Kimberly B. Herman
Massachusetts
Sullivan & Worcester LLP
1 Post Office Square
Boston, MA 02109
United States
Tel: 617 338 2943
Email:
kherman@sullivanlaw.com
Web:
www.sullivanlaw.com
Kim is a partner in the Boston office of Sullivan & Worcester LLP and leads the firm’s Intellectual Property, Technology and Media & Entertainment Groups. Her practice spans the United States, Europe, Asia and the Middle East. Kim’s practice is varied and extensive and includes advising clients on numerous issues relating to licensing, copyrights, trademarks, patents and trade secrets.
Kim conducts audits and provides strategic counseling to assist clients in identifying, protecting and exploiting key intellectual property assets and represents clients in a wide variety of trademark and copyright enforcement and defense matters. In addition, she advises clients in responding to claims of infringement of adversely held trademarks and copyrights, prepares and responds to cease and desist letters regarding the same, and provides advice on litigation, litigation settlements and mediation.
Kim also has specialized expertise in business strategy and negotiating in-bound and out-bound transactions and drafting related agreements for a wide range of commercial deals and litigation settlements in the media and entertainment, software (including open source, SaaS and business software platforms) and life sciences industries.
Kim is experienced in the unique challenges posed by Government Contracts that federal agencies routinely award such as Cooperative Research and Development Agreements (CRADAs) and Technology Transfer Agreements. She has significant experience negotiating these agreements and advising contracting companies on the risks involved and how to protect intellectual property. Selecting the right agreement isn’t a simple endeavor because it involves many factors including the nature of what the contracting party is supplying and how the Government will use it.
Kim has been ranked in World Trademark Review 1000, The World’s Leading Trademark Professionals each year since 2015. Clients describe her as “incredibly responsive” and “always looking out for your company’s interest.” She has also been recognized in the WTR’s Global Leaders Guide, which identifies the “best of the best” in trademark practice. In 2021, Kim was named a “Go To IP Lawyer” by Massachusetts Lawyers Weekly.
Kim is a guest speaker at Northeastern University in Boston, where she speaks on developments in intellectual property law, copyright, fair use and First Amendment issues. She completed the courses “Museums and the Law;” “Museum Exhibition Content Development;” “History of Museums;” and “Collections Management: Issues and Solutions” at Harvard University.
Sullivan’s intellectual property lawyers draw on their business judgment and legal insight to create cost-effective and innovative solutions to clients’ intellectual property issues. We handle matters worldwide, including:
Trademark Prosecution and Counseling. Sullivan’s trademark lawyers provide business-minded advice on a complete range of issues that impact U.S. and global brand management. Our services include trademark clearance searches and opinions, prosecuting trademark applications, performing portfolio audits, negotiating and drafting brand licensing agreements, and providing analysis and due diligence for transactional matters.
Copyright and Content Clearance. Sullivan helps its clients realize the full benefit of their copyright assets and prevent the loss of valuable rights. Our services include copyright clearances, ownership searches and opinions, copyright registrations, fair use analysis, content clearance, infringement investigations and litigation. We also advise media and production companies, independent filmmakers, advertising agencies and major brands on clearance of news, documentary, feature film and advertising video content for television and digital broadcast.
Patents. Sullivan’s lawyers are skilled in all phases of the patent process, including prosecution of individual patent applications, as well as handling patent disputes and litigation. Our team of experienced patent attorneys leverages deep industry knowledge to navigate the complex technical and legal challenges our clients face, with several members of our team having worked as in-house counsel across a range of services and industries, particularly in the life sciences sector.
Licensing. Sullivan represents clients as both sellers and purchasers of commercial licensing rights. Our team negotiates licensing agreements involving a comprehensive array of products and services, including transactions that involve complex software applications. We design transactions to establish the most effective business advantage for our clients, protect the assets from infringement and maximize the return on investment.
Litigation and Enforcement. Sullivan’s litigation group defends the intellectual property rights of domestic and foreign consumer product, hospitality and entertainment, media, high-tech and life sciences clients, multinational corporations and startup ventures. We represent clients in trademark, unfair competition, false advertising, copyright, trade secret, patent, antitrust, product liability, and related disputes in the federal and state courts and before the Trademark Trial and Appeal Board.