Kelly L. Whitehart practices in the areas of intellectual property, technology and entertainment. Ms. Whitehart is actively involved in patent, trademark, trade dress, software, false advertising, copyright, trade secret and unfair competition disputes. Her clients are both large and small domestic companies that represent a broad cross-section of technology industries, including software, telecommunications, energy resources, e-commerce and cloud computing applications. Ms. Whitehart has extensive experience at both the federal and state court levels in courts throughout the U.S. on matters involving trade dress disputes, patents, trademarks, copyrights, domain names, trade secrets, unfair competition and false advertising, as well as general commercial disputes.

Ms. Whitehart is a 2003 graduate, with honors, of Emory University School of Law, where she was web editor of the Emory International Law Review, and a graduate, with honors, of the University of North Carolina.

Areas of Practice

  • Intellectual Property
  • Litigation
  • Patents
  • Trademarks, Trade Secrets and Unfair Competition
  • Information Technology Law
  • Media and Entertainment Law

Admissions

  • Georgia
  • Supreme Court of Georgia
  • Court of Appeals of Georgia
  • U.S. Bankruptcy Court for the Northern District of Georgia
  • U.S. District Court for the Middle District of Georgia
  • U.S. District Court for the Eastern District of Texas
  • U.S. Court of Appeals for the Eleventh Circuit

Education

  • Emory University School of Law, J.D., with honors, 2003
    - Web Editor, Emory International Law Review
  • University of North Carolina, B.A., with honors, 2000

Experience

  • Duane Morris LLP
    - Partner, 2015-present
  • Miller & Martin PLLC
    - Of Counsel, 2013-2015
  • Morris, Manning & Martin LLC
    - Associate, 2003-2013

Professional Activities

  • American Bar Association
  • Atlanta Bar Association
    - Intellectual Property Section, Board Member and Programs Committee Chair
  • State Bar of Georgia
    - Technology Section Litigation Committee

Honors and Awards

  • Selected as a Georgia Rising Star by Atlanta magazine, 2009-2017

Civic and Charitable Activities

  • Atlanta Volunteer Lawyer Foundation
  • Vox Communications
  • Suzuki School Parent Association

Representative Matters

  • Represented a large natural gas marketer as Plaintiff in a successful federal trademark infringement dispute.
  • Represented a large natural gas marketer in a complex trade secret misappropriation dispute.
  • Represented one of the country's leading sales and marketing agencies specializing in outsourced sales, merchandising, category management, and marketing services to manufacturers, suppliers, and producers of food products and consumed packaged goods in victorious vender dispute case.
  • Represented an author in negotiating a favorable book deal with a large publishing house.
  • Assisted a local actress with negotiations for a television series contract.
  • Represented songwriter and musicians in a dispute regarding licensing and royalty fees.
  • Resolved a vendor dispute involving a failed software implementation for a large local electrical cooperative.
  • Represented a large foreign manufacturing business in the successful resolution of a high profile trade dress case involving the manufacturer of small gasoline engines.
  • Concluded a large scale patent infringement case involving e-commerce mouse over functionality with a settlement the client found favorable.
  • Represented a healthcare information technology company in a successful federal patent dispute.
  • Favorably resolved patent infringement case involving database encryption.
  • Represented defendants in a patent infringement suit involving encrypted data transmissions over a network; obtained highly favorable settlement.
  • Successfully resolved a "bet the company" federal trademark infringement case.
  • Successfully resolved a sportswear apparel trademark infringement case.

Selected Speaking Engagements

  • Panelist, "Social Media," North American, Entertainment, Sports & IP Law Conference, Costa Rica, November 14, 2014
  • Panelist, "Handle Your Business," International Music Conference (IMC), Atlanta, September 13, 2014
  • Panelist, "Trademark Law Update," IP SpringPosium, Adairsville, Georgia, April 11, 2014
  • Panelist, "Social Media Trends 2013," North American, Entertainment, Sports & IP Law Conference, Jamaica, November 2013
  • Panelist, North American, Entertainment, Sports & IP Law Conference, November 2010
  • Panelist, North American, Entertainment, Sports & IP Law Conference, November 2010