William H. Brewster specializes in trademark, false advertising, and unfair competition litigation. He has appeared in courtrooms across the country, including jury and bench trials, handled dozens of preliminary injunction and summary judgment motions, and argued numerous appeals. Mr. Brewster also has participated in arbitrations in trademark and advertising cases, as well as proceedings before the Trademark Trial and Appeal Board and the NAD. He currently is co-chair of the firm’s 100-lawyer Trademark & Copyright Team.
Mr. Brewster is widely recognized as one of the top IP litigators in the country. In 2008, he was lead trial counsel in adidas v. Payless, obtaining the largest jury verdict and the largest judgment ever entered in a trademark case. In 2002, IP Worldwide featured Mr. Brewster among “The Magnificent Seven: IP’s Best Young Trial Lawyers.”
According to World Trademark Review, which ranks him in the top tier for US Enforcement and Litigation, “the ‘sensational’ Bill Brewster consistently ranks among the nation’s premier litigators.'” They also have noted that “the superlative [Mr. Brewster] cuts a dash in the courtroom and has ‘impeccable customer service skills.'”
Legal 500 lists the firm as one of two Tier 1 trademark litigation practices, and named it Trademark Litigation Team of the Year in 2014, noting client comments regarding the team’s “‘excellent legal and industry knowledge, very short response times, and valuable advice.'” Legal 500 also lists Mr. Brewster as among the eight “Leading Lawyers” in US Trademark Litigation, noting “extensive appellate and trial experience” and that clients say he is “‘a great lawyer, easy to work with and responsive.'”
Chambers USA lists Mr. Brewster in the top tier, and the firm as one of the top 5 trademark and copyright practices in the US, referring to the team’s “renowned copyright and trademark offering.” Mr. Brewster has been in The Best Lawyers in America® for over twenty years, and currently is listed in IP Litigation, Trademark Law, and Advertising Law. Other recognition includes:
- Benchmark: Litigation: “National Litigation Star” – IP; “Litigation Star” – Georgia
- Managing Intellectual Property: “IP Star”
- Managing IP North America: “Georgia IP Litigator of the Year”
- Lawdragon : Top 500 lawyers in the US
- Georgia “Legal Elite”/”Super Lawyer”: IP and IP Litigation
- Martindale-Hubbell: AV® rated*
Starting in 2001, Mr. Brewster served as the firm’s Managing Partner for six years. In that role, he was responsible for strategic planning and client service, as well as the firm’s day-to-day business. During his tenure, he was the youngest managing partner of any AmLaw 200 firm, and the firm opened in New York and expanded strategic practice areas. His service as Managing Partner followed his tenure as Chair of the IP Department, and provided him with unique mid-career, first-hand experience involving clients and their businesses, as well as the legal profession.
Mr. Brewster serves on the firm’s Pro Bono Committee, and received the inaugural Intellectual Property Community Service Award from the State Bar, recognizing his pro bono work and time as Chair of the Board of Special Olympics Georgia. For fourteen years, Mr. Brewster taught trademark law as an adjunct professor at Emory University School of Law; he also taught ethics as an adjunct at the University of Virginia School of Law. He is a member of the Lawyers Club of Atlanta, Capital City Club, and Farmington Country Club.
*CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure’s standards and policies.
- Served as lead counsel for Georgia-Pacific Consumer Products LP in the defense of our client against a trademark infringement suit. The plaintiff voluntarily dismissed the claim after the court denied its motion for preliminary injunction. Procter & Gamble Co. v. Georgia-Pacific Consumer Prods. LP, No. 1:09-cv-00318 (S.D. Ohio Aug. 3, 2009).
- Represented Georgia-Pacific in false advertising litigation against major competitor. Successfully settled prior to preliminary injunction hearing. Georgia-Pacific Consumer Products LP v. The Procter & Gamble Company, Case No. 1:09-CV-0729 (N.D. GA 2009).
- The firm served as lead counsel on behalf of the world’s premier and most diversified sports, entertainment, and media company, and co-defendant for infringement of a South Carolina tennis teaching professional’s U.S. patent relating to a hybrid tennis court. The patent covers a tennis court having one type of surface (such as grass) on one side of the net and a different surface (such as clay) on the opposite side. The plaintiff sued the client because it promoted a match between the top two tennis players in the world on a half grass-half clay tennis court called Battle of the Surfaces. The problem with the plaintiff’s case was the match took place in Spain, which required the tennis court to be in Spain as well. Since she possessed only a U.S. patent, the plaintiff attempted to create new law by alleging that televising the match in the U.S. and the use of images of the court on web sites promoting the match in the U.S. should constitute infringing “use” of the tennis court. Judge Joseph Anderson of the U.S. District Court for the District of South Carolina, Rock Hill Division, disagreed and granted motions in favor of our client to dismiss the complaint. The U.S. Court of Appeals for the Federal Circuit affirmed Judge Anderson’s decision.
- The firm served as lead trial counsel for Hulu LLC, a news corporation, and NBC Universal collaborative venture in the suit related to the launch of Hulu.com. The firm successfully defeated an attempt by a Web publishing firm, Lulu Enterprises, to obtain a preliminary injunction that would have delayed the website launch of the much-anticipated Hulu.com, a website portal that offers downloadable premium video content consisting of hit television shows such as The Office, Heroes, 24, The Simpsons, Prison Break and House.
- Successfully represented Georgia-Pacific in the expedited arbitration of a case involving false advertising claims in its competitor’s nationwide television, radio, and print campaign for paper towels. Obtained injunction and award of attorneys’ fees. Georgia-Pacific Corp. v. The Procter & Gamble Co., No. 03-2957 (N.D. Ga. filed Aug. 30, 2003).
- Represented adidas America Inc. and adidas-Salomon AG in trademark infringement litigation against Payless Shoesource involving the defendant’s infringing use of the well-known and distinctive adidas Three-Stripe Mark. Following a 14-day trial and two days of deliberation, the jury found unanimously in adidas’ favor on all seven claims, including trademark infringement, trade-dress infringement, unfair competition and unlawful and deceptive trade practices. The jury awarded $305 million in monetary relief, including $137 million in punitive damages. This verdict was the largest in history for a trademark infringement case. Following entry of final judgment in excess of $60 million, the parties later settled for an undisclosed amount. adidas America Inc. v. Payless Shoesource Inc., No. CV01-1655 (D. Or. Nov. 11, 2008).
- University of Virginia School of Law, J.D. (1987)
- Emory University, M.A., Political Science (1984)
- Emory University, B.A., Political Science and Economics (1984)
- New York
- Georgia Supreme Court
- Georgia Court of Appeals
- U.S. District Court for the Northern District of Georgia
- U.S. District Court for the Middle District of Georgia
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Northern District of New York
- U.S. District Court for the Southern District of New York
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Ninth Circuit
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