Kathleen A. Brown

Kathleen Brown is co-chair of Procopio’s Action Sports and Apparel Practice Group. She has extensive international experience in the practice of patent, trademark and copyright law. Her practice encompasses U.S. and foreign trademark opposition and cancellation proceedings, infringement matters, and patent, trademark and copyright litigation and anti-counterfeiting. She has in-depth expertise in a broad range of sectors including financial services, food and beverages, consumer products, transportation systems, fitness equipment, technology and action sports products and services.

Ms. Brown provides strategic product portfolio management for clients including worldwide trademark monitoring to identify conflicting applications and potential counterfeiting and infringement, identification of the potential financial impact and then prioritizing appropriate enforcement actions. She also evaluates new product packaging and counsels clients in connection with choice of protectable marks. She's handled numerous patent, trademark and copyright protection and litigation matters relating to lubricants, artwork, household products, pet foods, nutritional supplements, bicycle racing components, surf apparel, entertainers, software, defense, medical devices and fare collection systems to name a few.

Ms. Brown has handled numerous opposition cancellation proceedings before the United States Trademark Trial and Appeal Board. She has broad experience handling international trademark portfolios, infringement and counterfeiting matters.

Ms. Brown has also handled numerous patent, trademark and copyright litigation matters in a wide range of fields, including medical instruments, sports and exercise equipment, household products, computer software, clothing, furniture, photography, art and music.

She is registered to practice before the U.S. Patent and Trademark Office and is admitted to the State Bar of California as well as many federal district and appellate courts.

Prior to joining Procopio, Ms. Brown was a partner at Brown, Martin, Haller & McClain.

Representative Matters

Representative Intellectual Property Litigation Matters

• Managed hundreds of infringement litigation and counterfeit matters worldwide for a consumer product company.
• Represented a surf apparel company accused of trademark infringement and successfully negotiated a settlement that benefited the client.
• Represented a photographer accused of copyright infringement by a post card company and obtained a favorable outcome.
• Represented a large insurance company accused of copyright infringement and successfully negotiated a settlement that avoided millions of dollars of exposure.
• Represented a sculpture company in a copyright infringement action and obtained a favorable stipulated judgment for the client along with damages and an injunction.
• Represented a foreign manufacturing company in a patent infringement action related to a cheese packaging machine and negotiated a favorable settlement.
• Represented a client making wind chimes accused of trade dress infringement action and prevailed.
• Represented clients on hundreds of matters before the Trademark Trial and Appeal Board.

Representative Intellectual Property Counseling Matters

• Assisted in the development of a worldwide anti-counterfeiting strategy for a consumer product company.
• Counseled hundreds of clients regarding choice of brand names and developing successful brand protection strategies.
• Manage worldwide intellectual property portfolios for international clients.
• Prepared and reviewed license agreements for numerous clients.
• Handled numerous U.S. trademark matters for foreign clients.

Ms. Brown received a Bachelor of Science degree in Zoology from San Diego State University and a law degree from the University of San Diego School of Law.

Ms. Brown’s memberships include the Intellectual Property Section of the California and San Diego County Bar associations, the San Diego Intellectual Property Law Association, which she served as president, the International Trademark Association, AIPLA, Federal Bar Association, the San Diego Lawyers Club, UCSD Athena and the San Diego Rotary Club, for which she serves as Co-Chair of the YAHO Committee (Young Adult Homeless Outreach).  She also serves as pro bono legal counsel to the San Diego Volunteer Lawyers Program, handling special education cases, and pro bono copyright counsel for the Missionaries of Charity.

Recent News Coverage

• Stevens-Huffman, Leslie. "Protect Your Brands - Registering and policing your trademarks," SmartBusiness San Diego, April 2008.

Recent Seminars and Speeches

• "Lawyers Guns or Money: When is Your Lawyer the Right Weapon?" Ladies Who Launch, San Diego, CA, April 13, 2011.
• “What Every Business Owner Should Know About Protecting Their Intellectual Property: Special Tips for the Action Sports Industry,” ASR, San Diego , CA, August 13, 2010.
• “Create it, Brand it, and Learn to Protect it,” ASR Trade Show Seminar, San Diego, CA, February 3, 2010.
• “Prevent Knockoffs and Protect Your Brand,” Carlsbad Chamber of Commerce, Carlsbad, CA, September 9, 2008.
• "Prevent Knockoffs! Learn how to Protect Your Products and Your Brand," ASR Expo, San Diego, CA, January 25, 2008.