Mary Hallerman focuses her practice on trademark, trade dress, unfair competition, false advertising, and copyright litigation, enforcement, and counseling. She regularly represents clients in federal trial and appellate courts throughout the United States and before the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent & Trademark Office, as well as in domain name disputes before the World Intellectual Property Organization (WIPO) and similar fora.
In the past decade, Mary has gained substantial experience in key issues encountered in Lanham Act and copyright litigation, including priority, ownership, likelihood of confusion (forward, reverse and initial interest), acquired distinctiveness or secondary meaning, genericness, surveys (confusion, fame, genericness, false advertising), trademark counterfeiting, uncontrolled licensing, holdover franchisees, functionality of trade dress, gray goods, cybersquatting, keyword advertising and search engine optimization, copyrightability, preemption, open source software, and damages and injunctive relief.
The World Trademark Review recently recognized Mary’s “faculty for guiding case strategy and management.” She regularly develops and implements discovery strategies, takes and defends depositions, works with expert witnesses, prepares and argues dispositive motions, and leads trial and evidentiary hearing preparation. Mary also has significant appellate experience, having represented clients in trademark, trade dress, false advertising, and copyright appeals before five different courts of appeal and the Supreme Court of the United States.
In addition to her litigation practice, Mary regularly works with clients in managing trademark and domain name portfolios, takedowns of infringing content, assessing litigation risks, trademark selection and clearance, reviewing advertising, marketing, and packaging, and assisting in the intellectual property aspects of corporate transactions.
Mary also regularly serves as local counsel in the "Rocket Docket" of the U.S. District Court for the Eastern District of Virginia, where she served as a law clerk for the Honorable Claude M. Hilton and interned for the Honorable Henry E. Hudson. She has experience in all four divisions of that court, having represented clients in more than 20 cases involving intellectual property, antitrust, and other commercial disputes.
Represented brewing company in TTAB appeal to the U.S. Court of Appeals for the Federal Circuit
Represented third-party domain registrar in cybersquatting litigation
Represented pet care company in trade dress infringement litigation involving the packaging of dog food product
Defended logistics company in multijurisdictional litigation involving issues of copyright infringement, trade secret misappropriation and trademark infringement
Defended financial services company in trademark infringement and dilution litigation
Defended international confectionery company in trade dress infringement litigation involving product configuration of snack product
Defended brewing company in trademark infringement litigation
Defended pet care company in patent and trade dress litigation involving product configuration of canine dental treat
Defended pet care company in false advertising litigation
Defended toy company in copyright infringement and Digital Millennium Copyright Act litigation
Represented call verification technology solution company in cybersquatting litigation
Defended international software company in copyright infringement and breach of contract litigation involving open-source software and the General Public License (GPL)
Represented food distributor in trade secret, trademark infringement, trademark counterfeiting and breach of contract dispute in a four-week jury trial
Defended food manufacturer in trademark infringement and false advertising litigation
Represented alcohol beverage company in trademark counterfeiting and infringement dispute concerning imitation product
Represented food manufacturer in complex trademark and trade dress litigation involving packaging and name of candy
Represented moving company in trademark infringement litigation
Represented lawn care services provider against a former franchisee in trademark infringement litigation
Represented biopharmaceutical company in trademark infringement litigation
Represented nonprofit organization in trademark infringement litigation
Represented motor club federation in multiple trademark infringement disputes
Represented golf resort company in multiple trademark infringement disputes
University of Richmond School of Law (J.D., cum laude, 2010)
Editor-in-Chief, University of Richmond Law Review
Trial Advocacy Board
College of William and Mary (B.A., Government and Sociology, 2005)