Christina Moser spends a majority of her time litigating patent, copyright and trademark matters on behalf of clients, from multinational corporations to growing enterprises involved in “bet the company” lawsuits. The rest of the time, she utilizes her litigation experience to advise companies on how to develop and protect their products and services through registering and policing their intellectual property. Christina offers clients a comprehensive, practical approach to formulating an intellectual property strategy that fits their industry and priorities.
Christina uses her communications background and passion for details to translate complex technical information and legal concepts into effective arguments that judges and juries understand.
An active member of both the California and Ohio Bars, Christina has pursued and defended litigation in federal venues across the U.S. She has experience in a variety of areas, including:
Christina applies a comprehensive approach to advancing and defending claims under trademark, copyright, false advertising, right of publicity and unfair competition laws. She believes investigation is essential to success and works closely with clients to identify key issues, yielding solid strategies for advancing clients’ commercial interests. Her clients include clothing retailers, medical device manufacturers, individuals and entities in the music industry, consumer products manufacturers and mass market retailers.
Christina helps evaluate the strength of trademarks, service marks and trade dress, and identifies risks associated with their use and registration. She advises clients on building and protecting trademark portfolios in the U.S. and abroad, relying on an established network of foreign counsel. Christina helps clients navigate the USPTO and TTAB to successfully register everything from straightforward word marks to complicated color trade dress. Over the years, her clients and their products have run the gamut from rock bands to exercise bands and children’s novelty wrist bands.
As much as Christina enjoys litigating intellectual property disputes, she recognizes that prevention is the best medicine. Medium-size growth companies and emerging enterprises particularly benefit from Christina’s practical, tailored advice that draws on her across-the-board intellectual property background. This includes helping clients develop strategies for new product launches, re-branding efforts, domain name protection and licensing/transfer of intellectual property assets.
Christina has investigated, prepared and filed initial pleadings; organized and conducted discovery; overseen forensic digital investigations; obtained TROs and preliminary injunctions in copyright, trade secret and trademark cases; briefed a wide range of procedural and substantive issues; successfully argued summary judgment motions; assisted in patent claim construction hearings, trials (bench and jury); and argued two appeals before the Sixth Circuit.
Christina’s trial experience includes serving as lead counsel for a successful bench trial, which was later upheld on appeal (Schleimer v. Winter (L.A.S.C. 2001)) and serving as second chair in Duramax, Inc. v. Roppe Corporation, N.D. Ohio Case No. 03cv7571, a patent infringement matter involving a flooring device that resulted in a finding of non-infringement and a declaration of invalidity in favor of the firm’s client, as well as assisting in patent infringement jury trials. Her published opinions include Scott Fetzer Co. v. Gehring, 288 F. Supp. 2d 696 (E.D.Pa. 2003), the first judicial determination in which a court determined that the KIRBY mark was declared “famous,” with a resulting finding of infringement and dilution. The Sixth Circuit’s opinion enforcing settlement in favor of her client, The Glidden Company, in a trademark infringement dispute, is available at Glidden Co. v. Kinsella, No. 09-3599, 2010 WL 2803944 (6th Cir. Jan. 7, 2010). The Sixth Circuit’s opinion affirming default judgment in favor of her client, ASCAP, in a copyright infringement dispute, is available at EMI April Music, Inc. v. 1064 Old River Road, Inc., No. 06-3484, 214 Fed Appx. 589, 2007 WL 205558 (6th Cir. Jan. 26, 2007).
Christina is a member of the Federal, California and Ohio State Bar Associations (IP Sections), the Cleveland Metropolitan Bar Association and the Cleveland Intellectual Property Law Association. She has served in a number of leadership positions and is the immediate past chair of the CMBA Intellectual Property Section and current Chair of CIPLA’s Anti-trust Committee. She also is a member of the N.D. Ohio Local Patent Rules Drafting Committee.
Christina has been recognized a number of times as an “Ohio Rising Star” in the area of intellectual property litigation by SuperLawyers magazine.
Christina’s recent speaking engagements include:
An adjunct professor at Case Western Reserve University School of Law teaching trademark law and trademark and copyright litigation, Christina enjoys mentoring law students interested in IP law.
Christina is a Committee Member of the CMBA’s Cleveland Volunteer Lawyers for the Arts, representing pro bono clients in the creative community. In addition, she has volunteered with the Cleveland Municipal School District (serving as a reading tutor), as an instructor for the CMBA’s “3Rs” program (teaching high school students about the Constitution) and advising an alternative high school on its law career academy curriculum.
12/31/2011 - 2011 Super Lawyers Announced