Baker Botts
Firm overview:
Clients appreciate the one-stop-shop for trademark matters at global law firm Baker Botts, which has a full-service trademark practice. The firm’s Branding, Advertising & Copyright team takes a holistic approach to clients’ branding needs, with trademark prosecution experts well versed in the potential “pains” of litigation, and litigators trained in the non-contentious phases of the cycle.
From brand clearance to worldwide trademark protection and litigation, the team handles trademark issues for clients across a wide array of industries. Baker Botts has built up long-term relationships with clients, leveraging its integrated approach to provide business-focused advice. When contentious matters cannot be avoided, the firm fields a team of experienced lawyers who have represented clients in hundreds of proceedings before the Trademark Trial and Appeal Board (TTAB), as well as federal courts and forums around the world.
Team overview:
Baker Botts ensures its team is equipped to advise on matters at the intersection of trademark, trade dress, advertising, and copyright law. The firm endeavours to foster strong collaboration between its offices and has built an inclusive, integrated team.
Paul Reilly and Suzanne Hengl co-chair the Branding, Advertising & Copyright practice. The team operates from Baker Botts’ offices in Dallas, New York, Austin, London, and Palo Alto.
Hengl helps clients secure, protect, promote and defend their brands and creative works from creation through litigation. She endeavours to find business-oriented solutions for clients and has fostered long-term relationships with major clients through taking a holistic approach to their branding needs.
A trademark and copyright specialist, Reilly’s clients have included PepsiCo, Quaker Oats, Frito-Lay and Gatorade, among others. Reilly goes above and beyond to deliver a high quality service to clients, and has been widely recognised for his IP litigation work.
Key matters:
- TTAB victory for PepsiCo
Baker Botts has worked with PepsiCo on IP issues, including trademark, trade dress, unfair competition, advertising and copyright, for over 20 years. The team has advised the global beverage giant on clearance and adoption of numerous marks, rebranding projects, and enforcement matters.
Recently, the team secured a victory for PepsiCo following a trial before the TTAB, successfully opposing an application for ‘Pet C Cola’ for animal supplements. The board agreed with PepsiCo on its dilution by blurring the claim, finding for the first time that Pepsi-Cola is a famous brand. Paul Reilly led the team.
- Trademark, advertising and acquisition-related advice for Fujifilm
Led by Suzanne Hengl and Julie Albert, the team manages registrations and applications for Fujifilm and its affiliates’ domestic and international trademark portfolio. The work has included providing clearance and strategic advice on trademark and advertising matters, as well as representing Fujifilm in connection with IP acquisitions.
- San Antonio Winery v Anheurser Busch InBev
Baker Botts represented Anheuser Busch in San Antonio Winery v Anheuser Busch InBev in California State Court for breach of contract involving a coexistence agreement over SAW’s use and registration of the word mark ‘Stella Rosa' for wines and in a dispute before the TTAB in which the team opposed the registration of the word mark ‘Stella Rosa' for non-alcoholic wines in Class 32. The case was favourably settled.
Clients:
Anheuser Busch, Athena, Cricut, Delek, Docker, Dril-Quip, DXC Technology, Florian Mack and Sky Optical, Haggar Clothing, FUJIFILM/NGB, Frito-Lay North America, KISS Nail Products, Mastercard, PepsiCo, Plex, Safelite Group, Tencent, Tenet Healthcare, TikTok (ByteDance), Trinity Industries, Wayfarers Chapel, Yamaha Guitar Group
