Hope Hamilton is vice-chair of the firm’s Intellectual Property Rights Group and is also a member of the firm’s Litigation Group.
Ms. Hamilton has broad litigation experience and has developed particular experience in the areas of trademark, false advertising, unfair competition, domain names, copyright, and gray market and counterfeit goods cases. She litigates in U.S. federal courts and before the Trademark Trial and Appeal Board. She has won important rulings that have defined the law, including on matters related to the doctrine of foreign equivalents, standing to assert federal trademark infringement, and the availability of reasonable royalty damages in the absence of prior licensing negotiations. Clients have observed Ms. Hamilton’s creativity in approaching litigation and her overall responsiveness, efficiency, effectiveness, and expertise in her field.
Ms. Hamilton’s practice also includes pre-litigation trademark and copyright enforcement, particularly in connection with Internet and keyword advertising, social media, domain names, and e-commerce. Her clients also seek her counsel on trademark and trade dress selection, clearance, prosecution, registration, and maintenance.
Ms. Hamilton is also a long-standing member of the International Trademark Association and has served on the Parallel-Imports Committee, North American Subcommittee since 2010.
- Second chaired successful trial against Quiksilver on behalf of World Marketing (owners of the VISITOR clothing brand), in which a unanimous jury found that Quiksilver had willfully infringed World Marketing’s trademark and awarded $3.625 million in damages. Case involved application of a reasonable royalty damages model, notwithstanding that the parties’ had no prior licensing relationship. QS Wholesale, Inc. v. World Marketing, Inc., Case No. 8:12-cv-00451 (C.D. Cal.).
- National counsel to The American Automobile Association, Inc. in trademark, unfair competition, and false advertising litigation and domain name disputes before federal courts, National Arbitration Forum, and World Intellectual Property Organization. First-chair trial counsel in trademark dilution, infringement, and cybersquatting case scheduled for trial in February 2014, AAA v. AAA Clubs of America, Inc., No. 1:13-cv-20345-CMA (S.D. Fla.).
- Helped lead the team that obtained complete dismissal of a lawsuit in which an agent of the Russian Federation sought to claw back the famous STOLICHNAYA vodka brand owned by our client SPI. In August 2013, the Second Circuit affirmed the district court’s 2011 decision, holding that the Russian Federation’s agent lacked standing to assert trademark infringement and related remedial claims under the Lanham Act, all of which require that only the purported “owner” of the infringed marks (the Russian Federation). Case involved novel issues of standing as an “assign” or “legal representative.” Federal Treasury Enterprises Sojuzplodoimport, et al. v. Spirits International B.V., et al., No. 11-4109, 726 F.3d 62 (2d. Cir. 2013).
- Helped lead team that obtained successful resolution of false advertising claims brought against SPI by competitor concerning labeling and advertising of STOLICHNAYA vodka. Russian Standard Vodka (USA), Inc. v. Allied Domecq Spirits & Wine USA, Inc., No. 06 Civ. 9915 (RJS) (S.D.N.Y.).
- Successfully represented Spirits International B.V. in appeal to the Federal Circuit concerning registration of the trademark MOSKOVSKAYA, In re Spirits International, 563 F.3d 1347 (Fed. Cir. 2009). Redefined the application of the doctrine of foreign equivalents in assessing marks that are allegedly primarily geographically misdescriptive.
- Successfully represented Shoe Show, Inc. in appeal to the Fifth Circuit Court of Appeals concerning a breach of contract claim, Almeda Mall, L.P. v. Shoe Show, Inc., No. 10-20587, 649 F.3d 389 (5th Cir. 2011).
Honors and Rankings
- Named by World Trademark Review as of the “Top 1000 World’s Leading Trademark Professionals” (2014)
- Washington DC Super Lawyers, "Rising Star" (2013)
- Legal 500 US, Intellectual Property - Trademarks: Litigation (2013)
- Argued appeal to the Trademark Trial and Appeal Board on behalf of the District of Columbia to obtain a federal trademark registration for its official seal design. In re The Government of The District of Columbia, No. 12-1418.
- Represented Washington Humane Society in connection with successful settlement and dismissal of federal class action lawsuit, Daskalea v. Washington Humane Society, No. 03-CV-2074 (D.D.C.).
- Represent several residents of the District of Columbia and argued successful appeal to the D.C. Court of Appeals in a housing dispute, Graham v. Lanier Associates, No. 10-CV-0675 (D.C. Court of Appeals).
Publications and Speeches
- "Avoiding Lack of Bona Fide Intent and Fraud on the PTO Risks," CLE Presentation (October 2011)
- "Responses To Document Requests Can Be Fatal!," Law360 (8/26/2011)
- "Up-to-date Basics of Copyright & Trademark Law," ALI-ABA Sponsored CLE (May 2010)