Jennifer Barry is a partner in the Litigation Department of Latham & Watkins’ San Diego office. She specializes in all aspects of general commercial litigation and intellectual property, including:
- Trademark and trade dress infringement counseling and litigation
- Trademark prosecution and worldwide trademark portfolio management
- Trademark licensing counseling and litigation
- False advertising and unfair competition counseling and litigation
- Copyright counseling and litigation
- Trade secrets counseling and litigation
- Defamation and right of publicity counseling and litigation
Having successfully litigated before numerous federal and state courts and the Patent and Trademark Office's Trademark Trial and Appeal Board, Ms. Barry has extensive expertise in both procedural and substantive law in these areas.
Ms. Barry has specialized expertise in internet law and has handled domain name portfolio management and recovery of domain names in front of the World Intellectual Property Organization, the National Arbitration Forum and the ADR.EU Center of the Czech Arbitration Court. She has also worked extensively on social networking and website/e-commerce issues and has been invited to speak on several panels in this area.
Ms. Barry actively participates in the International Trademark Association (INTA), and serves on the Internet Committee/Online Trademark Use Subcommittee, including the Keywords and Web 2.0 Working Groups. She is a member of the State Bar of California, the San Diego County Bar Association and Federal Bar Association.
Ms. Barry's experience includes representation of:
- America Chung Nam, the largest exporter of recycled paper in the US, in a three-week trade secret jury trial in Los Angeles, resulting in a judgment of US$18.1 million, including US$5 million in punitive damages
- Ansel Adams Trust, in a trademark, copyright and false advertising case in California
- Bare Escentuals, in a trademark and trade dress infringement suit in New York in which Bare Escentuals won on summary judgment
- Jurlique, in a multi-country trademark infringement lawsuit and related Trademark Office proceedings
- Paul Frank, in a multi-country trademark infringement and counterfeiting lawsuit
- Skullcandy, in several trade secret and trademark cases
- Symantec, in a counterfeiting and domain name case in California
Ms. Barry has appeared and argued in numerous federal and state court proceedings. In addition to the America Chung Name trial, she first-chaired a seven-day state court jury trial involving professional negligence, after which the jury returned a unanimous verdict for the client, and subsequently successfully argued the appeal in that case in front of the California Court of Appeal; and also second-chaired a federal bench trial involving Title VII racial discrimination.
Ms. Barry frequently writes and presents on IP-related topics. Her most recent presentation include:
- “Fair Use and Infringement: Pinterest and Other Social Media,” Strafford Publications (2013)
- "Emerging Trademark Threat @ Twitter, Facebook, MySpace," Strafford Publications (2012-2009)
- “Pin This: Copyright and Other IP Issues with Pinterest and Similar Social Media,” Association of Corporate Counsel – San Diego (2013)
- "Introduction to Domain Names and Cybersquatting," Association of Corporate Counsel – San Diego (2012)
- “Trademark Tips for Adopting and Using New Brands (a.k.a. How to Keep the Peace With Your Marketing Department),” Association of Corporate Counsel – San Diego (2012)
- “Watch What You Tweet: Perils of Using Social Networking Sites,” Association of Corporate Counsel – San Diego (2009)
Most recently, she was quoted in the October 14, 2013 Daily Journal article “Godfather Director Sues a Coppola Wine Seller,” the July 9, 2013 Daily Journal article “Alcohol Industry’s Use of Social Media,” and the April 30, 2013 San Diego Daily Transcript article “Social Media Use Can Lead to Ethical Dilemmas.” In February 2010, she was also quoted in the Daily Journal article “Social Media Creates New Challenges.”