Jennifer Barry is Global Vice Chair of Latham & Watkins’ Intellectual Property Litigation Practice and a partner in the San Diego office. She represents clients in all aspects of general commercial litigation with a particular focus on intellectual property, including:
- Trademark and trade dress infringement litigation, counseling, 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
Ms. Barry offers clients extensive expertise in both procedural and substantive law, as she has successfully litigated before numerous federal and state courts as well as the Patent and Trademark Office's Trademark Trial and Appeal Board.
Ms. Barry has specialized expertise in internet law and has successfully handled domain name portfolio management and recovery of domain names before 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 has served on the Internet Committee/Online Trademark Use Subcommittee, including the Keywords and Web 2.0 Working Groups.
Ms. Barry's representative client matters include:
- Serving in a leading role for craigslist in a suit against website scrapers alleging violations of the Computer Fraud and Abuse Act, trespass, trademark infringement, copyright infringement, violations of the CAN-SPAM Act, and unfair competition. In its annual Top Verdicts of 2015 feature, the Daily Journal selected this case as a Top Plaintiffs’ Verdicts by Impact in California.
- Serving in a leading role for America Chung Nam, Inc., the largest exporter of recycled paper in the US, as plaintiff 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. In its annual Top Verdicts of 2013 feature, the Daily Journal selected this case as a Top Plaintiffs' Verdicts by Impact in California.
- Successfully represented LogMeIn, Inc. in a trademark infringement matter in Indiana
- Safeway Inc. and its subsidiary Dominick’s Finer Foods in post-trial motions and the appeal of a jury verdict in a publicity dispute with Michael Jordan
- Represented Yucaipa Companies in a trademark infringement and abandonment action involving Aloha Airlines
- Behr in a trademark infringement lawsuit in federal court in California
- City of Hope in a trademark infringement lawsuit in federal court in Kentucky
- Symantec Corporation in a counterfeiting and trademark infringement case in federal court in California
- Successfully representing the Ansel Adams Trust, in a trademark, copyright, and false advertising case in California
- Successfully representing Paul Frank in a multi-country trademark infringement and counterfeiting lawsuit
- Successfully defending Skullcandy in a trade secret lawsuit in Utah, as well as representing the company in several trademark cases
- Prevailing on summary judgment on trademark and trade dress infringement claims in New York for Bare Escentuals
- Successfully handling a multi-country trademark infringement lawsuit and related Trademark Office proceedings for Jurlique
- First-chaired a seven-day state court jury trial involving professional negligence and successfully argued the appeal in front of the California Court of Appeal
- Second-chaired a federal bench trial in July 2004 involving Title VII racial discrimination
- Extensive experience in TTAB and domain name arbitration proceedings
Ms. Barry frequently writes, presents, and comments on IP-related topics. Her recent presentations include:
- “Trademarks, Competitive Advertising, and AdWords – An Added Value, Liability, or Unnecessary Complexity?” Association of Corporate Counsel, 2017
- “Fair Use and Infringement: Pinterest and Other Social Media,” Strafford Publications, 2016, 2014 & 2013
- “Don’t Defame Me Bro! Combating Anonymous Online Defamation Via Legal Action in California,” Association of Corporate Counsel, 2015
- "Data Security Risks and Ethical and Fiduciary Obligations: Hot Topics and Latest Developments," Latham & Watkins Seminar, 2015
- “You Lie! False Advertising Trends and Recent Supreme Court Cases,” Association of Corporate Counsel – San Diego, 2014
- "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),” WBT Innovation Marketplace, 2012 and Association of Corporate Counsel – San Diego, 2012
- “Watch What You Tweet: Perils of Using Social Networking Sites,” Association of Corporate Counsel – San Diego, 2009
- Mentioned in the April 02, 2015 Law360 article "Craigslist Submits $2.1M Judgment Deal In Site Scraping Suit"
- Quoted in the August 15, 2014 San Diego Business Journal article "You Can't Take it With You"
- Quoted in the October 14, 2013 Daily Journal article "Godfather Director Sues a Coppola Wine Seller"
- Quoted in the July 9, 2013 Daily Journal article “Alcohol Industry’s Use of Social Media”
- Quoted in the April 30, 2013 San Diego Daily Transcript article “Social Media Use Can Lead to Ethical Dilemmas”
- Quoted in the February 2010 Daily Journal article “Social Media Creates New Challenges”