Laura Miller focuses her practice on litigation, prosecution and counseling related to trademarks, copyrights, advertising and unfair competition. Ms. Miller has experience with trademark proceedings before the United States Trademark Office Trial and Appeal Board and with trademark infringement, copyright infringement, unfair competition and false advertising cases in the federal courts. In addition, Ms. Miller has litigated domain name disputes before the WIPO Arbitration and Mediation Center. Ms. Miller was the recipient of the John Thomas Byrum Scholarship at Wake Forest University. In 2007, the Intellectual Property Law Section of the North Carolina Bar Association presented its individual Pro Bono Award to Ms. Miller. Professional & Community Activities American Bar Association, Intellectual Property Law Section, Member Copyright Society of USA, Member International Trademark Association (INTA), Internet Committee, Member North Carolina Bar Association, Intellectual Property Law Section, Member Wake Forest Law Review, Notes and Comments Editor (2004-2005) Industries Fashion & Luxury Goods Experience Worked on teams handling the following matters: Grandparent adoption, Represents caregivers seeking to adopt children. One of the firm's signature pro bono programs is the Grandparent Adoption Program. Dozens of lawyers have been trained to represent grandparents and other relative caregivers who step up to raise young children in their extended family when the children's parents are unable or unwilling to do so. Working in partnership with local legal aid programs, lawyers accept referrals of eligible families, and prepare and file the required documents to effect the adoption. Hundreds of children's lives have been stabilized as a result of the firm's involvement. Protective orders for domestic violence victims, Represents victims of domestic violence who are seeking protective orders for themselves and their children against batterers and stalkers. Death penalty representation, Represented a former town councilman and military veteran who had been convicted of killing his wife and sentenced to death. Our work included interviewing jurors to determine if there was any basis for a juror claim. The team analyzed the bases for jury strikes, interviewed jurors in person about the trial, and provided their findings to the Center for Death Penalty Litigation (CDPL). The findings were included in a motion for appropriate relief filed with the trial court. The judge ordered an evidentiary hearing on the juror claim the Center raised, pertaining to jurors reading the Bible and consulting a minister about whether to impose life or death. The Center reported that the judge seemed genuinely troubled by the allegations, and was hopeful that if the testimony came in as anticipated, it could prevail and obtain sentencing relief for the client. Soon thereafter, we received word that the judge vacated the clients death sentence because of juror misconduct during sentencing deliberations, discovered through juror interviews conducted by our team of lawyers. The team learned that a juror consulted her minister on the first night of sentencing deliberations. Her minister, who was a former probation officer, explained that a death sentence is followed by a series of appeals and that the decision can be reversed. The judge ruled that this extrinsic information potentially tainted the jury by alleviating them of their responsibility to make their own decision about whether to impose death. 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). 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. Culp Inc. v. Valley Forge Fabrics Inc. and Marriott International Design & Construction Services Inc., Lead counsel for Marriott International Design & Construction Services Inc. Successfully defended Marriott in a copyright case.
Culp Inc. v. Valley Forge Fabrics Inc., No. 1:08-cv-00606-US-PTS (M.D.N.C. filed Aug. 25, 2008). Universal Furniture International, Inc. v. Collezione Europa USA, Inc., Represented Universal Furniture International Inc., a home furnishings manufacturer, in a suit against Collezione Europa USA, Inc., a furniture wholesaler, based on Collezione's infringing imitations of Universal's highly successful Grand Inheritance and English Manor furniture collections and Collezione's marketing of those imitations. The court found (1) that Collezione had infringed upon Universal's valid copyrights in Universal's Grand Inheritance collection and English Manor collection; (2) that Collezione had passed off Universal's furniture as Collezione's, in violation of the Lanham Act; and (3) that Collezione's violation of the Lanham Act also constituted an unfair and deceptive trade practice in violation of N.C. Gen. Stat. § 75-1.1. After additional hearings related to monetary remedies the court awarded Universal Furniture International Inc. an amount that represented the entirety of Collezione's gross sales of the infringing furniture, as permitted by the Copyright Act.
Universal Furniture Int'l, Inc. v. Collezione Europa USA, Inc., No. 1:04CV00977, 2007 U.S. Dist. LEXIS 31026, aff'd, 2009 U.S. Dist. LEXIS 10880 (M.D.N.C. Feb. 12, 2009). Trademark litigation for major tobacco company, Represented a major tobacco company in opposition proceedings regarding the use of the word "pleasure" in connection with cigarette advertising and promotion. Case settled. Guardian ad litem, Represent children and/or their best interests in a variety of settings and courts. Lawyers routinely serve as guardians ad litem, representing the best interests of children in a variety of contexts. In Atlanta and in Winston-Salem, lawyers have represented the best interests of hundreds of children whose parents are disputing their custody. The guardian ad litem is charged with getting to know the child, studying the circumstances of the child's life, interviewing witnesses, reviewing documents and ultimately, making an oral or written recommendation to the appointing court as to what is in the child's best interests. Trademark and unfair competition matters for Diageo North America, Represents Diageo North America in a variety of trademark and unfair competition matters, including litigation in federal district court and before the Trademark Trial and Appeal Board, as well as trademark clearance and registration projects. Advertising related issues and reviews for a clothing manufacturer, Represents a global consumer products company and the owner of some of the most recognized brands for T-shirts, underwear, hosiery and activewear and routinely advises the client on advertising related issues that include reviewing advertising copy, securing rights from models, photographers and musicians, drafting and negotiating agreements for celebrity spokespersons, product placement in motion pictures, and event sponsorships. *Experience gained by attorney prior to joining Kilpatrick Townsend Publications 15 November 2010, Use in Advertising of Certifications and Seals of Approval Under the FTC's Proposed Revised Green Guides, Legal Alerts 11 November 2010, Using "Organic" In Advertising: FTC Declines to Issue Guidance in Proposed Green Guides Revisions, Defers to U.S. Dept. of Agriculture, Legal Alerts 11 November 2010, "Recycled Content" Claims under the FTC's Proposed Revised Green Guides, Legal Alerts 04 November 2010, FTC's Proposed Revised Green Guides Provide New Guidance on "Free-of" and "Non-toxic" Claims, Legal Alerts 02 November 2010, Degradable Claims Under FTC's Proposed Revised Green Guides, Legal Alerts 12 October 2010, FTC's Proposed Revised Green Guides Warn Against General "Green" Claims, Legal Alerts 07 October 2009, FTC Adopts Amended Guides Governing Endorsements and Testimonials, Legal Alerts 01 September 2009, Special Feature: Federal Circuit Overturns Central Component of Trademark Trial and Appeal Board's Medinol Doctrine
Source: Intellectual Property Today, Articles 31 August 2009, Federal Circuit Overturns Central Component of Trademark Trial and Appeal Board's Medinol Doctrine, Legal Alerts 01 July 2009, Playing the Game by the Rules: A Practical Guide to Sweepstakes and Contest Promotions
Source: Franchise Law Journal, Articles 26 May 2009, Trademark Trial and Appeal Board Expands Opportunities to Cure Alleged Fraud in the Procurement of Registrations, Legal Alerts 01 April 2008, From Fashion Catwalks to the Courts
Source: Copyright World, Articles 01 December 2004, The Option That Is Not an Option: The Invalidity of the Partial Discharge Option for the Student Loan Debtor
Source: 39 Wake Forest L. Rev. 1053, Articles 01 September 2003, Proving Trademark Dilution
Source: Campbell Law Observer, Articles News 10 May 2010, Kilpatrick Stockton Attorneys Honored for Pro Bono Work by Legal Aid of North Carolina, News Releases 16 February 2010, Kilpatrick Stockton's Ty Lord, Sabina Vayner, and Laura Miller Play Key Role in the Production of Prominent Intellectual Property Book, News Releases |