March 02, 2020
Global Vice Chair of the Intellectual Property Litigation Practice Jennifer Barry has been named to The Daily Transcript’s “Influential Women of San Diego” list, recognizing the “top leaders in their companies and industries in San Diego."
Her published profile highlighted her intellectual property and trademark litigation accomplishments, as well as her successful litigations before federal and state court, as well as the Patent and Trial and Appeal Board. The Daily Transcript particularly recognized her work representing Funko, marker of the POP! collectibles, in trademark cases filed California federal court. One trademark infringement lawsuit centered on the registered MYSTERY MINIS mark, which Funko uses with its “blind box” product packaging to conceal the identity of the character inside, resulted in a settlement that prohibits the Defendants from ever using the MYSTERY MINIS term again. Another success came in a lawsuit filed against Funko by Gibson Guitars, which claimed that Funko’s figurines of famous rock bands (Guns ‘N’ Roses, KISS, Metallica) infringed Gibson’s trade dress rights in the shapes of its Les Paul and Flying V guitars. After an early motion resulted in Gibson withdrawing several claims that it initially asserted, the case settled on favorable terms.
Barry described the fun and challenge of the work she does, saying, “Trademark law, before the internet, followed certain parameters. But now, there are so many different, creative ways that people are using and abusing trademarks, and the statutes are just decades behind."