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May 24, 2017

Susan E. Hollander

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Venable LLP San Francisco

Susan E. Hollander

When Hollander made the jump from K&L Gates LLP to Venable a year ago, she brought a unique philosophy and a loyal client list. As a partner in Venable's intellectual property litigation group, she's turned that philosophy into a series of positive outcomes for those clients and her new firm.

"Trademark cases are more theoretical," she said. "It's more an exercise of the mind."

Hollander's long-term clients include health club chain 24 Hour Fitness Worldwide Inc. and Tri-Union Seafoods LLC, which operates canned tuna maker Chicken of the Sea International. At any one time, she said, she will have a dozen matters pertaining to protecting the power behind her clients' brands.

To illustrate the threat of trademark and IP infringement, she points to Pilates, which went from a brand name to a catchall category of exercise, similar to yoga or kickboxing.

"There was no third-party enforcement done to stop the generic use of 'Pilates,'" she said. "I specialize in preventing that kind of genericism."

GMYL LP, owner of the trademarks related to film director Francis Ford Coppola's entrepreneurial businesses, is one of Hollander's most active clients and her track record of success in trademark and trade dress infringement cases for the company continued at the end of April with a favorable settlement between the company and Copa da Vino, an Oregon-based wine company. On April 25, a judge ordered Copa da Vino to "cease all production, manufacturing, bottling, packaging, labeling, distribution, marketing, and/or sale of wine sold under the Copa Co Trade Dress." GMYL L.P. v. Martin et al, 2:2016cv06518 (C.D. Cal., filed Aug. 30, 2016).

"Trade dress cases are really interesting because the test is subjective," Hollander said. "The test is whether the consumer public would be confused and that's a subjective test so there's a lot of room for creativity."

A graduate of UC Berkeley School of Law, Hollander said her "theoretical bend" is what makes her so successful in her specific area of practice.

"I was interested in philosophy even before I went to law school," she said. "I came out of the box doing trademark."

— Paula Lehman-Ewing

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