recognition From CHAMBERS USA 2010, News Releases 15 April 2010, Kilpatrick Stockton Again a Leader in "Guide to World's Leading Trade Mark Law Practitioners", News Releases 04 March 2010, Kilpatrick Stockton Ranked Number One in Five 2010 Georgia Super Lawyer Categories, News Releases 09 November 2009, Kilpatrick Stockton Partner Jerre Swann Receives the Prestigious International Trademark Association President's Award, News Releases 04 August 2009, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 2010, News Releases 15 June 2009, Kilpatrick Stockton Once Again Earns Highest Recognition From Chambers USA, News Releases 08 April 2009, Kilpatrick Stockton Attorneys Named to 2009 International Who's Who of Business Lawyers, News Releases 02 March 2009, Kilpatrick Stockton Ranked Number One in Five Georgia Super Lawyer Categories, News Releases |