Kate A. Sherlock collaborates with clients to protect their intellectual property rights and data. She represents clients of all sizes across most major industries, including the tech, automotive, entertainment, fashion, and health care industries.
She regularly counsels clients on the right to use and ability to register trademarks and copyrights, prepares licensing agreements, performs targeted intellectual property due diligence, and handles intellectual property assignment arrangements for clients undergoing significant corporate change. Kate also drafts and negotiates social media influencer agreements, name and likeness releases, publishing agreements, software licensing and SaaS agreements, and other technology, media, and data-related agreements. As a member of Archer’s Data Privacy Group, Kate helps clients comply with various data privacy laws, including the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR). She reviews third-party vendor contracts and service level agreements and drafts both internal and outward facing policies and procedures governing data privacy and cybersecurity, including data processing agreements, privacy policies, and cookie notices.
Kate’s depth of intellectual property experience also extends to litigation. Kate regularly handles trademark opposition and cancellation proceedings before the TTAB and UDRP domain disputes. She has litigated in federal and state court in matters involving trademark and copyright infringement, false advertising, trade secret misappropriation, domain name disputes, and general contract and business tort disputes.
During law school, Kate interned for the Honorable Joel Schneider, United States Magistrate Judge for the District of New Jersey, and completed a five-month co-op with Comcast in Philadelphia, Pennsylvania. She was a member of the Drexel Law Review and also contributed over 100 pro bono hours to the Philadelphia Volunteer Lawyers for the Arts. Prior to attending law school, Kate worked as a Media Licensing Coordinator in the Business and Legal Affairs Department of MTV Networks where she negotiated third-party licensing agreements on behalf of MTV, VH1, and Comedy Central. She also has extensive experience in licensing music for placement in television and movies.
- Counseled esports organization on trademark portfolio and branding
- Drafted master services agreement and end-user policies for mobile app developer
- Negotiated and drafted social media influencer agreements on behalf of international fashion companies
- Negotiated and drafted television production agreement on behalf of social media influencer
- Drafted and negotiated name, image and likeness releases for actors performing in commercials
- Negotiated and drafted settlement agreement between board game creator and graphic designer
- Successfully defended alcoholic beverage distributor against priority claims in trademark opposition proceeding at the TTAB
- Drafted intellectual property assignment and licensing agreements as part of health care corporation’s conversion to a non-profit entity
- Drafted and negotiated publishing agreement on behalf of author
- Drafted successful trademark office action responses to overcome USPTO refusals based upon likelihood of confusion, failure to function as a trademark, and descriptiveness.
- Negotiated and drafted data processing agreements between IT service provider and corporate clients
- Represented Fortune 500 telecommunications company in litigation involving claims for tortious interference, unfair competition, misappropriation of trade secrets and violations of antitrust laws.
- Drafted and negotiated contest agreement on behalf of TikTok influencer
Professional and Community Involvement
- Technology Council- Burlington County Regional Chamber of Commerce (2018-2019)
- Mock Trial Coach for Bishop Eustace High School (2014-2015)
Awards and Recognition
- Named a “Top Attorney” for Intellectual Property by SJ Magazine (2021)
- Named an “Awesome Attorney” by South Jersey Magazine (2020, 2021)
Articles and Presentations
- CLOSING ENTRY: On your mark – An intellectual property attorney’s tips for launching a brand, NJBIZ (May 2021)
- Data Privacy and Cybersecurity Issues For The Transactional Attorney, The Barrister, CCBA (June 2019)
- Cybersecurity Checklist: 10 Steps To Protect Your Business, Guest Columnist, Chamber of Commerce Southern NJ (January 2019)
- CBD Industry Buzzing: USPTO Gives the Green Light to (Some) CBD Trademarks, Archer Client Advisory (May 2019)
- New Jersey Passes Law Protecting Employee Rights to Own and Use Inventions Developed Using Personal Time and Resources, Archer Client Advisory (March 2018)