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Joan
K.
Archer
Experience
Ms. Archer has extensive experience litigating intellectual property matters, including trademark, patent, unfair competition, and copyright cases. Ms. Archer's practice also includes counseling clients on trademark and copyright matters, including prosecuting applications before the U.S. Patent and Trademark Office, and litigating trademark opposition and cancellation proceedings. Ms. Archer has substantial experience litigating trademark and trade dress cases, including those involving the Internet, disputes involving domain names and black-market software. Ms. Archer's courtroom experience includes having first- or second-chaired over ten jury trials, bench trials and preliminary injunction hearings.
Prior to developing her intellectual property litigation expertise, Ms. Archer handled a variety of disputes, including complex business litigation, environmental litigation, product liability litigation, securities arbitrations, municipal litigation and appeals. Ms. Archer also is well-versed in the use of presentation technologies and graphics at trial. 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 significant experience includes:
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Handled numerous trademark and trade dress infringement cases, including several for financial services institutions. Ms. Archer first chaired one case in which a request for entry of a preliminary injunction was denied following a hearing despite the fact that a temporary restraining order previously had been entered against the client while represented by other counsel.
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Handled several trademark and copyright cases that involved substantial computer software, music downloading and Internet-related issues, including those in which the domain name was in issue.
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Litigated several trademark cases in which consumer products were in issue, including one involving a national restaurant chain and another that centered on the trade dress of a nationally famous dog treat.
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Lead counsel in the landmark electronic discovery case, Balboa Threadworks, Inc. et al. v. Stucky, et al., U.S. District Court for the District of Kansas, Case No. 05-1157-JTM.
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Handled several trademark opposition matters before the U.S. Patent and Trademark Office and the Trademark Trial & Appeal Board.
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Worked on several patent cases and a patent arbitration.
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First-chaired a lengthy N.A.S.D. securities arbitration hearing.
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Handled a substantial breach of contract action on behalf of a national seminar company that resulted in a very favorable settlement.
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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.
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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.
Ms. Archer was Law Clerk to Justice Fred N. Six of the Kansas Supreme Court from 1992 to 1994.
Education
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University of Kansas, J.D., 1992
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University of Kansas, Ph.D., Communication Studies, 1991
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Wayne State University, M.A., Communication Studies, 1984
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Gonzaga University, B.A., Speech Communication, summa cum laude, 1982
Admissions
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Missouri, 1993
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Kansas, 1992
Court Memberships
- Kansas Supreme Court, 1992
- Missouri Supreme Court, 1993
- U.S. District Court for the District of Kansas, 1992
- U.S. District Court for the Western District of Missouri, 1993
- U.S. Court of Appeals for the Eighth Circuit, 1997
- U.S. Court of Appeals for the Tenth Circuit, 2000
Honors
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Martindale-Hubbell® "AV" Rating
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American Bar Association, Litigation Section, Outstanding Subcommittee Chair, 2008
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Kansas Law Review, Managing Editor & Staff Member, 1990-1992
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Payne & Jones Appellate Advocacy Award, 1990
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American Jurisprudence Award in Constitutional Law I and II
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Judicial Clerkship Clinic, Judge Michael J. Malone, Kansas District Court, 1991
Professional Affiliations
Professional Memberships
- Round Table Group Expert Network -- Trademark Law
- U.S. District Court for the District of Kansas Bench Bar Committee Member, 2005 to present
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Earl E. O'Connor Kansas Inn of Court, Master, Board Member and 2008 Ethics Seminar Chair
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American Bar Association
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Kansas Bar Association
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The Missouri Bar
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Association of Women Lawyers of Greater Kansas City
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Kansas City Metropolitan Bar Association
- ABA Section of Litigation, Expert Witness Committee, Program Subcommittee Co-Chair
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ABA Section of Litigation, Intellectual Property Litigation Committee, Internet & Computer Litigation Subcommittee, Co-Chair
Civic Activities
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Folly Theater, President, Board of Directors, 2007-present
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Metropolitan Performing Arts Center Ambassador, 2006
- Kansas Masonic Center Foundation Uncork the Cure Fundraiser Committee Member, 2004-2006
- Leadership Overland Park, Graduate, 2000
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City Attorney for City of Countryside, Kansas, 1997-1998
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Publications |
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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
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Author, Joint Defense/Common Interest Privilege in Kansas, The Journal of the Kansas Bar Association, January 2006
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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
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Author, Effective Oral Argument, Missouri Organization of Defense Lawyers, July 1998
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Author, Oral Argument, K.B.A. Kansas Appellate Practice Handbook (Carol Green ed, 2d 1998)
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Author, Comment, Communication and Psychology Variables: Reasons to Reject the Summary Jury Trial as an Alternate Dispute Resolution Technique, Kan. L. Rev. 1071 (1991)
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Author, Locus of Control and Juror Attributions of Comparative Negligence, (unpublished Ph.D. dissertation, University of Kansas) (1991) |
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02/01/2006
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Joint Defense / Common Interest Privilege in Kansas
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Press Releases |
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03/04/2008
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ABA Section of Litigation Names Joan Archer Outstanding Subcommittee Chair
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05/02/2006
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Joan Archer Joins Lathrop & Gage's Intellectual Property Practice
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Presentations
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Behind-the-Scenes Trademark Usage on the Internet: Keywords, Adware, Spyware and More, American Bar Association, Section of Litigation Annual Conference, Intellectual Property Litigation Subcommittee, April 2008
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Intellectual Property 101, Presentation to Firm Clients, January 2008
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E-Discovery: Applying the New FRCP Changes, Presented by National Business Institute, November 2007
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Willfulness, Preliminary Injunctions, Scope of Waiver and the Role of Opinions Post-Seagate, American Bar Association's IP Roundtable, October 2007
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Hot Topics in Ethics, The Earl E. O'Connor American Inn of Court, June 2007
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Ensuring Your E-Discovery Procedures Are In Compliance With the New Rules, Presented by National Business Institute, June 2007
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Me and My Shadow: Communication Between Experts, Attorneys and Graphic Artists, American Bar Association, Section of Litigation Annual Conference, April 2007
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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
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Using Trial Technology, The Earl E. O'Connor Inn of Court, 2004
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Persuasive Appellate Oral Argument, Kansas County & District Attorneys Association, October 2004
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Intellectual Property Litigation for Non-IP Attorneys, Presented by Stinson Morrison Hecker LLP in-house seminar, Spring 2004
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Juror Judgments in Cases of Comparative Negligence, American Society of Trial Consultants, Chicago, October 1990
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Speaker Training, Kansas Bar Association
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