Kristine Young is a partner in the Intellectual Property group of Mayer Brown’s Chicago office. She has a broad range of experience encompassing litigation in federal and state court, transactional work and matters before the United States Patent and Trademark Office (USPTO), Trademark Trial and Appeal Board (TTAB) and the WIPO Arbitration and Mediation Center. Kristine’s practice encompasses intellectual property litigation (trademark, copyright, trade secret and domain name); false advertising litigation; trademark prosecution, enforcement and counseling; copyright counseling; domain name enforcement and Uniform Dispute Resolution (UDRP) proceedings; patent counseling; advertising and brand management; licensing and restructuring; corporate transactions; and internet privacy counseling.
Litigation, Dispute Resolution and Online Enforcement
Kristine’s practice consists of trademark, false advertising, trade secret, domain name, copyright, unfair competition and breach of contract litigation in federal and state courts. Her experience includes trademark opposition and cancellation proceedings before the TTAB as well as domain name litigation under the Anti-Cybersquatting Consumer Protection Act (ACPA) and the UDRP.
Additionally, Kristine advises clients regarding enforcement strategies and procedures related to trademark and copyright infringement on social media, content sharing and e-commerce websites, and she handles all aspects of these enforcement procedures, including take down requests and navigating the safe-harbor provisions of the Digital Millennium Copyright Act (DMCA). Kristine has also represented a pro bono client in a criminal appeal before the Seventh Circuit and has defended clients against Whistleblower claims under the Sarbanes-Oxley Act.
Anti-Counterfeiting Strategy and Enforcement
Kristine advises and executes domestic and international anti-counterfeiting strategies, including working with US Customs and Border Protection and like organizations in other jurisdictions to help stop counterfeit goods at the point of entry. Kristine also assists clients in enforcement actions against counterfeiters at varying stages of the supply chain, including in federal court actions and by working with law enforcement, to prevent and curtail the illegal manufacture, distribution and sale of counterfeit goods. Her experience also includes combating counterfeit goods in online and on-the-ground marketplaces.
Prosecution, Strategy and Counseling
Kristine manages the global trademark portfolios of numerous clients and advises clients regarding clearance, preparation, prosecution and maintenance of domestic and foreign trademarks and copyrights. Her experience includes preparing, filing and prosecuting trademark applications as well as counseling clients on trademark availability, procurement and protection, developing trademark use manuals and advising on trademark watch services and strategies.
Kristine counsels clients regarding copyright protection, registration and enforcement and also has experience advising clients about donations of copyrighted works to charitable organizations. Using her background in computer information systems, she also performs freedom-to-operate assessments related to computer technologies and systems.
Advertising and Brand Management
Kristine assists clients with developing advertising campaigns and in the selection and clearance of advertising slogans and materials. She also advises clients regarding right to publicity and privacy concerns as well copyright and trademark considerations, and consults clients regarding the use of materials on websites and social media pages in light of relevant copyright and trademark issues.
Corporate Transactions, Licensing, Restructuring and Internet Privacy
Kristine is seasoned in various aspects of intellectual property licensing relating to domestic and international intellectual property rights, including the licensing of patent rights, trademarks, copyrights, technical know-how, trade secrets and computer software. She also has experience with inter-affiliate patent licensing and the restructuring of intellectual property portfolios.
Kristine advises on intellectual property aspects of commercial transactions including public and private mergers, acquisitions, joint ventures and strategic alliances for US, foreign and multinational corporations, both publicly and privately held. Kristine also consults clients regarding website privacy policies and practices and federal and state data privacy laws.
Certifications and Prior Work
Kristine is a Certified Public Accountant (CPA). Prior to joining Mayer Brown she worked for a “big four” accounting firm in the IT Risk Assurance practice.
- Represented Nespresso USA in Section 43(a) trade-dress infringement case concerning retailer’s competing espresso capsules. (Nespresso USA, Inc. v. Williams-Sonoma, Inc. (USDC SDNY)).
- Represented Nespresso USA in a trademark and trade dress infringement action under the Lanham Act against Africa America Coffee Trading Co. d/b/a Libretto alleging that Libretto promoted and sold coffee capsules for use with Nespresso’s machines by designing its capsules and packaging to be nearly identical to Nespresso’s famous trade dress. Won a permanent injunction enjoining Libretto from using Nespresso’s trademarks and trade dress or any marks that may be calculated to falsely imply sponsorship by or affiliation with Nespresso. (Nespresso USA, Inc. v. Africa America Coffee Trading Co. LLC, (USDC SDNY)).
- Represented one of the largest manufacturers of engines and related parts in a trademark infringement and counterfeiting matter, which resulted in the issuance of a temporary restraining order, permanent injunction and judgment against the defendants. (USDC SD Ind.).
- Represented Nespresso USA in a trademark and trade dress infringement action under the Lanham Act against Ameruss of NY, Inc. and related TTAB opposition proceedings, which resolved on favorable terms. (Nespresso USA, Inc. v. Ameruss of NY, Inc. (USDC SDNY; TTAB)).
- Represented 3M in securing a temporary restraining order and preliminary injunction in a precedential case under Lanham Act involving price-gouging of PPE during COVID-19. The court held that the defendant’s use of 3M’s trademark in conjunction with price-gouging threatened 3M with irreparable harm to its reputation and goodwill. (3M Co. v. Performance Supply, LLC (USDC SDNY)).
- Represented a college athletic conference in a matter involving trademark and cybersquatting that resulted in a judgment against the defendant and the issuance of a permanent injunction. (USDC ND IL).
- Represented Purina in a years-long federal false advertising litigation between competitors. After categorically denying Purina’s allegations, discovery efforts forced Blue Buffalo to admit that its ingredient advertising and labeling was false. The litigation was subsequently settled in mediation. (Nestle Purina PetCare Co. v. Blue Buffalo (USDC EDMO)).
- Successfully represented a machinery and engine manufacturer in a breach of contract action against a rouge licensee resulting in a default judgment being entered against the defendant. (USDC CD IL).
- Represented a global food company in defending against trademark infringement claims brought by a competitor that resulted in an expeditious and favorable resolution. (USDC CO).
- Represented a restaurant group in a trademark infringement matter that resulted in a favorable settlement, dismissal of the lawsuit and an efficient resolution. (USDC SDNY).
- Represented a Fortune 500 company in numerous successful UDRP proceedings that resulted in recovery of domain names incorporating the company’s famous trademarks and that were being used for fraudulent and/or infringing purposes. (WIPO 2015, 2018, 2019, 2021).
- Represented a financial services company in successfully cancelling a third-party trademark registration that was blocking the company’s core house mark from achieving federally registered status. (TTAB 2021).
- Represented one of the largest global consulting firms in the successful shuttering of websites and associated email addresses that were being used to perpetrate fraud. (WIPO 2019).
- Represented a large manufacturer and seller of food products in a $11.85 billion dollar acquisition of an infant nutrition business.
- Represented a luxury hotel chain in the successful enforcement of its trademark rights against an infringer.
- Represented a manufacturer of food products in successfully cancelling a third party trademark registration for non-use. (TTAB 2016).
University of Illinois, JD
magna cum laude
Dean’s List; Elder Law Journal
Certified Public Accountant, Illinois
Indiana University, BA in Accounting and Computer Information Systems