Judy Powell has extensive experience in trademark infringement, unfair competition, and false advertising litigation in federal courts, as well as in opposition and cancellation proceedings before the Trademark Trial and Appeal Board. She has also litigated multiple issues involving website content and domain names, having secured hundreds of domain names for trademark owners. She also advises clients on trademark licensing matters and copyright issues.
Ms. Powell has served on the Internet Committee of the International Trademark Association for the past four years and has been the firm's liaison to the Intellectual Property Committee of The Association of Corporate Counsel for the past eight years. She has been a frequent lecturer on trial strategy and Internet and trademark issues for the Institute of Continuing Legal Education and a teacher for the National Institute of Trial Advocacy program. Ms. Powell has also spoken at conferences and events for the Association of Corporate Counsel, the International Trademark Association, and the ABA Forum on Franchising.
Ms. Powell has been named in The Best Lawyers in America® for Intellectual Property Law for the past five years, as well as being recognized by the World Trademark Review 1000, and the Legal 500 US. In 2011, she was honored with the "Excellence in IP Award" by the Intellectual Property Committee of The Association of Corporate Counsel. Ms. Powell is AV® rated by Martindale-Hubbell.
Professional & Community Activities
International Trademark Association (INTA), Internet Committee, Member
Association of Corporate Counsel (ACC), Intellectual Property Committee Firm Liaison
Vanderbilt Law Review, Former Associate Editor
Industries
Fashion & Luxury Goods
Experience
Chrysler Group LLC v. USA Wholesale Scooters, Inc., et al., Represented Chrysler Group in obtaining preliminary and permanent injunctive relief against Defendants' use of the JEEPSTER mark and Jeep Grille Design in connection with an electric off-road vehicle and coordinated trademark infringement action with ITC proceeding, with the result that the Chinese manufacturer ceased shipments of the infringing designs into the U.S.
Chrysler Group LLC v. USA Wholesale Scooters, Inc., et al., USDC, Southern District of Florida, Civil Action No. 10-cv-60774-WPD (Order August 9, 2010).
H-D Michigan Inc. v. Top Quality Service Inc., Represented Harley-Davidson Motor Company in winning a reversal in the United States Court of Appeals, Seventh Circuit. The Court held that Harley-Davidson's lawsuit against use of HOGS ON THE HIGH SEAS was not barred by previous rulings finding HOG generic for large motorcycles, and remanded the case for trial. The case was later settled favorably for our client.
H-D Michigan, Inc. v. Top Quality Service, Inc., No. 04-C-0533, 2006 WL 2547083 (E.D. Wis. Aug. 31, 2006), rev'd, 496 F.3d 755 (7th Cir. 2007).
Ewald v. DaimlerChrysler Corp., Represented DaimlerChrysler Corporation when the owner of the RUBICON mark for cargo trailers sought to enjoin our client from using RUBICON for automotive vehicles. Following extensive expedited discovery and a multi-day evidentiary hearing, we defeated the plaintiff's motion for a preliminary injunction, enabling DaimlerChrysler to proceed with the production and launch of its JEEP WRANGLER RUBICON vehicle.
Trademark and unfair competition litigation for Compex Int'l Co. Ltd., Successfully represented Compex International Co. Ltd., a major manufacturer of outdoor patio furniture, in a bench trial against claims by a competitor of trade dress infringement, unfair competition and deceptive trade practices.
Meadowcraft Inc. v. Compex Int'l Co. Ltd., 47 U.S.P.Q.2d 1665 (N.D. Ga. 1998).
Thomas Molnar v. 1-800-Flowers.com, Inc., et al., Represented 1-800-Flowers in defense of a false advertising class action, resulting in a nationwide settlement favorable to 1-800-Flowers, with no payment to the class.
Thomas Molnar v. 1-800-Flowers.com, Inc., et al., Superior Court for the State of California, for the County of Los Angeles, Case No. BC382828.
TPI Holdings, Inc. v. Josh Bond, Successfully represented TPI Holdings regarding protection of its AUTOTRADER mark against Defendant's online use of a similar mark.
TPI Holdings, Inc. v. Josh Bond, USDC, Middle District of Tennessee, Nashville Division, Civil Action No. 3:06-0104 (referred to arbitration).
Huber Corp. v. Georgia-Pacific Corp., Represented Georgia-Pacific LLC in a trademark infringement suit brought against it by one of its major competitors in the building materials industry. The competitor sought to enjoin its use of the HOME ADVANTAGE mark for the same type of goods as the competitor sold under the ADVANTECH mark. Following expedited discovery and an extended evidentiary hearing, we defeated the plaintiff's motion for preliminary injunction that would have halted sales to our client's most significant customer and severely harmed that relationship. Defeat of the motion caused the plaintiff to dismiss the case in its entirety.
Huber Corp. v. Georgia-Pacific Corp., No. 3:03CV567 (W.D. N.C. filed Nov. 26, 2003).
*Experience gained by attorney prior to joining Kilpatrick Townsend
Publications
08 August 2011, New gTLD Roll-Out at a Glance, Legal Alerts
04 August 2011, New .XXX Domains are Coming Soon: What Trademark Owners Need to Know to Opt-Out Now, Legal Alerts
01 April 2010, Best Practices for Internet Marketing and Advertising
Source: Franchise Law Journal, Vol. 29, No. 4, Articles
18 May 2005, Trademarks on the Internet: Hot Topics
Source: ACC IP Committee Newsletter via www.KilpatrickStockton.com, Articles
News
28 March 2012, Kilpatrick Townsend Receives High Rankings in World Trademark Review 1000, News Releases
10 November 2011, Kilpatrick Townsend Media Report -- November 4 - 10, 2011, News Releases
25 October 2011, Kilpatrick Townsend's Judy Powell Receives "Excellence in Intellectual Property Award" from the ACC Intellectual Property Committee, News Releases
06 September 2011, Kilpatrick Townsend Earns Record-Breaking Recognition in Annual Best Lawyers in America 2012, News Releases
25 April 2011, Kilpatrick Townsend Receives Top Recognition in World Trademark Review 1000, News Releases
12 August 2010, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 2011, News Releases
04 August 2009, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 2010, News Releases
Events
28 March 2011, The Impact of Social Media on IP Law, Events
24 October 2010, IP Year in Review, Events
13 October 2010, Social Media Intensive, Events