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Katherine Keating focuses her practice on intellectual property, media, and First Amendment issues.

Ms. Keating counsels clients on a wide range of intellectual property issues, including trademark, copyright, and rights of publicity. Her trademark work covers all aspects of brand protection, including selecting and clearing marks, obtaining and maintaining registrations, and enforcing trademark and related rights in the United States and throughout the world. She has managed extensive global trademark portfolios, directly handling all aspects of domestic disputes and directing the handling of international disputes.

Ms. Keating’s dispute experience includes state and federal trademark, copyright, First Amendment, anti-SLAPP, and open government litigation, as well as matters before the Trademark Trial and Appeal Board. Ms. Keating is also experienced in resolving domain name disputes, including proceedings under the UDRP. 

Ms. Keating’s appellate work has ranged from appeals in media and access cases to amicus briefs in high-profile social justice cases, including in marriage equality cases before the United States Supreme Court.

Before law, Ms. Keating worked on marketing, business administration, and production for various entertainment-oriented Internet start-up companies, experience that helps her view client issues through a practical lens.

Civic Involvement & Honors

    • Lambda Legal – Executive Committee Member, San Francisco Leadership Council (2015 to present)
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Professional Affiliations

    • California Bar Association
    • International Trademark Association - Chair of INTA Opposition and Cancellation Subcommittee, 2010–2011
    • Bay Area Lawyers for Individual Freedom
    • International Trademark Association - Chair of INTA Opposition and Cancellation Subcommittee, 2010–2011
    • Bay Area Lawyers for Individual Freedom
    • Bay Area Lawyers for Individual Freedom
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Representative Experience

  • Advise leading wireless technology industry association in all aspects of global brand protection, including management of large international trademark portfolio
  • Assist major digital publishing and marketplace platform in developing and executing ongoing domestic brand protection strategy
  • Assist provider of leading mobile social media app in a wide range of trademark and copyright issues, including enforcement and registration of intellectual property assets
  • Lead counsel for major video game company in successful opposition proceedings before Trademark Trial and Appeal Board
  • Member of litigation team in successful defense of provider of leading online mapping software against state law claims based on pedestrian injury
  • Assist financial institution in complex trademark dispute, including proceedings before Trademark Trial and Appeal Board
  • Member of litigation team in successful defense of class action challenging use of federally registered certification marks as ratings for movies depicting tobacco use
  • Member of litigation team in successful actions by major Internet company against fraudulent work-from-home schemes
  • Assist various faith-based organizations in intellectual property disputes
  • Member of litigation team in successful defense of action based on mobile application takedown and related copyright and Lanham Act issues
  • Assist fintech startup with trademark protection issues
  • Lead counsel for national apparel retailer in opposition and cancellation proceedings before Trademark Trial and Appeal Board
  • Assist U.S. and European winemakers with trademark protection issues
  • Member of litigation team in successful First Amendment challenges to delays in court record access

Publications

  • Co-author, “What Legal Recognition Of Marriage Means – And Doesn’t Mean – For Same-Sex Couples In The United States And What This Might Mean For Europe,” Global Banking & Finance Review, 2015
  • Contributor, “The Right to Know: A Guide to Public Access and Media Law," 2007
  • Co-author, “United States,” World Trademark Law Report Yearbook, 2005
  • Co-author, “Gag Orders in High Profile Cases” in Media Access and Newsgathering in High Profile Cases, Media Law Resource Center Bulletin 2004 No. 4 Part 3, Jan. 2005
  • Co-author, “Creators Must Publish Older Works or Lose 45 Years of Copyright Protection,” San Francisco Daily Journal, August 19, 2002