Overview

Johanna Schmitt is an intellectual property partner in Kirkland’s New York office. Her practice focuses on intellectual property law, specifically copyright, trademark, trade dress, domain name, false advertising, licensing and contract issues. She counsels clients regarding the acquisition and retention of intellectual property rights (including Internet issues) and also litigates disputes related to such rights. She has extensive experience with managing trademark portfolios, trademark prosecution and proceedings before the U.S. Patent and Trademark Office. Johanna was recognized in the areas of trademarks (both litigation and non-contentious), copyright, and media and entertainment in The Legal 500 United States and for Litigation & Prosecution in World Trademark Review. She has served on multiple INTA committees, including most recently on the committee for non-traditional marks.

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Thought Leadership

Publications

Co-Author, “Recent Developments: Copyright Law, Trademark Law, Right of Publicity and Parallel Imports,” CLE Presentation, December 10, 2003

Co-Author, “Stopping Spam: Federal and International Initiatives,” Internet Law Journal, November 2003

Co-Author, “Recent Developments in IP Law Affecting Media Companies,” CLE Presentation, January 14, 2003

Seminars

Proving IP Topic Speaker, "Proving Consumer Perception," May 2019

INTA Conference Topic Moderator, “When to Use Copyright or Trademark Protection for Fashion Designs and the Like in the United States,” May 2009

New York City Bar Association Topic Presenter, “Litigating A Trademark Infringement Dispute,” May 2009

Press Mentions

Quoted, "Kirkland's 'Bionic Women' Don't Mind Taking on the Boys," The American Lawyer, April 22, 2019

Recognition

Recognized in the 2021–2023 World Trademark Review: WTR 1000 for Litigation (New York, Tier 3) and Prosecution (New York, Tier 3) 

Recognized in The Legal 500 United States for Trademarks: Non-Contentious (2023), Trademarks: Litigation (2013 and 2018), Copyright (2015–2018), and Media and Entertainment (2017–2018, 2022–2023)

Memberships & Affiliations

Member of INTA Emerging Issues Committee, 2020–Current

Member of Communications & Media Law Committee, New York City Bar Association, Current

Member of Entertainment Law Committee, New York City Bar Association, 2009

Member of the Non-Traditional Marks Committee (NTM), International Trademark Association, 2012–2015

Member of the Trademark Administrators Committee — Outreach Project Team, International Trademark Association, 2010–2011

Trademark and Unfair Competition Committee, New York City Bar Association, Secretary 2003–2005; Member 2006–2009

Credentials

Admissions & Qualifications

  • 2000New York

Courts

  • United States District Court for the Eastern District of New York
  • United States District Court for the Southern District of New York
  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the Ninth Circuit

Languages

  • English
  • French

Education

  • Brooklyn Law SchoolJ.D.summa cum laude1999

    Notes and Comments Editor, Brooklyn Law Review 

    Center for International Business Law Fellow

  • Columbia UniversityB.A., Middle Eastern Studies1992

    Dean's List