Jennifer A. Van Kirk

Jennifer A. Van Kirk

Partner vCard
602.262.0203 office
602.734.3885 fax
201 East Washington Street
Suite 1200
Phoenix, AZ 85004

Ms. Van Kirk is a partner in the firm’s Intellectual Property and Technology practice group. Her practice focuses on ‎trademark, copyright, Internet and gTLD issues. She is the only Arizona lawyer featured in the International Bar Association’s Who’s Who Legal – ‎Trademarks. Rated "AV/Preeminent Attorney" by Martindale-Hubbell, she has also been featured as a ‎top young business leader in the Phoenix Business Journal's "40 Under 40."

Trademark Prosecution and Brand Protection. Ms. Van Kirk counsels clients on all aspects of ‎trademark and brand protection, including trademark clearance, prosecution, licensing, portfolio ‎management, and litigation guidance. Her experience includes traditional marks as well as 3-‎dimensional marks, motion marks, service trade dress, and packaging trade dress.

With a network of trademark agents in nearly every country, Ms. Van Kirk has particular experience ‎helping clients secure and protect trademark rights around the world. She assists in securing ‎worldwide portfolios for new brands and streamlining portfolios for long-established brands. Her ‎international trademark experience includes advising clients on what global registrations to pursue, ‎filing strategies to maximize coverage, what form the mark should take, cost-containment options, and ‎which trademarks to secure. She has overseen dozens of cases before foreign tribunals to protect her ‎clients' IP interests. ‎

Trademark Enforcement. On the trademark enforcement side, Ms. Van Kirk manages the policing ‎programs of several prominent clients including one of the world’s top spas, a federal government ‎agency, a multi-billion dollar tool manufacturer, the leading e-cigarette company, and an international ‎bakery and restaurant franchise with over 130 stores globally.

She has also coordinated anti-counterfeiting programs in the Far East and has extensive experience ‎litigating before the Trademark Trial and Appeal Board. When necessary, she defends her clients ‎against infringement allegations made by other companies. ‎

Internet IP and gTLDs. Ms. Van Kirk regularly counsels clients on Internet-related intellectual ‎property issues. She has considerable experience with domain name disputes, having represented ‎clients in dozens of successful arbitration proceedings under the Uniform Domain Dispute Resolution ‎Policy (UDRP). ‎

In the area of generic top-level domains (gTLDs), Ms. Van Kirk assists clients with filing gTLD ‎applications, filing objections to gTLD applications made by others, and helping her clients submit ‎public comments to ICANN about gTLD policies. She also counsels clients about recording with ‎ICANN’s Trademark Clearinghouse and other rights protection mechanisms. ‎

Copyright Protection. Ms. Van Kirk helps clients protect their copyrights through formal ‎registrations, licensing agreements, and enforcement actions. She has negotiated licenses between her ‎clients and major motion picture studios, merchandising firms and rights organizations including BMI, ‎MPLC and the CCC. When necessary, she represents clients whose copyrights have been infringed by ‎third parties.‎

Other IP Experience. Ms. Van Kirk has experience in disputes involving trade secret misappropriation, ‎false advertising, and violations of restrictive covenants. ‎

Firm Leadership. In 2013, Ms. Van Kirk was elected to serve on Lewis Roca Rothgerber Christie’s Executive Committee.

Representative Matters

  • Represented the U.S. Postal Service in United States Postal Service v. Lost Key Rewards, Inc., wherein the Trademark Trial and Appeal Board ruled in favor of the client’s opposition to the Lost Key mark on the grounds that there was a likelihood of confusion and a false association with an institution.
  • Co-authored the motion for summary judgment in Zipee v. United States Postal Service, wherein the court ruled that “Postal Service” is a protectable trademark and the unauthorized registration of constituted infringement and cybersquatting.
  • Secured international trademark portfolio for a leading e-cigarette company by filing trademark applications in 100+ countries.
  • Created and implemented an international trademark enforcement and policing program for the spa ranked #1 in the world 11 times by Conde Nast Traveler.
  • Coordinated anti-counterfeiting efforts for an electronics manufacturer. 
  • Drafted and assisted in the implementation of intellectual property policies for a software company.

Related Publications

  • Author, "Internet Sweepstakes, Contests and Games," Bloomberg Law Reports-Intellectual Property
  • Author, "Supreme Court to Hear Fair Use Case," Thomson & Thomson's Client Times
  • Author, "Will Mickey Ever Die? The Supreme Court Upholds the Copyright Term Extension Act," Arizona Attorney
  • Author, "The Madrid Protocol and Latin America," INTA Bulletin
  • Author, "Websites Not Subject to Lanham Act," INTA Bulletin
  • Author, "Domain Name Disables Under ACPA," INTA Bulletin
  • Author, "U.S. Supreme Court Requires Actual Dilution in Recent Federal Claim," INTA Bulletin
  • Author, "Free Speech Defeats Barbie Claim," INTA Bulletin
  • Author, "ACPA's In Rem Jurisdiction Limited to Home District of Registrar," INTA Bulletin
  • Contributing Author, American Health Lawyer Association’s Health Information and Technology Practice Guide
  • Author, "Tootsie, Barbie and Publicity Rights," The Corporate Counselor
  • Author, "FTC Shuts Down Cybersquatter," INTA Bulletin
  • Author, "Charities Struggle to Protect Marks," INTA Bulletin
  • Author, "The TTAB and Dilution," INTA Bulletin
  • Author, "USPTO Amends U.S. Trademark Classification System," INTA Bulletin
  • Author, "Goldfish Cracker Case Upholds Emerging Claim," The National Law Journal


Other Publications


  • The Best Lawyers in America - "Lawyer of the Year", Woodward/White, Aiken, S.C. - Copyright and Trademark Law, 2013-2017
  • AZ Business Magazine - Top Lawyers - Intellectual Property Law and Information Technology Law, 2010
  • 2014 IP Handbook - IP Star - Managing Intellectual Property, 2014

Other Info


J.D., magna cum laude, University of Illinois College of Law, 1996
B.A., cum laude, University of Illinois, 1993, Phi Beta Kappa

Bar Admissions

Arizona, 1999
Illinois, 1996

Court Admissions

U.S. Court of Appeals, Seventh Circuit
U.S. District Court for the District of Arizona
U.S. District Court, Northern District of Illinois
U.S. District Court, Central District of Illinois
U.S. District Court, Colorado

Memberships & Affiliations

  • Arizona State Bar Committee for State Trademark Law Reform, Former Co-Chair
  • Childsplay Inc, Board of Trustees Member
  • International Trademark Association, Former Subcommittee Chair for the Bulletin