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Kristina Rosette counsels a wide array of clients on a broad range of Internet, trademark, and intellectual property matters.
Ms. Rosette has extensive expertise in domain name matters. She is the Intellectual Property Constituency (IPC) (North America) representative to the ICANN Generic Names Supporting Organization Council, which develops and recommends to the ICANN Board of Directors the substantive policies relating to the domain name system, including such matters as generic top level domains (gTLDs) and Whois. Ms. Rosette is deeply involved in ICANN policy development relating to Whois, domain tasting, and the introduction of new gTLDs. She negotiated the terms and passage of the recent GNSO Council motion that ended the policy development process on Whois and avoided radical change to it; wrote and implemented the IPC Supplemental Request for Information on Domain Tasting that provided trademark owners with the opportunity to articulate to ICANN the harms caused by domain tasting; and chaired the ICANN Protecting the Rights of Others Working Group, which was charged with identifying and recommending “best practices” for the protection of trademark rights in the launch of new gTLDs. Ms. Rosette prepared comments on an ICANN Preliminary Task Force Report on Whois to which 12 firm clients became signatories.
She has reclaimed almost 200 domain names from cybersquatters and other registrants through negotiation, arbitration, and litigation. Ms. Rosette develops and implements offensive and defensive global domain name registration, Internet monitoring, and Internet enforcement strategies. She advises clients on issues ranging from the use of keywords and sponsored links to the use of trademarks in search engine optimization to strategies for identifying and responding to domain name “tasting.” Ms. Rosette frequently conducts intellectual property audits of websites, and has the leading role within the firm on writing client alerts and advising firm clients on ICANN, legislative, and case law developments relating to domain names, and trademark-related Internet issues.
In her trademark practice, Ms. Rosette advises clients on trademark selection, clearance, prosecution, registration, and enforcement matters in the United States and many foreign countries. She is principal trademark counsel to, among others, a luxury casino hotel resort, a national sports federation, a global satellite company, and a leading distributor of financial services and products. Ms. Rosette has wide-ranging experience in negotiating and drafting trademark licenses, assignments, security, and other associated transactional documents, and frequently performs due diligence reviews arising from corporate transactions. She represents clients in Trademark Trial and Appeal Board proceedings and in federal court litigation. In addition, Ms. Rosette assists clients with issues of trademark dilution, counterfeiting, trade dress, false and misleading advertising, and rights of publicity.
Representative Matters
- Developed and implemented a brand protection and Internet enforcement strategy for a luxury casino hotel resort.
- Litigated to favorable settlement the right to register key marks for a leading distributor of financial services and products against a challenge by one of the world’s largest reinsurers.
- Filed the first .mobi Sunrise Challenge and reclaimed numerous domain names for clients through demand letters and arbitration proceedings under the UDRP and other dispute policies.
- Negotiated and wrote the retail program and license agreement for a destination resort client’s highly successful e-commerce retail store.
- Wrote the Content Agreement for a joint venture involving a satirical newspaper and an internationally recognized newspaper.
Honors and Rankings
- Recipient of the 2007 Volunteer Service Award for the Advancement of the Association, International Trademark Association.
- Recognized as a leading lawyer by Legal 500 US in their “IP – non-contentious/transactional: Trademarks – full coverage” category (2007).
Pro Bono
- Trademark counsel to Children’s Defense Fund.
- Advised Smithsonian Institution’s Office of General Counsel on Internet-related trademark developments.
Memberships and Affiliations
- International Trademark Association, Internet Committee, Registration Practice and DNS Administration Subcommittee, Chair (2008-2009) and Member (2004-2007)
- ICANN GNSO Council, Intellectual Property Constituency (North America) representative (2006-present)
- International Trademark Association, Internet Committee, Registration Practice and DNS Administration Subcommittee (2004-present)
- American Bar Association, Intellectual Property Law Section, Special Committee on Online Trademark Issues (2005-present)
- Women’s Bar Association of the District of Columbia (2004-present)
Publications and Speeches
- "New Opportunities and Potential Pitfalls of the New TTAB Rules," Trademark World (April 2008), Co-Author
- "Internet Hot Topics," U.S. Patent & Trademark Office, Trademark Trial and Appeal Board (3/6/2008)
- "ICANN Update Webinar," (2/21/2008)
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