Joan K. Archer

Ms. Archer, who was named one of the Top 50 Women Attorneys in Missouri and Kansas by Super Lawyers each of the past two years, has extensive experience trying intellectual property matters, including trademark, copyright, patent, unfair competition, and trade secret cases, as well as complex business litigation matters.

Ms. Archer also tries a variety of cases in other areas of law, including those in the areas of complex business litigation, environmental litigation, product liability litigation, securities litigation and arbitrations, municipal litigation and appeals. Ms. Archer’s courtroom experience includes having first- or second-chaired over ten jury trials, bench trials and preliminary injunction hearings.Ms. Archer is well-versed in the use of trial presentation technologies and graphics. In Ms. Archer’s capacity as president of Archer Jury Focus, LLC, she conducted focus groups, performed videotaped witness preparation, completed post-verdict jury interviews, and was involved in several mock trials and hearings, including Markman and appellate hearings.

Ms. Archer’s practice also includes counseling clients on trademark and copyright disputes, prosecuting applications before the U.S. Patent and Trademark Office, and litigating trademark opposition and cancellation proceedings. Ms. Archer has handled many disputes involving the Internet, including those concerning domain names and black-market software. She also has managed trademark policing programs, especially those involving Internet infringement.

Ms. Archer’s significant experience includes:

• Tried several numerous trademark and trade dress infringement cases, including several for financial services institutions. In one case that Ms. Archer first-chaired, Security Bank of Southwest Missouri v. Security Bank, she was retained to replace counsel after a temporary restraining order (“TRO”) was entered against the defendant. She succeeded in getting the TRO reversed and the request for a preliminary injunction denied. A favorable settlement subsequently was obtained for her client. She also was lead counsel in another financial services trademark infringement case, Leader Mortgage Company v. U.S. Bancorp, N.A., that resulted in a favorable settlement for U.S. Bank. 
• Counsel for the world’s largest seminar company.
• Counsel for The Recording Industry Association of America in four states, combating infringing music downloads. 
• First-chaired several trademark and copyright cases that involved computer software and Internet-related issues. 
• Litigated several consumer product trademark cases, including one involving a national restaurant chain (Applebee’s International, Inc. v. Societe Des Produits Nestle, S.A.), and another that centered on the trade dress of a nationally famous dog treat (S&M Nutec, LLC v. TFH Publications, Inc.). Both resulted in favorable settlements for her clients. 
• Lead counsel in the landmark electronic discovery case, Balboa Threadworks, Inc. v. Stucky, in the U.S. District Court for the District of Kansas. Successfully settled copyright and infringement claims using electronic evidence obtained from defendants’ computers. 
• Obtained a favorable settlement in a breach of contract/covenant not to compete action involving a major animal health company. 
• Obtained favorable settlements in action brought against part suppliers seeking reimbursement of costs associated with litigation and a product recall due to the defective parts. 
• First-chaired several trademark opposition matters before the U.S. Patent and Trademark Office and the Trademark Trial & Appeal Board. 
• Litigated several patent cases and patent arbitration and Markman hearings. 
• First-chaired a lengthy N.A.S.D. securities arbitration hearing. 
• Tried several false arrest and malicious prosecution cases and obtained jury verdicts on behalf of the defendants. 
• Obtained a favorable settlement in a breach of contract action on behalf of a national seminar company (Progressive Business Publications, Inc. v. SkillPath Seminars). 

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• Successfully litigated major Robinson-Patman Act antitrust case on behalf of largest cattle growth implant manufacturer in the United States (Walco International Inc. v. Ivy Animal Health Inc.). 
• Successful settlement for defendant Internet marketer in trademark infringement action following preliminary injunction hearing (Chemidex v. Chemdex). 
• Litigated breach of contract and unauthorized biography case involving famous rock star (Huff v. Sammy Hagar). 
• Litigated covenant not to compete case involving national greeting cards manufacturer (Hallmark Cards Inc. v. Callison).
• Obtained entry of a summary judgment in a substantial business litigation matter on behalf of a local limited liability company against a nationally famous investment company (Lynch Multimedia, et al. v. Carson, et al.). 
• Performed trial consulting services in a wide variety of business litigation and product liability matters, including witness preparation, development of trial graphics, preparation of opening arguments and closing statements, general trial presentation services and post-trial jury research. 
• Performs extensive reviews of product designs to assess intellectual property issues for leading national retailer. 
• Manages trademark portfolio of the largest seminar company in the world (SkillPath Seminars). 
• Tried several civil tort jury trials and obtained favorable verdicts.

Court Memberships

• Kansas
• Missouri
• U.S. Court of Appeals for the Eighth Circuit
• U.S. Court of Appeals for the Tenth Circuit
• U.S. District Court for the District of Kansas
• U.S. District Court for the Western District of Missouri

Honors

• Selected as the Kansas Bar Association Intellectual Property Lawyer of the Year, 2012
• Selected as co-chair of the ABA’s Pretrial Practice and Discovery Committee, Section of Litigation, 2011 
• Super Lawyers, Top 50 Women Attorneys in Missouri and Kansas, 2010, 2011
• Best of the Bar by the Kansas City Business Journal, 2009 - 2011
• Selected for Missouri/Kansas Super Lawyers, 2009 - 2011
• Martindale-Hubbell® “AV” Rating
• American Bar Association, Litigation Section, Outstanding Subcommittee Chair, 2008
• Kansas Law Review, Managing Editor & Staff Member, 1990-1992
• Payne & Jones Appellate Advocacy Award, 1990
• American Jurisprudence Award in Constitutional Law I and II
• Judicial Clerkship Clinic, Judge Michael J. Malone, Kansas District Court, 1991

Professional Affiliations

• American Bar Association
• Kansas Bar Association
• The Missouri Bar
• INTA Opposition & Cancellation Standards & Procedures Subcommittee of the Enforcement Committee, 2012 – 2013
• ABA Section of Litigation, Co-Chair Pretrial Practice and Discovery Committee, 2011-Present
• ABA Section of Litigation, Co-Chair Expert Witness Committee, 2008-2011
• ABA Section of Litigation, Task Force on Expert Witness Code of Ethics, Member, 2010-2011
• ABA Section of Litigation, Special Committee on Jury Innovations, 2009-2010
• ABA Section of Litigation, Expert Witness Committee, Program Subcommittee Co-Chair, 2006-2008 
• ABA Section of Litigation, Intellectual Property Litigation Committee, Trademarks Subcommittee, Co-Chair, 2008-Present
• ABA Section of Litigation, Intellectual Property Litigation Committee, Internet & Computer Litigation Subcommittee, Co-Chair, 2006-2008
• Kansas City Metropolitan Bar Association
• Association of Women Lawyers of Greater Kansas City
• U.S. District Court for the District of Kansas Bench Bar Committee Member, 2005-2008
• Earl E. O’Connor Kansas Inn of Court, Master, Board Member, 2008 Ethics Seminar Chair and Current Co-Chair Programming
• Round Table Group Expert Network -- Trademark Law
• Kansas City Figure Skating Club Board Member, 2011 to present
• Folly Theater, President, Board of Directors, 2007-2009, and Board Member from 2004 until 2010
• Metropolitan Performing Arts Center Ambassador, 2006-2008
• Kansas Masonic Center Foundation Uncork the Cure Fundraiser Committee Member, 2004-2006
• Leadership Overland Park, Graduate, 2000
• City Attorney for City of Countryside, Kansas, 1997-1998

Publications

• Co-author, The Boundaries of Computer Forensics, in Technology for the Litigator, ABA Publishing, Spring 2011
• Author, Demonstrative Exhibits, in Litigators on Experts, ABA Publishing, 2010
• Author, Attorney-Client Privilege and the Work-Product Doctrine, National Business Institute, December 2008
• Author, Winning Your First Civil Trial, National Business Institute, December 2008
• Author, Electronically Stored Information, Protective Orders and E-Discovery, Lorman Seminars Handbook, June 2008
• Co-author, Getting on Board with the Trademark Trial and Appeal Board’s New Rule Changes, American Bar Association Intellectual Property Litigation Roundtable Outline, January/February 2008
• Author, Ensuring Your E-Discovery Procedures are in Compliance with the New Rules, National Business Institute, November 2007 and June 2007
• Author, Joint Defense/Common Interest Privilege in Kansas, The Journal of the Kansas Bar Association, January 2006
• Co-author, Inside and Outside Counsels’ Perspectives on Trial Technology and Persuasion, Robert O. Lesley and Howard E. Buckles, DRI Fire and Casualty Seminar, November 2003
• Author, Effective Oral Argument, Missouri Organization of Defense Lawyers, July 1998
• Author, Oral Argument, K.B.A. Kansas Appellate Practice Handbook (Carol Green ed, 2d 1998)
• Author, Comment, Communication and Psychology Variables: Reasons to Reject the Summary Jury Trial as an Alternate Dispute Resolution Technique, Kan. L. Rev. 1071 (1991)
• Author, Locus of Control and Juror Attributions of Comparative Negligence, (Ph.D. dissertation, University of Kansas) (1991)

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Presentations

• Speaker, Intellectual Property Traps for the Unwary and How to Avoid Them, Return to Green CLE--University of Kansas School of Law, April 2011
• Speaker, The Battle Over Knockoffs – Pushing the Envelope for Copyright Protection of Fashion and Other Useful Articles, American Bar Association Intellectual Property Litigation/Copyright  Subcommittee National Education Teleconference, March 2011
• Speaker, The Instant Impact of Chloe v. Queen Bee of Beverly Hills, LLC (2d Cir. Aug. 5, 2010), on Personal Jurisdiction and Future Trademark Infringement Litigation Against Internet Counterfeiters, ExecSense Webinars, October 2010
• Panelist, Chloe v. Queen Bee of Beverly Hills, LLC,  Law Seminars International, October 2010
• Panelist, Discussion Re Chloe v. Queen Bee of Beverly Hills, LLC,  Law Seminars International, October 2010
• Panelist and Moderator, Behind-the-Scenes Trademark Use on the Internet: Keywords, Adware, Spyware, and more, American Bar Association Teleconference, September, 2009
• Panelist, Daubert and Financial Experts: Standards and Tips for Ensuring Testimony is Admissible, ABA Section of Litigation Annual Conference, April 29-May 2, 2009
• Speaker, Avoiding Attorney-Client Privilege and Confidentiality Missteps in the Electronic Age, Kansas Paralegal Association, June 2009
• Speaker, Avoiding Attorney-Client Privilege and Confidentiality Missteps in the Electronic Age, State of Kansas, Department of Administration, Continuing Legal Education Seminar, April 2009
• Speaker, Avoiding First Date Jitters: Tips for Your First Meeting With Your Expert, The Earl E. O’Connor American Inn of Court, April 2009
• Speaker, Winning Your First Civil Trial, National Business Institute, December 2008
• Speaker, Attorney-Client Privilege and the Work-Product Doctrine, National Business Institute, December 2008
• Guest Speaker, Behind the Curtain: Keywords and Adwords and Metatags Oh My!, Iowa Intellectual Property Law Association, Des Moines, Iowa, October 10, 2008
• Panelist and Moderator, Avoiding First Date Jitters: Tips for Your First Meeting With Your Expert, American Bar Association Annual Meeting, New York, New York, August 2008
• Internet Law and Intellectual Property, Protecting Online Assets and Enforcing Your Rights, Lunch & Learn, Lathrop & Gage, July 2008
• Electronically Stored Information, Protective Orders and E-Discovery, Lorman Seminars, June 2008
• Co-chair and Co-Moderator, Catastrophic (& Non-Catastrophic) Ethical Lapses, The G. Thomas Van Bebber Ninth Annual Ethics in Litigation Forum, The Earl E. O’Connor American Inn of Court, June 2008
• Behind-the-Scenes Trademark Usage on the Internet: Keywords, Adware, Spyware and More, American Bar Association, Section of Litigation Annual Conference, April 2008
• Intellectual Property 101, Presentation to Firm Clients, January 2008
• E-Discovery: Applying the New FRCP Changes, Presented by National Business Institute, November 2007
• Willfulness, Preliminary Injunctions, Scope of Waiver and the Role of Opinions Post-Seagate, American Bar Association's IP Roundtable, October 2007
• Hot Topics in Ethics, The Earl E. O'Connor American Inn of Court, June 2007
• Ensuring Your E-Discovery Procedures Are In Compliance With the New Rules, Presented by National Business Institute, June 2007
• Me and My Shadow: Communication Between Experts, Attorneys and Graphic Artists, American Bar Association, Section of Litigation Annual Conference, April 2007
• Preserving Brands and Corporate Identities: Reasons For and Ways to Protect Trademarks and Other Intellectual Property, Miami University Ohio, Public Relations Student Society of America Chapter, March 2005
• Using Trial Technology, The Earl E. O’Connor American Inn of Court, 2004
• Persuasive Appellate Oral Argument, Kansas County & District Attorneys Association, October 2004
• Intellectual Property Litigation for Non-IP Attorneys, Stinson Morrison Hecker LLP seminar, Spring 2004
• Juror Judgments in Cases of Comparative Negligence, American Society of Trial Consultants, Chicago, October 1990 
• Provided Training in Public Speaking, Kansas Bar Association