Kimberly Culp works with digital media, video game, and consumer products companies to resolve their high-stakes intellectual property disputes. Before a lawsuit is filed, Kimberly counsels her clients on risk management and pre-litigation disputes to assess and manage risk in a wide variety of matters, with an emphasis on advertising, marketing, and intellectual property issues.

When litigation is unavoidable, Kimberly has the proven experience to successfully represent her clients in all aspects of litigation. She has been lead trial counsel before a state agency and has tried cases in state and federal court before juries and judges, at arbitration, and before state agencies. In all aspects of her practice, Kimberly’s focus is on helping her clients reach their strategic goals, whether the client is an early-stage company with limited resources or a mature company operating on a tight budget.

Key Areas

  • Video Games
  • Emerging Technologies
  • Consumer Products and Services
  • Digital Media

Practice Areas

  • Litigation
  • Intellectual Property Litigation
  • Intellectual Property
  • Trademarks and Brand Protection
  • Trademark Litigation
  • Advertising and Marketing Litigation
  • Employee Mobility and Trade Secrets
  • Advertising and Marketing
  • Class Action Defense
  • Commercial Litigation
  • Class Action Defense
  • Appellate Litigation

Experience & Affiliations

Representative Matters

Trademark, Trade Dress, Copyright, Patent, and False Advertising
  • For video game company, successfully negotiated resolution of copyright dispute.
  • Obtained complete victory in trademark dispute shortly after filing lawsuit for plaintiff.
  • For international brand, obtained favorable settlement and sanctions order against opposing counsel in trademark dispute.
  • For digital media company, successfully resolved dispute involving digital scraping before any lawsuit was filed.
  • For plaintiff consumer products start-up in trade dress action won a rapid and favorable settlement.
  • Represented online provider of college applications in patent and Lanham Act litigation in bench and jury trials.
  • For consumer products company successfully rebuffed claims of trademark infringement in pre-litigation dispute resolution, without any complaint being filed.
  • Specially advised trial team on false advertising jury instructions and briefing for Northern District of California false advertising trial.
  • Represented university system in patent litigation regarding medical device patent.
  • Represented medical device manufacturer in patent and Lanham Act litigation.
Trade Secrets, Unfair Competition, and Commercial Litigation
  • In multi-party dispute over trade secret misappropriation of video game concept, obtained favorable settlement for accused defendant.
  • Obtained a favorable settlement for a consumer products company involved in a trade secret dispute.
  • Following a bench trial in a limited liability company dispute involving interpretation of an operating agreement, settled favorably for client.
  • In breach of contract and fiduciary duties litigation with hundreds of millions of dollars at stake, obtained very favorable settlement for plaintiff on the eve of trial.
  • Obtained a favorable settlement on behalf of an executive accused of backdating stock options.
  • Represented a hardware start-up manufacturer in "bet-the-company" litigation alleging misappropriation of trade secrets and unfair competition. Obtained a complete dismissal of the suit and settlement of all claims.
Class Action Defense
  • Defending breach of warranty claims, won motion to strike class allegations against multi- national automobile manufacturer, which resulted in rapid and favorable settlement thereafter.
  • Defending advertising networks in class actions brought over e-mail advertising, and obtaining favorable settlements.
  • Defended multi-national brand in class action advertising dispute, which settled favorably before any discovery was exchanged.
Representative Appellate Matters
  • Won affirmation at Virginia Supreme Court of order denying records request from government body.
  • Won unanimous affirmation at the D.C. Circuit Court of Appeal that a Civil Investigative Demand was unenforceable. The decision represents the first time in decades that a federal appeals court has struck down an administrative subpoena issued by the federal government.
  • Won affirmation of jury verdict at a California Court of Appeal, following briefing and argument.
  • Won affirmation of a costs award at a California Court of Appeal, following briefing and argument.
  • Reversed district court order dismissing case at Ninth Circuit Court of Appeal.
  • Represented software manufacturer in copyright appeal at Ninth Circuit Court of Appeal.

Professional Organizations

  • State Bar of California
  • American Business Trial Lawyers
  • San Francisco County Bar Association
  • University of California, Hastings College of the Law | Board of Governors

Admissions

  • All state and federal courts in California
  • United States District Court, Eastern District of Wisconsin
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the District of Columbia Circuit
  • United States Court of Appeals for the Federal Circuit

Speaking Engagements

  • August 2018, "#Ad Disclosures:  Federal Trade Commission Best Practices for Brands and Social Media Influencers," ABA Webinar
  • May 14, 2018, "How to Work with Influencers to Avoid Scrutiny from Government Regulators," Pocket Gamer Connects
  • April 16, 2018, "IP and Licensing Issues in Virtual Reality," Venable's Annual Advertising Law Symposium
  • April 19, 2018, "#Ad Disclosures:  Federal Trade Commission Best Practices for Brands and Social Media Influencers," ABA 33rd Annual Intellectual Property Spring Law Conference
  • October 2017, "Ghosts in the Machinima:  Law and Culture in Augmented and Virtual Worlds," The Spangenberg Center for Laws, Technology & the Arts at Case Western Reserve University
  • October 2017, "The Future of Imagination:  Virtual Reality, Augmented Reality, and How We Shape Our World," The City Club of Cleveland
  • June 28, 2017, "6 Legal Areas No Mobile Game Developer Should Ignore," Pocket Gamer Connects San Francisco
  • May 10, 2017, "Virtual and Augmented Reality for Games & Entertainment" at LA Games Conference
  • May 6, 2017, "AR/VR 101: Where We're at and How We're Building the Future" at the TiEcon 2017 Conference
  • April 20, 2017, "Terms of Use are Only Useful if Enforced: How to Craft Enforceable Terms of Use in Mobile," Venable's Ad Law Symposium
  • April 5, 2017, "Legal Compliance…I Choose You! An IP Discussion of Augmented Reality" at the American Bar Association's 32nd Annual Intellectual Property Law Conference
  • March 17, 2017, "10 Ways to Protect Your Brand," SK Telecom Americas Innovators Accelerator
  • March 10, 2017, "Successful Strategies for Working with Challenging Opposing Counsel in Federal Litigation" hosted by the San Francisco Trial Lawyers Association
  • October 27, 2016, "Protecting Your Brand," Bar Association of San Francisco
  • September 14, 2016, "Is the Nation’s Toughest Fair Pay Act Bridging the Gap in California?" hosted by WAVe and Venable LLP
  • April 12, 2016, "East Coast vs. West Coast Advertising Litigation Perspectives" at Venable's 3rd Annual Advertising Law Symposium
  • February 2, 2016, "Diversity Matters: The Laws of Attraction" for the San Francisco Trial Lawyers Association
  • October 20, 2015, "E-Discovery Hot Topics" hosted by Venable LLP
  • October 1, 2015, "2015 Brand IP Seminar, San Francisco" hosted by Venable LLP
  • August 17, 2015, "The Need to Know About Native Advertising," for the San Francisco Bar Association
  • July 30, 2015, "Diversity Matters: Laws of Attraction," Hosted by Venable LLP and Osborne Clarke
  • January 30, 2015, "Advertising in a Digital Age," for the San Francisco Trial Lawyers' Association
  • October 20, 2014, Bridging the Gaps: An Advertising Law Symposium Hosted by Venable LLPOctober 15, 2014, "Advertising and Privacy in the Internet Age: Guidance for On-Line Commerce," for the San Francisco Bay Area ACC Chapter and ABA Section of Antitrust Law
 

Honors and Awards

  • Selected to Northern California Super Lawyers® Rising Stars, 2012 - 2018

Publications

  • May 12, 2018, Disclosing A Brand Affiliation In Video Content, The Social Media Monthly, Kimberly Culp
 
  • April 20, 2018, Lindsay Lohan Loses Right of Publicity Appeal against Grand Theft Auto, Kimberly Culp, Taylor G. Sachs, Gamasutra, V
 
  • February 2018, Filthy Lucre: Regulatory Risks of Digital Currency, Loot Crates, and Kimberly Culp, Christopher L. Boone, Evan R. Minsberg, Andrew E. Bigart, Other Video Game Monetization Strategies
 
  • Spring 2017, The Collision of VR, Big Data, and the LawVol. 4 2017 edition of the German American Chambers of Commerce’s Legal & Tax Newsletter, Kimberly Culp, Shannon K. Yavorsky
 
  • October 2017, Augmented Reality and Fair Use: Narrowing the StandardBloomberg BNA's Electronic Commerce & Law Report, Meaghan H. Kent, Kimberly Culp, Briana C. Rizzo California
 
  • September 27, 2017, The Collision of VR, Big Data and the LawDaily Journal, Kimberly Culp, Shannon K. Yavorsky
 
  • September 14, 2017, Digital Scraping Update for the Northern District of CaliforniaIP Buzz, Justin E. Pierce, Kimberly Culp
 
  • August 22, 2017, Candy Lab And The Changing Reality Of Augmented Reality National PaceLaw360, Kimberly Culp, Taylor G. Sachs
 
  • July 3, 2017, Augmented Reality Legal Issues are Very RealIntellectual Property, Shannon K. Yavorsky, Kimberly Culp
 
  • May 22, 2017, Augment Your Legal Knowledge of Augmented RealityDigital Media Link, Kimberly Culp, Shannon K. Yavorsky
 
  • May 22, 2017, Regulatory Risks of In-Game and In-App Virtual Currency, Andrew E. Bigart, Kimberly Culp, Evan R. Minsberg, Digital Media Link
 
  • May 4, 2017, Copyright considerations for Ads Using EmojiAllAboutAdvertisingLaw.com, Kimberly Culp
 
  • February 1, 2017, Using Virtual Currency in Your Game Requires Compliancy TooApp Developer Magazine, Kimberly Culp, Evan R. Minsberg
 
  • January 26, 2017, Geolocation – Find Out Where You Are Before the FTC DoesDigital Media Link, Nicholas M. DePalma and Kimberly Culp
 
  • January 25, 2017, 2017 Trends in Mobile GamingDigital Media Link, Kimberly Culp
 
  • January 23, 2017, Smart Ways to Drive Traffic and Revenue to Your Video GameDigital Media Link, Kimberly Culp, Po Yi
 
  • December 6, 2016, Back In the Game Patenting Video GamesIP Buzz, Kimberly Culp, William A. Hector
 
  • October 21, 2016, Are Your Mobile Game's Terms of Use Enforceable?App Developer Magazine, Kimberly Culp
 
  • October 2016, New Media Affords New Ways to Deliver Advertising and Branded, Kimberly Culp, Amy Ralph Mudge, Randal M. Shaheen, The Licensing Journal, Volume 36, Number 9, Content—and New Challenges
 
  • September 2016, When Can I Use a Person's Likeness in My Game?, Kimberly Culp
 
  • Summer 2016, New Media Affords New Ways to Deliver Advertising and Branded Content—and New ChallengesCalifornia Business Law Practitioner Volume 31/ Number 3 (Summer 201, Kimberly Culp, Amy Ralph Mudge, Randal M. Shaheen
 
  • September 2016, Is Your Site Just Linking for Trouble?Response Magazine, Jeffrey D. Knowles, Kimberly Culp
 
  • May 13, 2015, Ambitious Plaintiffs, So Help Them, Will Find WarrantiesDaily Journal, Kimberly Culp
 
  • April 3, 2015, Reminder to Mind Your Global Brand StrategyDaily Journal, Kimberly Culp
 
  • March 4, 2015, Think you’re going to supplement your expert disclosure? Think again.Daily Journal, Kimberly Culp
External Publications
  • LegalTchNews and Law.com quotes Kimberly Culp about intellectual property issues around AR or VR products.
  • Inside Counsel quotes Kimberly Culp on the legal challenges facing augmented reality and mixed reality
  • Inside Counsel interviews Kimberly Culp on legal issues surrounding augmented reality in video games
  • Today’s General Counsel features Kimberly Culp’s authored article

Insights