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Heather J. Kliebenstein

she / her / hers


Heather J. Kliebenstein photo

Represented tens of plaintiffs and defendants in Trademark Trial and Appeal Board cancellation and opposition proceedings, securing denial of registration of trademarks and preventing denial of trademark registrations.

Successfully represented defendant in copyright and trade secret litigation relating to software code, defeating a preliminary injunction motion and settling favorably with payment to the client.

Successfully represented a plaintiff business services company in tr...

  • University of Texas School of Law, J.D., 2004,

    cum laude

  • Iowa State University, B.S. Environmental Sciences, 2000,

    magna cum laude, Phi Beta Kappa

  • Wisconsin State Bar, 2008
  • Minnesota State Bar
  • 2004
  • Eighth Circuit, 2008
  • Eleventh Circuit, 2007
  • U.S. District Court for the District of Minnesota, 2004

ManagingIP, February 2024, quoted in Follow the leader: how IP firms select their top brass

ManagingIP, October 2023, quoted in Law firms: corporations better placed to take AI plunge … for now

Minneapolis/St.Paul Business Journals Table of Experts – Women in Law, Panelist (February 23, 2022)

INSIGHT: How Covid-19 Changed the Future of Litigation, Co-Authored with James Beard, Bloomberg Law (May 7, 2020)

Best Practices For Managing Litigation During Pandemic, Co-Authored with James Beard, Law360 (April 23, 2020)

On the Cutting Edge: Updates on Patent Law, Data Privacy, and E-Commerce CLE (July 11, 2019)

Hot Topics, Trends, & Updates: Cybersecurity, Patent Litigation Decisions, and the Implications CLE (July 11, 2018)

Ethical Issues with Emerging Technology, speaker at ABA-IP Conference (April 2018)

The Extraterritorial Reach of the Lanham Act, speaker at Midwest IP Institute Conference (September 2017)

Trademark Trial and Appeal Board Oral Argument, speaker at ABA-IP Conference (April 2016)

Social Media & Web 2.0: Striking the Right Balance, speaker at IP Strategy Summit – Trademark & Copyright: Silicon Valley (November 2015)

Effective Use of Surveys in Trademark Litigation, The Knowledge Congress Live Webcast Series (2013)

Author of Update to Counseling Strategies for Successful Protection of Intellectual Property, Defensive Measures Against Counterfeiting, Matthew Bender (2012)

Use of Non-Patent Literature in the Intellectual Property Practice, speaker at the MIPLA Stampede (May 2012)

Not sure you know what type of law you want to practice?, speaker, William Mitchell College of Law (April 2012)

Trademark Enforcement, speaker at Advanced Trademark Law Minnesota CLE (2011)

Minnesota CLE Trademark Law: Why Should You Enforce Trademarks? (March 2011)

Hosted International Trademark Association Roundtable, Anticounterfeiting Issues (February 2010)

Co-author of update to Intellectual Property Counseling and Litigation, Ch. 59, Copyright Causes of Action, Matthew Bender (2009)

Prioritizing resources and organization for Intellectual Property Act of 2008, by Chris Schulte and Heather Kliebenstein, 361 ITMA Review 22 (December 2008)

Beyond the Blue Box: Landlord, Franchisor, and Manufacturer Post-Tiffany Liability for Contributory Trademark Infringement, Intellectual Property Today (November 2008)

Post-Tiffany Liability For Contributory Infringement, IP Law360 (August 15, 2008)

Fighting Counterfeiting and Piracy, IP Law360 (July 23, 2007)

Counterfeiting and Piracy: Federal Statutory, Criminal and Regulatory Tools, The M&G Edge (June 2007)

MedImmune: More Leverage, co-author, Law Week Colorado (May 14, 2007)

Does Phillips v. AWH Mean the Life is Out of the “Life and Meaning” Test for Whether Claim Preambles are Limitations?, American Intellectual Property Law Association (summer 2007)

Recent Federal Circuit SanDisk Decision Affirms MedImmune, Giving Licensees More Leverage, Merchant & Gould White Paper (2007)

What’s in the Toolbox, Protecting and Collecting: Advising Business Clients Victimized by Pirates and Counterfeiters, Washington State Bar Association (2007)

Supreme Court Decision Gives Licensees Leverage, IP LAW 260 (2007)

Parody Brand Leaves Louis Vuitton Licking its Wounds, The Journal of the Institute of Trade Mark Attorneys (2007)

Transacting the Information Marketplace: Infringement is Easy, and Easily Avoided, Minnesota Bench & Bar (2005)

The Honorable Jimmie V. Reyna Intellectual Property American Inn of Court
Founding Member
Twin Cities Diversity in Practice, Marketing Committee Chair
International Trademark Association (INTA)
American Bar Association
Federal Bar Association
Minnesota Mother Attorney Association
Board Member, 2013-2018
Minnesota State Bar Association
 Chair, Women in the Legal Profession Committee, 2011-2013
    Minority Bar Summit

Best Lawyers in America by The Best Lawyers in America, 2021-2024
Selected for inclusion in Minnesota Super Lawyers, 2013-2021
Selected for inclusion in Top Attorneys in Minnesota, 2014-2021
Selected for inclusion in Top Women Attorneys in Minnesota, 2013-2021
Selected as one of Minnesota Lawyer’s Up & Coming Attorneys award recipients, 2013
Selected for inclusion in Minnesota Rising Stars, 2011-2012

Instructor, University of Minnesota Moot Court and Legal Writing course, 2007-2008

Coach, University of Minnesota Giles Rich Moot Court Competition team, 2007-2008 and 2008-2009