Kristine M. Boylan

612.371.5295  |  Email  |  vCard  |  Biography

Minneapolis Office
3200 IDS Center
80 South Eighth Street
Minneapolis, MN
55402 USA

ph: 612.332.5300
fax: 612.332.9081

Assistant:

Amanda Avery
aavery@merchantgould.com
612.336.4712

Education

Bar and Court Admissions

Professional Leadership

Professional Honors

Civic Involvement

Publications, Speaking and Teaching

Kristine practices general intellectual property law with an emphasis on the commercial component of intellectual property rights. She handles domestic and international enforcement needs for trademark, patent and copyright owners. She is responsible for national protection of the True Value mark on behalf of The True Value Company cooperative chain of retail hardware stores. She advises mid-size companies, like Minnesota's Miller Manufacturing Company, in decision-tree analyses relating to the procurement and enforcement of its invention, naming and design rights. She assists with the drafting, analysis and review of license agreements and contracts.

Kristine serves as an advocate for her clients, in the prosecution and defense of claims in the United States (Federal) District Courts, at the United States Patent and Trademark Office and before alternative dispute resolution providers like the National Arbitration Forum's Uniform Domain (Name) Resolution Panel and the American Arbitration Association.

Kristine is consistently recognized by her colleagues in Minnesota and across the nation for her leadership and excellence.

Education

St. Mary's College of Minnesota
B.A., English Writing, 1994

William Mitchell College of Law
J.D., 1998

Bar and Court Admissions

U.S. District Court, District of Nebraska, 2009
U.S. Court of Appeals for the Federal Circuit, 2007
U.S. District Court, Northern District of Florida, 2006
Wisconsin State Bar, 2004
U.S. Court of Appeals for the Eighth Circuit, 2004
U.S. District Court, Northern District of Illinois, 2002
U.S. District Court, District of Minnesota, 1998
Minnesota State Bar, 1998

Professional Leadership

U.S. Dept. of Commerce, Small & Medium Enterprise International Advisory Program
Volunteer Attorney, IP Rights Enforcement (Brazil, Russia, India, China, Egypt) (2007, 2008, 2009)

American Bar Association, Intellectual Property Law Section
Chair, Screening Committee, 2008-2009
Member, Nominating Committee, 2008-2009
Chair, Division 2 Committees on Trademarks, 2007-2008
Chair, Committee on International Trademark Rights and Treaties, 2006-2007
Chair, Seminar, Practical Tips on Enforcing and Defending Patents, October 2006
Chair, Committee or State Trademark Rights and Statutes, 2005-2006
Chair, Committee on Unfair Competition, 2004-2005

Hennepin County Bar Association
Co-Chair, Finance and Strategic Planning Committee, 2009-2010

Federal Bar Association
Minnesota Chapter Board of Directors, 2000-2009
National Board of Directors, 2006-2007
Minnesota Chapter Executive Committee, 2002-2006

Professional Honors

Rising Star, Minnesota Law & Politics, 2010
Rising Star, Minnesota Law & Politics, 2009
Rising Star, Minnesota Law & Politics, 2008
Rising Star, Minnesota Law & Politics, 2007
Rising Star, Minnesota Law & Politics, 2005
Rising Star, Minnesota Law & Politics, 2004
Rising Star, Minnesota Law & Politics, 2003

Legal Policy Intern, United States Patent and Trademark Office, 1997

Civic Involvement

Minnesota Women Lawyers
Volunteer Attorney, Minneapolis Sexual Violence Center Legal Clinic, 2009 

Office of the Federal Defender U.S.D. Minn.
Rookie CJA Panel Member, 2009

Publications, Speaking and Teaching

Author, Trademark Infringement Remedies (BNA 2006) (Supp. 2007-present)
Chapter: Preliminary Injunctions

Faculty Member, Instructor, Minnesota Paralegal Institute
Trademarks Class (2007, 2008, 2009)

Moderator, Hot Topics In Antitrust and Intellectual Property Law
American Bar Association - Intellectual Property Law Section Spring CLE (April 2006)

Guest Lecturer, Intellectual Property Law Survey Course
University of Saint Thomas Law School (Summer and Fall 2005)

Moderator, The Use of Private Arbitrators, Mediators and Special Masters in Federal Court
District of Minnesota Federal Practice Seminar (June 2005)

Speaker, The Power of Using Digital Forensics In Intellectual Property Cases
Pike & Fischer Audio Conference (May 2005)

Moderator, Preparing to Prevail: Preliminary Injunction Practice Pointers
American Bar Association - Intellectual Property Law Section Spring CLE (April 2005)

Speaker, Copyright Protection Primer
Minnesota State Bar Association Construction Law Section (December 2004)

Moderator, Electronic Evidence and Discovery
District of Minnesota Federal Practice Seminar (June 2004)

Speaker, Electronic Discovery
In-House Presentation, Meagher & Geer, P.L.L.P. (June 2004)

Moderator, Electronic Evidence in Intellectual Property Law Cases
Panel, National CLE Conference, Legal Education Institute (January 2004)

Moderator, Witnesses
The Minnesota Ultimate Trial Notebook III (October and November 2000)

Co-Author, Witnesses
The Minnesota Ultimate Trial Notebook III (October and November 2000)

New to the Bench: Magistrate Judge Nelson
HENNEPIN LAWYER (August 2000)

Co-Author, Antitrust Concerns With Licensing Agreements
MSBA's Antitrust & Business Competition Law Conference (April 2000)

Judicial Disobedience & The Corporate Right of Publicity in Federal Trademark Dilution Legislation
81 JPTOS 815 (November 1999)

Life After Quality King: A Critique of Copyright Law as a Tool to Police the Grey Market
27 AIPLA QUARTERLY JOURNAL 109 (Spring 1999) (winner, 1998 ASCAP's Nathan Burkan Award - best intra-school copyright paper)

The Corporate Right of Publicity in Federal Trademark Dilution Legislation
88 TRADEMARK REPORTER 349 (July-August 1998)

Sportslife Enterprises v. Sportslife Camps, Case No. 91178951 - Won Trial June 2009 of Opposition at the Trademark Trial and Appeal Board over the SPORTSLIFE name. Secured client rights to SPORTSLIFE name.

Thurston Manufacturing Company v. Circle R Frame Aligners, Inc., Case No. 08-337 - Won December 2008 Preliminary Injunction after bringing trademark infringement and unfair competition action, involving breach of contract, in federal court against former licensee and competitor. Negotiated March 2009 settlement under which both competitors could operate in a go-forward capacity.

United States v. Donald Ray Tate, Case No. 08-30 - Served as December 2008 Trial counsel in the defense of a criminal charge to six person jury in federal court. Representation was provided under the Criminal Justice Act and the District of Minnesota's Federal Public (Conflict) Defender Program.

Larson Manufacturing Company v. Aluminart Products Limited, Case No. 4:03cv4244 - Served as July 2007 Trial counsel in the successful defense of patent infringement claim in South Dakota federal court (bench) trial. Invalidated the patent at issue.

Fforg, Inc. v. Infinite Campus, Inc., Case No. 06-2448 - Won 2006 Order from the Hennepin County Court Bench denying Motion for TRO (Temporary Restraining Order) on behalf of defendant in breach of employment contract, software license and copyright dispute. Settlement was reached within days of the ruling.

Terrybear, Inc. v. Raj India Trading Corp., Case No. 06-4125 - Brought 2006 design patent infringement action in Minnesota federal court against foreign manufacturer importing knockoff product. Obtained settlement whereby defendant phased - out use of infringing design.

Great Clips, Inc. v. Asad et al, Case No. 06-152 - Brought 2006 trademark enforcement action in the Central District of California federal court on behalf of franchisor. Negotiated favorable settlement.

Diego, Inc v. Audible, Inc., Case No. 05-464 - Defended 2005 patent infringement suit in the Western District of Washington brought by Plaintiff-patent-troll that had purchased patent-at-issue out of bankruptcy. Forced Plaintiff to withdraw Complaint after establishing facts to support serious standing and ownership issues.

Winmark Corporation v. Winmark Equipment Finance, LLC, Case No. 05-953 - Defended 2005 trademark infringement suit in Minnesota federal court over WINMARK name. Reached early settlement to allow ongoing usage.

TimeMasters, Inc. v. The Kohler Company, Case No. 03-012448 - Tried and won defense of 2004 product liability suit over defective toilet to a six person jury. Costs awarded.

Rottlund Homes v. Pinnacle Corp., et al, Case No. 01-1980 - Handled defense of third-party interests in copyright infringement suit over architectual plans and construction. Culminated in 2004 Trial on the merits in Minnesota federal court.

Mack v. Newdale School, et al, Case No. 03-4160 - Brought 2003 patent infringement suit in South Dakota federal court to stop the manufacture and use of knock-off mechanical device. Secured favorable settlement for patentee.

Lutheran Association of Missionary Pilots v. Lutheran Association of Missionary Pilots, Case No. 03-6173 - Defended 2003 ownership and trademark license dispute in Minnesota federal court after parties to a nearly twenty year joint venture separated.

Harstad v. Bruggeman Homes, Case No. 03-3182 - Defended 2003 copyright infringement suit in Minnesota federal court. Negotiated early settlement.

Bayly v. Southwest Windpower, Case No. 01:1525 - Defended trade secret misappropriation and breach of employment contract action in Minnesota federal court. Reached 2002 settlement to facilitate ongoing relationship between parties.

B Bros Packaging, Inc v. South/Win Ltd., Case No. 01-955 - Litigated 2001 breach of supplier- distributorship commercial contract suit involving trademark license, ownership and rights of usage issues. Secured favorable settlement for former distributor.

Schoolhouse v. Anderson, Case No. 99-1214 - Won copyright infringement suit on behalf of defendant on a 2000 summary judgment motion in in Minnesota federal court.