Cheryl L. Burbach
Partner
Specialties:
Copyright, IP Litigation, Trade Secret, Trademark
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Cheryl L. Burbach
Cheryl joined Hovey Williams in 2003. She has focused her practice exclusively on trademark, copyright, trade secret, and related intellectual property matters. Cheryl’s litigation practice has included trademark, copyright, and trade secret litigation in different courts throughout the nation. She regularly practices in trademark opposition and cancellations before the Trademark Trial and Appeal Board. She also prosecutes and defends her clients in domain name dispute proceedings before the World Intellectual Property Organization, the National Arbitration Forum, and the American Arbitration Association.
Cheryl’s business counseling practice has included assisting a wide range of intellectual property, Internet, marketing, and newly formed companies with matters as diverse as prosecuting trademark and copyright applications, managing a large trademark portfolio, creating company-wide intellectual property identification and protection programs, creating comprehensive employee trade secret protection programs, and licensing.
Presentations and Publications
- Speaker, “Protect and Serve: Navigating Trademarks for Your Clients,” Kansas Bar, January 2010
- Speaker, “Basics of Intellectual Property Law for the Non-IP Lawyer,” Missouri Bar, December 2009
- Speaker, “The Basics of Trademark Law,” Missouri Bar Association webinar, December 2008
- Speaker, “The Issues of Recent Developments Regarding Domain Names and Related Disputes,” Lawyers Association of Kansas City, December 2008
- Author, “An Intellectual Property Checklist for Websites,” AWL Link, March 2007
- Speaker, “Lost: Navigating the Jungle of Intellectual Property Law,” October 2007
- Speaker, “The Madrid Protocol,” 2002
Education
- University of Missouri-Kansas City—Juris Doctor, 1999
- Washburn University—Bachelor of Arts, Political Science, 1994
- Washburn University—Bachelor of Arts, English Literature, 1993
Memberships
- International Trademark Association (INTA)
- Generic Top-Level Domain Subcommittee of the Internet Committee, 2010-2012
- Kansas City Metropolitan Bar Association (KCMBA)
- Vice Chair, Patent, Trademark & Copyright Committee, 2010
- Association for Women Lawyers of Greater Kansas City (AWLKC)
- American Bar Association (ABA)
- Kansas Bar Association (KBA)
- Member, Patent, Trademark & Copyright Committee
- Missouri Bar Association (MoBar)
- Member, Patent, Trademark & Copyright Committee
Bar Admissions
- Missouri, 1999
- Kansas, 2008
- U.S. District Court, District of Colorado, 2003
- U.S. Court of Appeals for the Federal Circuit, 2001
- U.S. District Court, District of Kansas, 2000
- U.S. District Court, Western District of Missouri, 1999
Reported Cases
- Iron Man Magazine v. World Triathlon Corporation, Opposition No. 91167894, (TTAB sustained opposition, holding that IRONMAN for nutritional supplements confusingly similar to IRON MAN and IRON MAN MAGAZINE for publications focusing or containing information on nutritional supplements)
- American Italian Pasta Company v. Barilla Alimentara S.p.A., Opposition No. 91161373, (TTAB sustained opposition, finding that AMERICA’S FAVORITE PASTA was a protectable trademark, acquired distinctiveness, and was confusingly similar to BARILLA - AMERICA’S FAVORITE PASTA)
- First Horizon Corporation v. Christopher Colwell, Opposition No. 91158548 (TTAB sustained opposition, finding that REALTY UNITED confusingly similar with UNITED)
- Silpada Designs, Inc. v. O’Malley, Case No. 04-cv-2302, United States District Court for the District of Kansas (district court granted preliminary and permanent injunction based on trademark infringement of SILPADA and awarded attorneys’ fees)
- Clergy Services, Inc. v. Trott, Case No. 01-cv-640, United States District Court for the Western District of Missouri (District Court entered judgment finding trademark infringement and awarded $1million in statutory damages for counterfeiting)
- The Chamberlain Group v. MVP of America, Inc., Case No. 099-cv-1121, United States District Court for the Western District of Missouri (granting preliminary injunction in patent infringement lawsuit)