| KATHRYN J. FRITZ |
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| Emphasis |
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Commercial Litigation |
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Copyright |
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Trademark |
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Trade Secrets |
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Unfair Competition |
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| Profile |
Ms. Fritz's practice concentrates on business and intellectual property litigation. She has litigated cases in numerous federal and state courts throughout the country and represented clients through alternative dispute mechanisms. She has represented and advised software publishers, computer hardware manufacturers, telecommunications companies, Internet businesses, entertainment companies, traditional media publishers and consumer products companies in disputes involving a wide variety of commercial and intellectual property issues, including copyright, defamation, trademark, trade dress, advertising, right of publicity, trade secret and unfair competition matters.
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| Education |
Georgetown University Law Center, J.D. cum laude, Research Editor of the American Criminal Law Review, 1985 University of California, Santa Barbara, B.A. in political science, magna cum laude, Phi Beta Kappa, and University of California Regents' Scholar, 1981
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| Admitted to Practice |
Member of the state bars of California and New York and admitted to practice before the United States District Court for the Southern and Eastern Districts of New York, for the Northern, Eastern, Central and Southern Districts of California, and the United States Courts of Appeal for the Second, Fifth and Ninth Circuits. |
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| Additional Information |
Ms. Fritz is a member of Litigation and Intellectual Property Sections of the California Bar Association and the American Bar Association, and the Association of the Bar of the City of New York, and a former member of the Board of Directors of the Bar Association of San Francisco. She writes and speaks regularly on intellectual property issues, and teaches an advanced trademark law seminar at Boalt School of Law (University of California, Berkeley).
LITIGATION EXPERTISE
TRADEMARKS, RIGHT OF PUBLICITY
Altera Corp. v. Alternative Living Services, Inc., U.S.D.C., N.D. Cal. (defended trademark infringement action relating to use of ALTERA name and successfully defeated application for temporary restraining order and motion for preliminary injunction, which was affirmed on appeal).
David White Instruments Ltd. v. TLZ, Inc., U.S.D.C., N.D. Ill. (defended trade dress infringement action and successfully defeated application for temporary restraining order).
Medic Alert, Inc. v. Corel Corp., U.S.D.C., N.D. Ill. (defended trademark infringement action involving alleged inclusion of Medic Alert logo in software clip art product). Decision at Medic Alert Foundation, Inc. v. Corel Corporation, 43 F.Supp.2d 933 (N.D. Ill. 1999) (granting motion for summary judgment and dismissing case against defendant).
Lyon v. Corel Corp., Superior Court, San Diego County (defended right of publicity action against software publisher over inclusion of photograph in software clip-art product).
The Republic of Tea, Inc. v. Golden Moon Tea Ltd., U.S.D.C., N.D. Cal. (defended trade dress infringement action; plaintiff dismissed after defendant filed summary judgment motion).
Kaplan v. The Chronicle Publishing Co., Superior Court, San Francisco County & U.S.D.C., N.D. Cal. (defended trade name and trademark infringement action arising from defendant's use of GIFTWORKS as trademark and publishing division name; defeated preliminary injunction motion).
Silicon Image, Inc. v. Schrank (prevailed in ICANN proceeding and federal court action to obtain domain name www.siliconimage.com).
Sun Microsystems, Inc. v. Astro-Med, Inc., U.S.D.C., N.D. Cal. (prosecuted trademark infringement action over use of SUNDANCE on printer product). Decision at Sun Microsystems, Inc. v. Astro-Med, Inc., 39 U.S.P.Q.2d (BNA) 1144 (N.D. Cal. 1996) (granting preliminary injunction motion and enjoining use of SUNDANCE on computer printer product).
Sun Microsystems, Inc. v. SunRiver Corp., et al. U.S.D.C., N.D. Cal.(prosecuted trademark infringement action over use of SUNRIVER). Decision at Sun Microsystems, Inc. v. SunRiver Corp., et al., 36 U.S.P.Q.2d (BNA) 1266 (N.D. Cal. 1995) (granting motion for preliminary injunction, enjoining defendants' use of SUNRIVER as trademark or trade name).
COPYRIGHT
Bridgeman Art Library v. Corel Corp., U.S.D.C., S.D.N.Y. (defended copyright and trademark infringement action over use of images in CD-ROMs). Decision at Bridgeman Art Library, Ltd. v. Corel Corp., 25 F.Supp.2d 421 (S.D.N.Y. 1998) (granting summary judgment for defendant on copyright and trademark claims), affirmed on reconsideration 36 F.Supp.2d 191 (S.D.N.Y. 1999).
Micrografx, Inc. v. Corel Corp., U.S.D.C., N.D. Tex. (defended copyright infringement action; defeated preliminary injunction motion after evidentiary hearing).
Dynamic Microprocessor Assocs. v. EKD Computer Sales & Supplies Corp., U.S.D.C., E.D.N.Y. (prosecuted copyright and trademark infringement action against former software manufacturing licensee; obtained ex parte temporary restraining order and preliminary injunction, affirmed on appeal, and prevailed on summary judgment motion). Decision at Dynamic Microprocessor Assocs. v. EKD Computer Sales & Supplies Corp., 1997 U.S. Dist. LEXIS 6337 (E.D.N.Y. March 18, 1997), adopting 1997 U.S. Dist. LEXIS 6283 (E.D.N.Y. April 14, 1997) (granting summary judgment motion).
DEFAMATION
Berlinger v. Corel Corp., U.S.D.C., C.D. Cal. (obtained summary judgment for defendant software publisher in defamation action involving inclusion of alleged defamatory material in software product, which was affirmed on appeal). Unpublished opinion at Berlinger v. Corel Corp. 2000 U.S. App. LEXIS 8061 (9th Cir. 2000).
TRADE SECRETS
Borland Int'l, Inc. v. Symantec Corp., Superior Court, Santa Cruz County (defended trade secret misappropriation action against former employee and his new employer, claiming that trade secrets misappropriated through electronic mail).
PRESENTATIONS AND PUBLICATIONS
PRESENTATIONS
Fall 1999-present, Adjunct Instructor, Trademark Law Seminar (Boalt Hall School of Law, University of California, Berkeley).
June 2009, Ethical Aspects of Privacy and Information Security for Lawyers (PLI 10th Annual Institute on Privacy and Security Law).
March 2008, Practicing What We Preach: Current Issues In Information Management, Legal Practice And Legal Ethics, (PLI 9th Annual Institute on Privacy and Security Law).
June 2007, Information Ethics for Lawyers (PLI 8th Annual Institute on Privacy and Security Law).
January 2005, Trademark Issues in Advertising (Lorman Education).
May 2001, Ethics Issues in Attorney Web Sites (Computer Law Association).
March 2001, Napster (Hastings Computer Law Symposium).
October 1999, Advanced Course of Study: Intellectual Property Litigation (Continuing Education of the Bar).
May 1999, The Discovery and Admissibility of Electronic Evidence (Continuing Education of the Bar).
PUBLICATIONS
Digitized da Vinci: Copyright Protection May Not Extend to Most Reproductions of Public Domain Artwork, Daily Journal (December 17, 1999).
Double-Click: Trademark Fair Use on the Web, Daily Journal (June 20, 1997).
Comparative Advertising in the United States, Managing Intellectual Property (Euromoney Publications, Nov. 1996).
Note, Criminal Copyright Infringement, White-Collar Crime: Third Annual Survey of Law, 22 AM. CRIM. L. REV. 324 (1985). |
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