Since 1987, Bill Brewster has been providing client counseling and litigating in the fields of trademark, false advertising, and unfair competition, as well as copyright, trade secrets, and restrictive covenants. He has litigated in courtrooms across the country, including jury and bench trials, argued numerous appeals, and handled dozens of preliminary injunction and summary judgment motions. Mr. Brewster has participated in arbitrations in trademark and advertising cases, as well as proceedings before the Trademark Trial and Appeal Board. Mr. Brewster is widely recognized as one of the top IP lawyers in the country. In 2008, he was lead trial counsel in adidas v. Payless, obtaining the largest jury verdict and the largest judgment ever entered in a trademark case. Mr. Brewster was listed in The Best Lawyers in America® for Intellectual Property Law in 2012 and every year prior since 1997, and has also been listed for Advertising Law. In 2002, IP Worldwide featured him among "The Magnificent Seven: IP's Best Young Trial Lawyers." He is listed in the 2009, 2010 and 2011 editions of Chambers USA: America's Leading Lawyers for Business for Intellectual Property Law. He is among the "astounding seven lawyers from Kilpatrick" selected and featured in the trademark section of the 2007 Who'sWhoLegal, one of five IP lawyers from the firm listed in the 2007 PLC WhichLawyer? Yearbook, and one of six listed in The International Who's Who of Business Lawyers. Mr. Brewster is also routinely included as one of the "Legal Elite" by Georgia Trend Magazine. He was named a Georgia "Super Lawyer" in the areas of Intellectual Property and Intellectual Property Litigation in 2009 and 2011 and for Intellectual Property in 2010 by SuperLawyers magazine. He was named by Legal Media to its 2008 Guide to the World's Leading Trade Mark Law Practitioners and was named to Lawdragon's prestigious 2008 Leading Lawyers in America guide. Mr. Brewster has also been recognized in the 2009 and 2011 Legal 500 US in the area of Trademark Law and as a Leading Lawyer in Trademark Litigation in 2011. In 2009, he was ranked among the Top 20 Trademark Attorneys by Trademark Insider. In 2010, he received the inaugural Intellectual Property Community Service Award from the Atlanta Business Chronicle. In 2011, Mr. Brewster was recognized by Benchmark: Litigation as a "Litigation Star" for Georgia and a "National Litigation Star" for Intellectual Property. He is AV® rated by Martindale-Hubbell. From 2001 through 2006, Mr. Brewster served as the firm's Managing Partner, having responsibility for the day-to-day business of the firm, as well as strategic planning and client service. He assumed that role after two years as Chair of the IP Department, and was the youngest managing partner of any AmLaw 200 firm. During his tenure, the firm opened its New York office and expanded strategic practice areas. Based on a combination of firm financial performance, pro bono work and attorney satisfaction, the firm was the only one with a Southeastern headquarters to appear in the Top 50 of the 2006 AmLaw "A List." Mr. Brewster currently serves on the firm's Strategy and Pro Bono Committees. His service as Managing Partner reflects the high regard of his partners but, more importantly, provided him with unique mid-career, first-hand experience with the day-to-day challenges of managing a large, international enterprise. This experience has given Mr. Brewster rare insight into counseling similarly complex business clients. Professional & Community Activities American Bar Association, Intellectual Property, Litigation, and Sports & Entertainment Sections, Member American Intellectual Property Law Association (AIPLA), Member Emory University School of Law, Adjunct Professor of Trademark Law (2001 - present) International Collegiate Licensing Association (ICLA), Member International Trademark Association (INTA), Member and Past Chair of National Moot Court Competition State Bar of Georgia, Intellectual Property, Litigation, and Sports & Entertainment Sections, Member University of Virginia School of Law, Associate Member of the Dean's Council, Former Adjunct Professor Industries Entertainment, Media & Sports; Manufacturing; Fashion & Luxury Goods Experience 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. Procter & Gamble Co. v. Georgia-Pacific Consumer Products LP, Served as lead counsel for Georgia-Pacific Consumer Products LP in the defense of our client against a trademark infringement suit. The plaintiff voluntarily dismissed the claim after the court denied its motion for preliminary injunction.
Procter & Gamble Co. v. Georgia-Pacific Consumer Prods. LP, No. 1:09-cv-00318 (S.D. Ohio Aug. 3, 2009). 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). 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). 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). Lulu Enterprises Inc. v. Hulu LLC, The firm served as lead trial counsel for Hulu LLC, a news corporation, and NBC Universal collaborative venture in the suit related to the launch of Hulu.com. The firm successfully defeated an attempt by a Web publishing firm, Lulu Enterprises, to obtain a preliminary injunction that would have delayed the website launch of the much-anticipated Hulu.com, a website portal that offers downloadable premium video content consisting of hit television shows such as The Office, Heroes, 24, The Simpsons, Prison Break and House. Patent litigation for premier sports, entertainment, and media company, The firm served as lead counsel on behalf of the world's premier and most diversified sports, entertainment, and media company, and co-defendant for infringement of a South Carolina tennis teaching professional's U.S. patent relating to a hybrid tennis court. The patent covers a tennis court having one type of surface (such as grass) on one side of the net and a different surface (such as clay) on the opposite side. The plaintiff sued the client because it promoted a match between the top two tennis players in the world on a half grass-half clay tennis court called Battle of the Surfaces. The problem with the plaintiff's case was the match took place in Spain, which required the tennis court to be in Spain as well. Since she possessed only a U.S. patent, the plaintiff attempted to create new law by alleging that televising the match in the U.S. and the use of images of the court on web sites promoting the match in the U.S. should constitute infringing "use" of the tennis court. Judge Joseph Anderson of the U.S. District Court for the District of South Carolina, Rock Hill Division, disagreed and granted motions in favor of our client to dismiss the complaint. The U.S. Court of Appeals for the Federal Circuit affirmed Judge Anderson's decision. Trademark and copyright advice for Flowers Foods Inc., Represents Flowers Foods Inc., a leading producer of baked goods, and its subsidiaries in various trademark, unfair competition, false advertising, and copyright matters, including litigation before federal district courts and the Trademark Trial and Appeal Board, as well as trademark clearance and registration projects. *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 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 16 December 2009, De Niro, Pacino, Settle Right of Publicity Case, Legal Alerts 01 January 2009, Advertising Basics
Source: Intellectual Property Desk Reference, Other Publications 01 January 2009, Likelihood of Confusion Surveys
Source: Intellectual Property Desk Reference, Other Publications 01 January 2006, Resolving the Clash Between Trademarks and Domain Names
Source: Intellectual Property Desk Reference, Other Publications 01 January 2006, Hiring From Competitors
Source: Intellectual Property Desk Reference, Other Publications 02 May 2005, Top of Their Game
Source: Trademark World, Articles 27 September 2004, Resolving the Clash Between Trademarks and Domain Names
Source: Santa Clara Law Review, Articles News 05 January 2012, Six Kilpatrick Townsend Attorneys Named to the Fifth Annual Edition of Benchmark Litigation, News Releases 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 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 12 November 2010, Kilpatrick Stockton's Bill Brewster Receives Prestigious 2010 Intellectual Property Community Service Award, News Releases 12 August 2010, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 2011, News Releases 01 July 2010, Kilpatrick Stockton's Keith Harper Named to Lawdragon 500 Leading Lawyers in America 2010 Guide, 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 15 June 2010, Kilpatrick Stockton Recognized by Prestigious 2010 Legal 500 US, 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 04 August 2009, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 2010, News Releases 15 July 2009, Kilpatrick Stockton Recognized by Prestigious 2009 Legal 500 US, News Releases 15 June 2009, Kilpatrick Stockton Once Again Earns Highest Recognition From Chambers USA, News Releases 25 March 2009, Kilpatrick Stockton Recognized for IP Coups, News Releases 02 March 2009, Kilpatrick Stockton Ranked Number One in Five Georgia Super Lawyer Categories, News Releases |