Mike Rafter focuses his practice in the areas of trademark and advertising law. He serves as principal trademark counsel for a number of companies with well-known brands and large brand portfolios and manages their trademark portfolios and disputes throughout the world.
Mr. Rafter helps clients implement cost-effective strategies to protect their existing trademarks and, when necessary, to enforce their rights in those marks. He provides straightforward, practical advice when they are considering new marks, helping them understand and evaluate, for example, whether the new mark will be difficult or expensive to protect, or whether someone is likely to sue them for infringement. Mr. Rafter has particular experience with the protection of: non-traditional marks (e.g., color); trade dress (e.g., product configuration or packaging); and marks at risk of losing distinctiveness (i.e., marks that an infringer might allege have become "generic" and therefore cannot be protected).
Mr. Rafter regularly coordinates and manages trademark litigation, opposition and cancellation proceedings in Europe, Asia and South America and has represented many companies in trademark and false advertising litigation in the United States, both in federal court and in proceedings before the United States Trademark Trial and Appeal Board. He has recommended and successfully resolved trademark disputes through mediation and has resolved false advertising disputes through binding arbitration as well as proceedings before the National Advertising Division ("NAD") of the Council for Better Business Bureaus.
While Mr. Rafter's clients are not limited to particular industries, he does have particular experience representing owners of well-known brands for batteries, beer, building materials, carpet, cleaning chemicals, doughnuts, flashlights, franchised electrical and plumbing services, fertilizers, frozen sandwiches, hair dryers and clippers, insect repellents and insecticides, lawn and garden chemicals, lighting fixtures and controls, paper towels, pet products, restaurant services, shavers, synthetic turf, and wood preservative chemicals.
Mr. Rafter's legal career was enhanced by his early role as a Judge Advocate in the United States Army where he spent his first several years of practice essentially serving as in-house counsel for several military organizations. A few years after joining the firm, he was seconded to an important client of the firm to serve temporarily as one of its in-house trademark counsel. Both experiences gave Mr. Rafter first-hand knowledge of the demands facing in-house counsel.
Professional & Community Activities
Atlanta Legal Aid Society, Board of Directors, President
International Trademark Association, INTA Bulletin Committee
State Bar of Georgia, Intellectual Property Section, Member
Industries
Food, Beverage & Agriculture; Manufacturing; Chemical; Advertising & Publishing; Consumer Products & Retail
Experience
Pennington Seed, Inc. & Pennington Seed of Nebraska, Inc. v. United Industries Corp., d/b/a Spectrum Brands, Represented United Industries Corporation (d/b/a Spectrum Brands) in trademark litigation against a competitor and successfully settled the matter through mediation.
Pennington Seed, Inc. & Pennington Seed of Nebraska, Inc. v. United Industries Corp. d/b/a Spectrum Brands, No. 03:07-CV-00098-CDL (M.D. Ga. field Aug. 30, 2007).
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).
Patent and Trademark portfolio management for a leader in the synthetic turf industry, Manages the global patent and trademark portfolios of a leading company in the synthetic turf industry, which owns one of the most iconic brands in the industry. We provide strategic counseling about the protection of that brand, manage trademarkrelated disputes in multiple countries, and assist in clearing and securing registrations of new marks.
Georgia-Pacific Consumer Products LP v. The Procter & Gamble Company, Represented Georgia-Pacific in false advertising litigation against major competitor. Successfully settled prior to preliminary injunction hearing.
Georgia-Pacific Consumer Products LP v. The Procter & Gamble Company, Case No. 1:09-CV-0729 (N.D. GA 2009).
Trademark litigation services for a Fortune 500 brewery, Represented a Fortune 500 brewery to secure a judgment as a matter of law that there was a likelihood of confusion between our client's mark and the defendant's mark. We prevailed on summary judgment on their unfair competition counterclaims and then successfully defended against an appeal and a petition for certiorari.
Trademark portfolio management for one of the world's leading providers of lighting fixtures, Manages all aspects of the extensive trademark portfolio of one of the world's leading providers of lighting fixtures and related products and services. We have provided strategic counseling in connection with clearing new marks as well as in protecting the company's rights in hundreds of different marks. Since we began representing the company, we have managed more than 2,000 registrations and applications in more than 90 countries throughout the world. When the company was spun off from its parent, our attorneys were heavily involved in the clearance of the company's new name.
United Pet Group, Inc. v. Salix Corporation and Salix LLC, Represented United Pet Group, Inc., a leading global manufacturer of pet products, in trade dress litigation against a competitor. Case settled favorably after we filed for preliminary injunction.
Global trademark portfolio management for Krispy Kreme Doughnuts, Manages all aspects of the global trademark portfolio for Krispy Kreme Doughnuts. We assisted the company in expanding its operations into dozens of new countries in Europe, Asia and the Middle East, which involved (among other issues) securing registrations for and protecting translations and transliterations of the company's primary marks. In addition to clearing and registering new marks and maintaining existing registrations, we have assisted the company with licensing its marks and have managed trademark-related disputes for the company in numerous countries throughout the world.
kate spade LLC v. Georgia Pen & Pencil d/b/a Davran's, et. al., Obtained a permanent injunction and damages in trademark counterfeiting action against a retailer and individuals that sold counterfeit KATE SPADE handbags.
kate spade LLC v. Georgia Pen & Pencil d/b/a Davran's, et. al., No. 03-0128 (N.D. Ga. filed Jan. 16, 2003)
Copyright and trademark infringement litigation for a Fortune 500 brewery, Represented a leading Fortune 500 brewery and obtained injunctive and other relief against fifteen companies and individuals in trademark and copyright infringement litigation involving infringing decals, drug paraphernalia, apparel and other products.
NAD proceeding for a leading manufacturer of erosion control products, Represented a leading manufacturer of erosion control products in proceedings before the National Advertising Division (NAD) of the Council for Better Business Bureaus in which a competitor alleged that certain of the manufacturers advertisements were false or misleading.
Kimberly-Clark Corp. v. E.I. DuPont de Nemours & Co., Defended DuPont and obtained favorable settlement of false advertising litigation pertaining to flammability characteristics of surgical fabrics.
Kimberly-Clark Corp. v. E.I. DuPont de Nemours Co., No. 06-1503 (N.D. Ga. filed June 23, 2006).
Betz v. Weekley Homes, Successfully settled copyright litigation involving architectural works on behalf of David Weekley Homes.
Frank Betz Assocs., Inc. v. Weekley Homes, L.P. d/b/a David Weekley Homes, No. 05-1563 (N.D. Ga. filed June 14, 2005).
Trademark litigation for a Fortune 500 brewery, Represented a Fortune 500 brewery and obtained a permanent injunction and other relief in a trademark infringement and counterfeiting action involving apparel depicting infringing designs.
Trademark portfolio management for Spectrum Brands, Manage the extensive trademark portfolio of Spectrum Brands, a global manufacturer of batteries, shavers, hair dryers and other personal care appliances, pet products, insect repellants and lawn and garden products. Since we began representing the company, we have helped the company "rationalize" its trademark portfolio and strategy, which has resulted in significant savings for the company. Currently, we manage more than 1,500 active registrations and applications for more than 450 marks in more than 125 countries throughout the world. We provide strategic counseling about the selection and clearance of new marks, and manage contentious trademark-related proceedings for the company throughout the world.
*Experience gained by attorney prior to joining Kilpatrick Townsend
Publications
07 December 2010, Facebook Updates Promotion Guidelines, Legal Alerts
24 November 2010, Use of "Made with Renewable Materials" and "Made with Renewable Energy" claims in Advertising under the FTC's Proposed Revised Green Guides, Legal Alerts
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
12 October 2010, FTC's Proposed Revised Green Guides Warn Against General "Green" Claims, Legal Alerts
01 January 2009, Advertising Basics
Source: Intellectual Property Desk Reference, Other Publications
01 June 2000, Intellectual Property
Source: Mercer Law Review, Articles
News
15 February 2012, Kilpatrick Townsend's Michael Rafter Appointed Board President of Atlanta Legal Aid Society, News Releases