Susan E. Hollander

For decades, Hollander has specialized in protecting big name businesses from trademark infringement by defending her clients from confusing imitations that hurt their brands.

Her client list includes high-profile individuals and companies such as Francis Coppola Industries and packaged seafood company Chicken of the Sea.

Chicken of the Sea’s famous mermaid logo is such an iconic component to the company’s brand, said Hollander, and the crux of the legal standard when protecting it is to prove the likelihood of confusion among public consumers.

“I think in all trademark cases, your most vital hurdle is to show that there is going to be confusion as to affiliation between the brands, which can hurt sales and dilute the brand,” she said.

When the owner of a brand is less able to control consumer perception about the brand, it can be very damaging, Hollander said.

She’s currently set for trial to begin June 22 in a fight to again protect Chicken of the Sea’s mermaid logo against Otis McAllister Inc. Tri Union Seafoods Inc., dba Chicken of the Sea International v. Otis McAllister Inc., 17-CV06646 (N.D. Cal., filed Nov. 17, 2017).

In the case, Hollander is seeking to prevent the use of the mermaid design on canned tuna, according to court documents.

“We also do trademark clearances with new brands they want to use, so that they don’t end up in trouble themselves in infringing someone else’s brands,” she said.

Hollander also represented 24 Hour Fitness and ADP Payroll as lead counsel in several trademark infringement cases.

She was working on a doctorate degree in philosophy before entering law school, which she says helps her think theoretically and critically in the courtroom.

“I always liked the theoretical, esoteric aspects of law,” she said. “I’m always much more interested in seeing what consumers have to say, and put myself in the place as a consumer. It’s interesting to see what their reactions are because that’s what ultimately also guides the jury’s reaction.”

Consumer surveys are a regular protocol for Hollander when preparing a trademark case, “and one of the more interesting parts of my practice,” she said, as it helps prepare to tell a story to a judge or jury.

“This is a really fun area of law. There’s a lot of room for creativity, and that’s been consistent for me for 30 years,” she said.

— Gina Kim