Kathryn Kent, partner at Gerben IP, is a trademark and copyright attorney with an emphasis on litigation. Her litigation practice has included trademark and copyright infringement, consumer protection, unfair competition, false advertising, First Amendment issues, and defending businesses facing predatory trademark lawsuits.

In her 16+ years of practice, Kathryn has focused on protecting intellectual property assets, advising on regulatory compliance, and legislative/government relations. She began working on regulatory compliance, unfair competition, and advertising claims while interning with Vermont’s Attorney General’s Consumer Protection and Anti-Trust division and the Vermont Legislature.

Today, Kathryn offers clients her significant experience in identifying and addressing the full range of intellectual property issues encountered by businesses of all sizes, including trademark prosecutions, and responses to Office Actions, as well as trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board.

Kathryn also has extensive experience with navigating the business and regulatory challenges encountered in complicated industries such as the lawful cannabis industry.

Prior to coming to Gerben Perrott, PLLC, Kathryn was a founding partner at a boutique law firm, where she devoted a significant part of her practice to federal and state litigation in the areas of trademark and copyright infringement, as well as unfair competition, false advertising, and related business law litigation.

Kathryn is an elected Fellow of the American Bar Association which is an honor reserved for 1 percent of the lawyers in a given state. She has also been recognized for her leadership in the American Bar Association, the ABA-IPL Section, and her accomplishments in the legal field.

She is also actively involved in trademark policy advocacy, which includes taking leadership roles that support the challenging and exciting committee projects of the American Bar Association’s Intellectual Property section. This work allows Kathryn to regularly tackle pressing trademark issues with the top practitioners and policymakers in trademark law.

When not working, Kathryn is looking for the first chance she has to escape to one of the sparking lakes of Vermont for kayaking, swimming, and floating around the lake with kiddos and family. She also enjoys quiet walks with her border collie “Pilot” and remains enamored with the everyday beauty of the Adirondacks and Green Mountains that surround her home. If it is sunset, you will find her racing to the closest view whenever possible to reflect and give thanks for another day.

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Experience

• Represented defendant/gourmet coffee roaster based in Vermont against a national alcoholic beverage company alleging trademark infringement. Case settled favorably for defendant during court mandated mediation.
• Filed Declaratory Judgment Complaint in response to opposing party’s claims of trademark infringement and unfair competition. Resolved case favorably on behalf of the client. Family Footwear Center, Inc. vs Canadian Footwear Ltd. | Case No. 5:21-cv-0023 | U.S. District Court for the District of Vermont
• Obtained a successful jury verdict resulting in recovery of client’s damages and a recovery of attorney’s fees in a case arising from misleading and deceptive representations in advertising. After prevailing on motions for reconsideration and all post-trial motions, this case was appealed to the Second Circuit where the client’s jury verdict was upheld. Centrella et alv. RitzCraft Corporation of Pennsylvania | Case No: 2:14-cv-0011 | United States District Court for the District of Vermont, affirmed by Second Circuit Court of Appeals
• Responsible for presenting oral arguments before federal magistrate during court mandated mediation hearings. Provided written arguments and trademark counsel to litigation team and client. Case settled favorably for client. RWZ MacDonald et al v. WGBH Educational | Case No. 1:18-cv-10773 | United States District Court for the District of Massachusetts
• Defended regional coffee company against claims of trademark infringement against national beverage distributor. Case settled favorable for defendant during pre-trial mediation after demonstrating plaintiff was relying on trademark rights acquired by an invalid assignment (assignment in gross).

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Professional Contributions

• ABA-IPL Trademark Legislation Committee, Vice Chair (September 2019 – August 2021)
• ABA-IPL Trademark Litigation Committee, Chair (September 2017 – August 2019)
• USPTO Operations Relating to Trademarks & Ex Parte Trademark Practice Committee, Chair (September 2014 – August 2016)
• Trademark State Legislation Sub-Committee, Chair (September 2011 – August 2015)

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Speaking Engagements

• CLE Presentation | Interstate Commerce and Trademark Law (2018)
• ABA-IPL West Coast Annual Meeting | (Trademark Panelist) Recent Trademark Cases: Use and Federalism Issues (2017)
• ABA Annual Intellectual Property Law Conference | Building Your Trademark Toolbelt: Letters of Protest and Requests to Make Special (Spring 2021)
• VBA Intellectual Property Law Conference | (Copyright Panelist) International Distinctions in Select Areas of Copyright Law (2013)
• Live CLE Presentation | Trademark, Copyright, and Patent Law Fundamentals (2012)

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Recognitions

• Fellow of the American Bar Foundation, American Bar Association Section of IP Law (2015)
• Outstanding Leadership Contribution Award, American Bar Association Section of IP Law (2015)

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Education

Vermont Law School

Juris Doctor, (2006)

Northern University of Vermont

Bachelor of Arts (History), magna cum laude (2002)

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Bar Memberships

Admitted to practice law in the state of Vermont.

Admitted to practice law in the Second Circuit Court of Appeals.

Admitted to appear before the Federal District of the District of Vermont.