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Andrea Anderson

Partner

1800 Broadway, Suite 300, Boulder, CO 80302

Andrea provides strategic counsel to some of the world’s largest brand owners, including the owners of six of Interbrand’s 2017 100 “Best Global Brands."

The teams she leads assist clients with all aspects of brand creation and protection, including initial clearance, prosecution and registration, and where necessary, enforcement actions and litigation.  Because many of her clients build their portfolios through acquisitions, her teams possess special expertise in the strategic evaluation of acquisition candidate portfolios and the development of enforcement and protection strategies for acquired trademarks.  She also helps clients leverage their brands through negotiating and drafting high-profile licensing and co-branding arrangements.

While Andrea’s objective is to help her clients avoid trademark disputes, when the occasional dispute arises, clients praise her ability to achieve favorable, quick, and cost effective resolutions.  Where early resolution of disputes is not possible, backed by a team of trial lawyers, Andrea litigates in federal court and before the Trademark Trial and Appeal Board, where several cases she has handled have resulted in precedential opinions or decisions on issues of first impression.

Before joining Holland & Hart, Andrea worked for a large IP law firm in Washington, D.C., and served as a law clerk to The Honorable Raymond C. Clevenger, III of the U.S. Court of Appeals for the Federal Circuit. 

Experience

  • Strategic Trademark Portfolio Management
  • Trademark Enforcement Strategies
  • Due Diligence and Acquisition Counseling

Client Results

Federal Court Actions
  • After a three-week jury trial, obtained verdict of infringement against one of the largest banks in the world. When the district court judge failed to enjoin the infringement, successfully appealed, obtaining reversal of the trial court’s decision for abuse of discretion.
  • Successfully defended client in jury trial involving allegation that client’s product infringed plaintiff’s registered color trademark. The case settled extremely favorably on the third day of trial during cross examination of the plaintiff’s principal.
  • On the Tuesday prior to Black Friday, prepared Complaint, Motion for Preliminary Injunction, and demand letter and obtained settlement under which a major U.S. retailer pulled an infringing product from its stores nationwide within 24 hours, positively impacting client’s sales over the holiday weekend.
  • On behalf of a world-wide human resources consulting firm, defeated plaintiff’s Motion for Preliminary Injunction (brought after the client announced its initial public offering), after which the case favorably settled, and client continued to use its mark.
  • On behalf of a leading tennis racquet manufacturer, initiated several gray goods cases, resulting in either injunctions or settlements under which unauthorized imports of client’s product ceased.
  • On behalf of cable music provider, prepared and filed Motion for Preliminary Injunction, leading to favorable settlement under which major internet service provider ceased using an infringing mark.
  • Obtained summary judgment of no infringement in client’s favor in copyright infringement suit seeking millions of dollars in damages.
  • Obtained summary judgment that client’s barbed-wired themed jewelry did not infringe plaintiff’s jewelry design, and obtained affirmation of ruling on appeal.
  • On behalf of major real estate company, successfully litigate and resolve numerous cases involving its distinctive signage design.
  • Prior to enactment of the TDRA, obtained ruling in a case of first impression rejecting, on summary judgment, the doctrine of “niche fame.”
TTAB Actions
  • Defeated opposition to client’s application to register a single product color and obtained decision from the U.S. Trademark Trial and Appeal Board that client’s mark was protectable. Case is cited in McCarthy on Trademark and Unfair Competition Law.
  • In a case of first impression, obtained judgment in client’s favor due to opposer’s failure to serve initial disclosures and pretrial disclosures, and avoided the expense associated with entering testimony on the client’s behalf. The Board designated the decision precedential.
  • Obtained judgment in client’s favor in cancellation action alleging that client’s mark was geographically misdescriptive.

News

Publications

Speaking Engagements

Education

Bar Admissions

Recognition

"Andrea Anderson is 'absolutely first class” on the prosecution and strategic management side; “I have a great deal of respect for what she does,' remarks one commentator." [WTR 1000 – 2016]

“Hands down the most responsive, creative IP lawyer I have ever worked with” remarked one client about Andrea.  According to another: “[t]he characteristic that sets Andrea apart from her peers is her ability to place herself in the position of an in-house counsel.”  “[She] really listens to what clients need and adapts her communications to fit the audience.”  [Lexology Client Choice Award Survey Respondent – 2014]

“Andrea is a skilled negotiator.  I have yet to find another outside lawyer that can always resolve a deal favorably." [Lexology Client Choice Award Survey Respondent – 2014]

  • Colorado Super Lawyers®, Intellectual Property, 2016-2018
  • 5280 Magazine Top Lawyers, Intellectual Property: Trademark, 2017, 2018
  • The Best Lawyers in America© Lawyer of the Year, Trademark Law – Boulder, 2016, 2018
  • Lexology and International Law Office, Client Choice Award, Intellectual Property – Trademarks in Colorado, 2014
  • World Trademark Review (WTR) 1000 - The World’s Leading Trademark Professionals, Colorado, Gold Band 2014, 2016-2018
  • Managing Intellectual Property, IP Star, 2013, 2014, 2016, Global IP Star, 2018, Top 250 Women in IP, 2018
  • Who’s Who Legal: Trademarks, 2014, 2015, 2016
  • Euromoney Expert Guides: Trademark, 2014
  • The Best Lawyers in America© Lawyer of the Year, Trademark Law – Denver, 2013
  • The Best Lawyers in America© Trademark Law, 2013-2018
  • Chambers USA, Intellectual Property, 2014
  • Lexology and International Law Office, Client Choice award nominee, 2013
  • Managing Intellectual Property, Top 250 Women in Intellectual Property, 2013
  • WIPR Leaders, Life Sciences and Trademark, 2017
  • Who's Who Legal, Trademark, 2018

Professional and Civic Affiliations

  • Member, International Trademark Association (INTA)
    U.S. Legislation Committee, 2002-2005
    Anti-Counterfeiting Committee, 2006-2009
    Bulletin Committee, 2010-2014
    Enforcement Committee, 2014-present
  • Member, Family Learning Center, A Boulder-based non-profit serving the educational needs of low-income and minority youth
    Board of Directors, 2004-2008
    Advisory Group, 2010-present
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