Attorney Kelu Sullivan of Kelly IP.

About

For over a decade, Kelu Sullivan has helped clients select, register, and enforce their trademarks. Kelu represents her clients in all aspects of trademark and copyright law, including portfolio management, licensing, and litigation. Kelu is particularly experienced in the management of large international trademark portfolios and working with clients’ legal and business departments to achieve desired outcomes that are in sync with their business goals. Kelu represents clients in federal district and appellate courts, managing every aspect of litigation, from complaints, to discovery, to presentation of the case in front juries. She has also presented difficult trademark cases on appeal, and successfully overturned three lower tribunal decisions.

Prior to joining Kelly IP, Kelu was a partner at BakerHostetler in Washington, DC.

Highlights

Globefill Inc. v. Elements Spirits, Inc. and Kim Brandi (9th Cir.)

Overturned jury verdict on the basis of attorney misconduct.

Globefill Inc. v. Elements Spirits, Inc. and Kim Brandi (9th Cir.)

Overturned District Court decision to dismiss the case on the basis that trade dress was functional.

Cold War Museum, Inc. v. Cold War Air Museum Inc. (Fed. Cir.)

Overturned TTAB decision to cancel the trademark COLD WAR MUSEUM and reinstated the registration for COLD WAR MUSEUM. The Court clarified that a registered trademark is presumed to be valid and the petitioner must rebut the evidence of acquired distinctiveness.

Trademark Portfolio Management

Manages large international trademark portfolios, including nearly the entire trademark portfolio for a global diversified technology and industrial leader, manages all enforcement, and licensing needs globally.

Trademark Clearing

Searched and Cleared thousands of trademarks on behalf of industrial, commercial and consumer brands around the world.

Licence Agreements

Negotiate and draft intellectual property license agreements.

Due Diligence

Perform intellectual property and information technology due diligence on behalf of medical devices and energy companies.

Recognitions

  • Asian Pacific Bar Association: Member Appreciation Award for Membership
  • Washington, D.C., Super Lawyer “Rising Star” (2014-2016)

Affiliations

  • Association of Intellectual Property Firms: Trademarks Committee Vice Chair (2018-Present)
  • District of Columbia Bar Association: Trademark Committee (2014-2015), Young Lawyers Committee Co-Vice Chair (2011-2014), CHIP Award Committee (2011)
  • Bar Association of the District of Columbia: Trademarks Committee Chair (2013-2014)
  • Intellectual Property Owners Association: Open-Source Committee: Vice Chair (2011-2012)
  • Asian Pacific American Bar Association: Educational Fund: Board of Directors (2009-2011)
  • American Bar Association: Intellectual Property Section, Annual Review of Intellectual Property Law Developments (2010)
  • American Intellectual Property Law Association
  • International Trademark Association
  • University of Iowa College of Law Saul Lefkowitz Moot Court Team, Coach (2018-Present)

Publications

  • Tips on Trademark Office Action Responses, Landslide Magazine, May/June 2020
  • Discovery Tips Under the Amended TTAB Rules, Lexology, 2017
  • Orphan Works at the Dawn of Digitization, Richmond Journal of Law & Technology, 2011.
  • Supreme Court Amicus Brief on behalf of the Bar Association of District of Columbia in ABC, Inc. v. Aereo

Public Speaking

  • “Best Practices for Responding to Trademark Office Actions,” ABA June 2020
  • Presenter, “Responding to Trademark Office Action: Assessing Response Alternatives and Persuading the Examiner,” Strafford, January 2020.
  • Moderator, “Beyond Words and Logos: Non-Traditional Trademarks Around the World,” Association of Intellectual Property Firms, Webinar, November 2019.
  • Presenter, “Demonstrating Use in Commerce for Trademark Applications,” Strafford, October 2019.
  • Moderator, “International Trademark Enforcement in the Digital Age,” Association of Intellectual Property Firms, Crystal City, Virginia, September 2019.
  • Presenter, “Searching Trademarks, Trademark Bootcamp,” American Intellectual Property Law Association, Crystal City, Virginia, June 2019.
  • Presenter, “Responding to Trademark Office Action: Assessing Response Alternatives and Persuading the Examiner,” Strafford, September 2018.
  • Moderator, “Intellectual Property Enforcement in China,” U.S. Patent and Trademark Office: China IP Roadshow, Iowa City, Iowa, August 2018.
  • Presenter, “Searching Trademarks, Trademark Bootcamp,” American Intellectual Property Law Association, Crystal City, Virginia, June 2018.
  • Presenter, “Responding to Trademark Office Action: Assessing Response Alternatives and Persuading the Examiner,” Strafford, November 2017.

Admissions

  • District of Columbia
  • Virginia
  • Iowa
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Supreme Court

Education

  • University of Virginia School of Law, J.D., 2007
  • George Mason University, B.A., cum laude, 2004