Christopher D. Newkirk Minneapolis, Minnesota
| Associate | |
| phone | 612 375-5958 (Direct Dial) 866 435-5752 (Toll-free) |
| fax | 612 339-7655 |
| Email Me | |
Chris Newkirk focuses his practice on general commercial and intellectual property litigation including trademark, trade dress, unfair competition, and copyright. He has extensive first chair jury and bench trial experience and has conducted nearly 40 jury trials and over 70 bench trials to verdict. In addition to his current focus on civil litigation, he has years of experience in criminal prosecution and class action lawsuits.
REPRESENTATIVE CASES
Intellectual Property
Copyright Infringement: Represented graphic designer in infringement action involving creation of a business concept.
Licensing Agreement: Drafted agreement licensing client's copyrights and trademarks for multiple products to television producer for use in television series.
Trademark Prosecution: Successfully secured trademark from United States Patent and Trademark Office for corporate client. Used TEAS to file all paperwork, including application and responses to office actions.
Trademark Infringement/Trade Dress infringement: Achieved dismissal on summary judgment for playground-equipment manufacturer. Case named one of the "Top Ten Trademark Decisions: 2004-2005" by the Midwest Intellectual Property Institute.
Trademark Infringement/Business Defamation/Deceptive Trade Practices: Secured pre-trial settlement for client manufacturer of anti-corrosive chemicals and protective wraps.
Trademark Infringement/Unfair Competition: Defended premium-grade masking tape manufacturer in case involving single-color mark.
Commercial Litigation
Breach of Contract/Strict Liability: Counsel for component-part manufacturer following a chemical leak at food-manufacturing plant. Over $200,000,000 in alleged lost profits and real-property damages.
Breach of Contract: Defended technology firm in action involving complex commercial scanners and software.
Misappropriation of Trade Secrets/Unfair Competition: Employment dispute involving competing mechanical and electrical-parts distributors.
Negligence/Breach of Warranty: Defense counsel in products-liability action for manufacturer of dairy stalls and dairy-barn components.
- Bar Admissions:
- Minnesota, 2000
- Missouri, 1999
- Indiana, 1994
- U.S. District Court District of Minnesota, 2001
- U.S. District Court Southern District of Indiana, 1994
- Education:
- Drake University Law School, Des Moines, Iowa,
1994
J.D. - Vanderbilt University, Nashville, Tennessee,
1991
B.A.
- Published Works:
- "The ConnectU and Facebook Dispute: Has the Final Chapter Been Written?", Intellectual Property & Technology Law Journal, December, 2008
- "Copyright Ownership and the Work-For-Hire Doctrine", DRI's Defending IP Claims Compendium Volume Two, Fall, 2007
- "Trademarks on the Internet: the 2007 Update", the IP book, Fall, 2007
- "Well, That Didn't Take Long! Viacom Battles Google and YouTube.", Privacy & Data Security Law Journal, May, 2007
- "Does YouTube's Bright Past Mean a Cloudy Future?", Intellectual Property & Technology Law Journal, January, 2007
- Contributing Author, Intellectual Property Law Reference Guide, Third Edition, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., May, 2006
- "A License to Sample", American Bar Association's IPL Newsletter, April, 2005
- "Use of Expert Witness and Surveys in Intellectual Property Litigation", Intellectual Property Law Reference Guide; Arthur, Chapman, Kettering, Smetak & Pikala, P.A, December, 2004
- "Trademark Infringement Damages", Commercial Litigation Update; Arthur, Chapman, Kettering, & Pikala, P.A, November, 2004
- "Punitive Damages - A Shift in the Defense's Favor", Commercial Litigation Update; Arthur, Chapman, Kettering, Smetak & Pikala, P.A., September, 2003
- "Trademark Fundamentals", "Copyright Fundamentals", and "Patent Fundamentals", Intellectual Property Law Reference Guide; Arthur, Chapman, Kettering, Smetak & Pikala, P.A., March, 2003
- "Affirmative Defenses - Exceptions to Strict Liability", "Affirmative Defenses - Statutes of Limitation" and "Optional Safety Equipment", Minnesota Products Liability; Arthur, Chapman, Kettering, Smetak & Pikala, P.A, December, 2002
- Classes/Seminars Taught:
- A Litigation Paralegal's Guide to Case Management, "Effective Document Control and Organization", National Business Institute, November 7, 2008 - Present
- Discovery Strategy: Finding the Smoking Gun, "Depositions--Utilizing the "Human" Factor", National Business Institute, April 30, 2008