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