Fashion Counsel with Anthony V. Lupo

Arent Fox's fashion law blog offers news, analysis, and insights for the industry from fashion attorney Anthony Lupo.

Fashion Counsel with Anthony V. Lupo

Katie R. Heilman

Katie Heilman, Associate at Arent Fox
Katie R. Heilman
Associate
Washington, DC
202.857.6026

Katie is an associate in Arent Fox’s Complex Litigation Group, where her practice focuses on intellectual property matters, health care reimbursement disputes, and environmental litigation. She has been involved in litigation matters in state and federal court, as well as arbitrations, and is experienced in all phases of litigation, including discovery, depositions, motion practice, trial preparation, and appeals. Katie has counseled clients on regulatory compliance and litigation strategy in a wide range of industries, including fashion and luxury goods, real estate, health care, agriculture and biotechnology, media and entertainment, and hospitality.

Katie is also a member of the Government Relations Group. In her Government Relations practice, she counsels clients, including corporate clients, nonprofits, small businesses, and start-ups, on a wide variety of public policy matters arising at the federal, state, and local level.

Katie is active in pro bono matters. She has represented caregivers in several guardianship proceedings in DC Superior Court and regularly participates in intake for the Legal Aid Society of Washington, DC.

Previous Work

After graduating from law school, Katie clerked for the Honorable Beth P. Gesner, United States Magistrate Judge, in the United States District Court for the District of Maryland. Before joining the legal profession, Katie spent six years working on Capitol Hill for former United States Representative Thomas M. Reynolds. Katie worked for Congressman Reynolds at the National Republican Congressional Committee during his four-year tenure as chairman. Prior to joining the NRCC, Katie was a legislative assistant/legislative correspondent in Congressman Reynolds’ House office, where she worked on social security, financial services, international relations, housing, and tax issues.

Publications, Presentations and Recognitions

During law school, Katie was a staff member of the American University Law Review and wrote the comment, “Contemplating ‘Cruel and Unusual’: A Critical Analysis of Baze v. Rees in the Context of the Supreme Court’s Eighth Amendment ‘Proportionality’ Jurisprudence,” 58 Am. U. L. Rev. 633 (2009).

 

Blog Posts by Katie R. Heilman

Intellectual Property, Trademark
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Breaking (Up) Bad: Watch-outs for Brand Owners Faced with Ex-Licensee's Trademark Use

A series of recent decisions have heightened the standard for obtaining preliminary injunctive relief for trademark infringement. This trend presents unique challenges for brand owners seeking to enjoin unauthorized “holdover” use of a trademark by former franchisees or licensees. This situation commonly arises when a franchisee or licensee continues using a franchisor or licensor’s trademarks following termination of a franchise or license agreement.
 
Under the test for preliminary injunctive relief in most jurisdictions, a plaintiff must establish:

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Intellectual Property, Trademark
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Testing “First Sale” Waters: Costco Faces Trademark Suit Over Sale of Fashion Swimwear Brand

Costco is defending a trademark infringement lawsuit over its sale of Anne Cole swimwear, an iconic line of women’s swimwear that has been sold in the US for over 30 years. The suit will likely turn on the scope of the “first sale” doctrine—which shields resellers of genuine trademarked products from liability for trademark infringement—and whether the manner in which Costco displays the products is likely to mislead consumers as to their source.
 

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Advertising, Data Collection & Privacy
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California Supreme Court Rules in Favor of Lacoste in Data Collection Class Action

Washington, DC — In a closely watched data collection case, Arent Fox LLP secured a victory for Lacoste when the California Supreme Court declined to clarify whether retailers in the state can ask customers for their personal information. On August 26, California’s high court responded to a certification request from the US Court of Appeals for the Ninth Circuit by agreeing with arguments put forward by Arent Fox. The court pointed to a previous decision where it was found that a company did not violate the Song-Beverly Credit Card Act because the law does not prevent retailers from asking for personal information after a transaction has concluded.

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.