Ms. Archer, who was named one of the Top 50 Women Attorneys in Missouri and Kansas by Super Lawyers, has extensive experience trying intellectual property matters, including trademark, patent, unfair competition, and copyright cases, as well as complex business litigation matters (click here to view her securities profile). Ms. Archer's practice also includes counseling clients on trademark and copyright disputes, prosecuting applications before the U.S. Patent and Trademark Office, and litigating trademark opposition and cancellation proceedings. Ms. Archer has tried general trademark and trade dress cases, including those involving the Internet, disputes involving domain names and black-market software. She also has managed 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 tried a variety of cases, including those in the areas of complex business litigation, environmental litigation, product liability litigation, securities litigation and arbitrations, municipal litigation and appeals. Ms. Archer is well-versed in the use of trial presentation technologies and graphics. 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:
- Tried several 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.
- Counsel for national recording industry association in four states combating infringing music downloads.
- First-chaired several trademark and copyright cases that involved computer software and Internet-related issues.
- Litigated several consumer product trademark cases, 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.
- Obtained a favorable settlement in a breach of contract/covenant not to compete action involving a major animal health company.
- Obtained favorable settlements in action brought against part suppliers seeking reimbursement of costs associated with litigation and a product recall due to the defective parts.
- 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.
- Tried several false arrest and malicious prosecution cases and obtained jury verdicts on behalf of the defendants.
- Obtained a favorable settlement in a breach of contract action on behalf of a national seminar company. (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.
