Current Employment Position(s)

Of Counsel

Lawyer Overview

Ms. Archer has extensive experience litigating intellectual property matters, including trademark, patent, unfair competition, and copyright cases (click here to view her securities profile). Ms. Archer's practice also includes counseling clients on trademark and copyright matters, including prosecuting applications before the U.S. Patent and Trademark Office, and litigating trademark opposition and cancellation proceedings. Ms. Archer has substantial experience litigating trademark and trade dress cases, including those involving the Internet, disputes involving domain names and black-market software. She also has managed extensive trademark policing programs, especially those involving Internet infringement. Ms. Archer's courtroom experience includes having first- or second-chaired over ten jury trials, bench trials and preliminary injunction hearings.

Prior to developing her intellectual property litigation expertise, Ms. Archer handled a variety of disputes, including complex business litigation, environmental litigation, product liability litigation, securities arbitrations, municipal litigation and appeals. Ms. Archer also is well-versed in the use of presentation technologies and graphics at trial. In Ms. Archer's capacity as president of Archer Jury Focus, LLC, she conducted focus groups, performed videotaped witness preparation, completed post-verdict jury interviews, and was involved in several mock trials and hearings, including Markman and appellate hearings.

Ms. Archer's significant experience includes:

• Handled numerous trademark and trade dress infringement cases, including several for financial services institutions. In one case that Ms. Archer first-chaired, Security Bank of Southwest Missouri v. Security Bank, she was retained to replace counsel after a temporary restraining order (“TRO”) was entered against the defendant. She succeeded in getting the TRO reversed and the request for a preliminary injunction denied. A favorable settlement subsequently was obtained for her client. She also was lead counsel in another financial services trademark infringement case, Leader Mortgage Company v. U.S. Bancorp, N.A., that resulted in a favorable settlement for U.S. Bank.
• Lead counsel for national recording industry association in four states combating infringing music downloads.
• First-chaired several trademark and copyright cases that involved substantial computer software and Internet-related issues, including those in which the domain name was in issue.
• Litigated several trademark cases in which consumer products were in issue, including one involving a national restaurant chain (Applebee’s International, Inc. v. Societe Des Produits Nestle, S.A.), and another that centered on the trade dress of a nationally famous dog treat (S&M Nutec, LLC v. TFH Publications, Inc.). Both resulted in favorable settlements for her clients.
• Lead counsel in the landmark electronic discovery case, Balboa Threadworks, Inc. v. Stucky, in the U.S. District Court for the District of Kansas. Successfully settled copyright and infringement claims using electronic evidence obtained from defendants’ computers.
• First-chaired several trademark opposition matters before the U.S. Patent and Trademark Office and the Trademark Trial & Appeal Board.
• Litigated several patent cases and patent arbitration and Markman hearings.
• First-chaired a lengthy N.A.S.D. securities arbitration hearing.
• Handled a substantial breach of contract action on behalf of a national seminar company that resulted in a very favorable settlement (Progressive Business Publications, Inc. v. SkillPath Seminars).
• Successfully litigated major Robinson-Patman Act antitrust case on behalf of largest cattle growth implant manufacturer in the United States (Walco International Inc. v. Ivy Animal Health Inc.).
• Successful settlement for defendant Internet marketer in trademark infringement action following preliminary injunction hearing (Chemidex v. Chemdex).
• Litigated breach of contract and unauthorized biography case involving famous rock star (Huff v. Sammy Hagar).
• Litigated covenant not to compete case involving national greeting cards manufacturer (Hallmark Cards Inc. v. Callison).
• Obtained entry of a summary judgment in a substantial business litigation matter on behalf of a local limited liability company against a nationally famous investment company (Lynch Multimedia, et al. v. Carson, et al.).
• Performed trial consulting services in a wide variety of business litigation and product liability matters, including witness preparation, development of trial graphics, preparation of opening arguments and closing statements, general trial presentation services and post-trial jury research.
• Performs extensive reviews of product designs to assess intellectual property issues for leading national retailer.
• Manages trademark portfolio of the largest seminar company in the world (SkillPath Seminars).
• Tried several civil tort jury trials and obtained favorable verdicts.

Ms. Archer was Law Clerk to Justice Fred N. Six of the Kansas Supreme Court from 1992 to 1994.

Areas of Practice

• Intellectual Property
• Copyright
• Corporate Transactions
• Intellectual Property Litigation
• Internet Litigation
• Licensing and Preserving Ownership of Data Rights
• Licensing
• Patents
• Risk Management
• Technology Transfer and Licensing
• Trademarks
• Business Litigation
• General Business & Complex Commercial Litigation
• Trade Secrets/Covenants Not to Compete

West Practice Categories

Business & Commercial Law, Copyrights, Intellectual Property Law, Litigation & Appeals, Technology Licensing

Bar Admissions

• Missouri, 1993
• Kansas, 1992
• U.S. Court of Appeals for the Tenth Circuit, 2000
• U.S. Court of Appeals for the Eighth Circuit, 1997
• U.S. District Court for the Western District of Missouri, 1993
• Kansas Supreme Court, 1992
• U.S. District Court for the District of Kansas, 1992

Professional Associations and Memberships

• Professional Memberships
• Round Table Group Expert Network -- Trademark Law
• U.S. District Court for the District of Kansas Bench Bar Committee Member, 2005-2008
• Earl E. O'Connor Kansas Inn of Court, Master, Board Member, 2008 Ethics Seminar Chair and Current Co-Chair Community Outreach
• American Bar Association
• Kansas Bar Association
• The Missouri Bar
• Association of Women Lawyers of Greater Kansas City
• Kansas City Metropolitan Bar Association
• ABA Section of Litigation, Special Committee on Jury Innovations, 2009
• ABA Section of Litigation, Co-Chair Expert Witness Committee, 2008 to present
• ABA Section of Litigation, Expert Witness Committee, Program Subcommittee Co-Chair, 2006-2008
• ABA Section of Litigation, Intellectual Property Litigation Committee, Trademarks Subcommittee, Co-Chair, 2008-Present
• ABA Section of Litigation, Intellectual Property Litigation Committee, Internet & Computer Litigation Subcommittee, Co-Chair, 2006-2008
• Civic Activities
• Folly Theater, President, Board of Directors, 2007-present
• Metropolitan Performing Arts Center Ambassador, 2006-2008
• Kansas Masonic Center Foundation Uncork the Cure Fundraiser Committee Member, 2004-2006
• Leadership Overland Park, Graduate, 2000
• City Attorney for City of Countryside, Kansas, 1997-1998

Honors and Awards

• Best of the Bar by the Kansas City Business Journal, 2009
• Selected for Missouri/Kansas Super Lawyers - 2009
• Martindale-Hubbell® "AV" Rating
• American Bar Association, Litigation Section, Expert Witnesses Committee Co-chair, 2009
• American Bar Association, Litigation Section, Outstanding Subcommittee Chair, 2008
• Kansas Law Review, Managing Editor & Staff Member, 1990-1992
• Payne & Jones Appellate Advocacy Award, 1990
• American Jurisprudence Award in Constitutional Law I and II
• Judicial Clerkship Clinic, Judge Michael J. Malone, Kansas District Court, 1991

Education

• University of Kansas School of Law, 1992
  J.D.
• University of Kansas, 1991
  Ph.D., Communication Studies
• Wayne State University, 1984
  M.A., Communication Studies
• Gonzaga University, 1982
  B.A., Speech Communication
  Honors: summa cum laude

Published Works

• Joan Archer a Featured ABA Panelist on Adware, Spyware, 2009
• Joan Archer Appointed to Two ABA Special Committees, 2009
• Kansas City Business Journal: Web addresses will enter a new and bigger domain, 2009
• Joan Archer Featured in "Legal Issues Protecting Your Product", 2009
• Joan Archer Appointed to Lead ABA Expert Witness Committee, 2008
• Joan Archer Presents at ABA Annual Meeting on Initial Expert Meetings, 2008
• ABA Section of Litigation Names Joan Archer Outstanding Subcommittee Chair, 2008
• Joan Archer Joins Lathrop & Gage's Intellectual Property Practice, 2006

Address

2345 Grand Blvd.
Suite 2800
Kansas City, MO 64108

Phones

(816) 460-5338 (Business Phone)

Faxes

(816) 292-2001 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.lathropgage.com/