Julia Huston

Partner, Chair, Trademark, Copyright & Unfair Competition Practice - Boston

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Julia Huston is well known for achieving outstanding results for clients in high-stakes intellectual property and business litigation cases.  She is a Partner in Foley Hoag LLP’s Intellectual Property and Litigation Departments, Chair of the firm’s Trademark, Copyright and Unfair Competition practice group, and Co-Chair of the Advertising and Marketing practice group.

Julia provides a full range of services to clients in connection with their valuable intellectual property, including litigation, strategic transactions, portfolio development, and counseling.  Julia’s experience extends to:

  • Trademarks
  • Copyrights
  • Patents
  • Trade secrets
  • False advertising 
  • Domain name piracy
  • Defamation and commercial disparagement
  • Unfair competition
  • Licensing and contracts
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Education:

  • Boston University School of Law, J.D., magna cum laude, 1992
  • Harvard University, Ed.M., 1989
  • Boston University, B.S., magna cum laude, 1987
  • Boston University, B.A., magna cum laude with distinction, Phi Beta Kappa, 1987

Representative Experience

  • Represented clients in trademark, copyright and contract disputes relating to a wide spectrum of issues, including drugs and biologics, software, consumer goods, education, publishing, professional services, e-commerce, social networking, food and beverages, and entertainment services.
  • Litigated trademark disputes involving such familiar names as Harvard, Alta Vista, Boston Duck Tours, and U.S. Trust, as well as trade dress such as the Keds blue rectangle design used on the heels of shoes.
  • Litigated copyright disputes on behalf of major movie studios, software companies, medical services providers, and the designers, manufacturers and distributors of various consumer products.
  • Represented national companies and institutions in an array of technology-based patent disputes involving such products as computer software, web-based services, business methods, aerodynamics in small appliances, extruded plastics, athletic shoes, and car safety devices.
  • Played a leading role in numerous jury trials in trademark, copyright, patent and business litigation cases. Won a $20.7 million verdict in a case involving the false advertising and commercial disparagement of musical instruments. Invalidated a patent for speech recognition software, thereby defeating a multi-million dollar claim for damages.
  • Successfully represented clients at mediations in numerous trademark, copyright and patent cases.
  • Secured clients’ trademark rights through consistently aggressive advocacy, resulting in favorable settlements in hard-fought cases involving famous marks in a wide variety of industries, including banking, publishing, hospitality, internet search engine, medical services, and consumer products.
  • Counseled clients with respect to all aspects of trademark prosecution, enforcement, defense and licensing. Addressed wide range of trademark issues before the Patent and Trademark Office and Trademark Trial and Appeal Board, including likelihood of confusion, descriptiveness, fame and mutilation.
  • Counseled clients with respect to copyright protection for works as diverse as cartoon characters, musical recordings, photographs, paintings, religious texts, films and computer software. Successfully argued appeals of the U.S. Copyright Office’s refusal to register business logos and sculptural works.
  • Testified as expert witness in federal and state court proceedings regarding trademark infringement, trademark assignments and licenses, and intellectual property holding companies.
  • Completed mediation training and joined INTA Trademark Mediators Network as a mediator in trademark cases.

Professional Experience

  • Has taught intellectual property law topics at the MIT Sloan School of Management as a guest lecturer (2010, 2011, 2012)

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Honors

  • Ranked in top tier of Massachusetts trademark attorneys in Worldwide Trademark Review's WTR 1000 Ranking (2011, 2012, 2013, 2014)
  • Received Women of Justice award from Massachusetts Lawyers Weekly, in partnership with the Women's Bar Association and Massachusetts Association of Women Lawyers (2009)
  • Received Lelia Josephine Robinson Award from Boston University School of Law Women's Law Association for exemplary leadership in the community (2008)
  • Received Dow-Gardiner-Landrum Award from Greater Boston Legal Services for outstanding commitment to legal services for the poor (2011)
  • Selected for inclusion in Top 50 Women New England Super Lawyers (2007–2013), Top 100 New England Super Lawyers (2007-2009, 2011-2012), Top 50 Women Massachusetts Super Lawyers (2005, 2007-2013), Top 100 Massachusetts Super Lawyers (2007-2013), and Massachusetts Super Lawyers (2004-2013)

Involvement

  • Boston Bar Association, President-Elect and Council Member
  • International Trademark Association, Vice-Chair of Parallel Imports Committee and Member of Trademark Mediators Network 
  • Intellectual Property Owners Association, U.S. Trademark Law Committee, Member and Past Vice-Chair
  • Sponsor of Model State Trademark Bill in Massachusetts, which was signed into law in August 2006, on behalf of the International Trademark Association and the Boston Bar Association
  • Greater Boston Legal Services, Past-President
  • Equal Justice Coalition of Massachusetts, Past-Chair
  • Women's Bar Association of Massachusetts, Past-President
  • Panelist, “Trademark and Copyright Fair Use,” Intellectual Property Owners Association Annual Meeting, Boston, September 16, 2013
  • Moderator, “Strategies for Combatting Gray Market Goods in the U.S.,” Table Topic Discussion at the International Trademark Association Annual Meeting, Dallas, May 4, 2013
  • Panelist, “Parallel Imports and Gray Market Goods Under U.S. Law,” International Trademark Association webcast, September 13, 2012 
  • Co-Facilitator, Roundtable Discussion with Commissioner of Trademarks Deborah Cohn, INTA-USPTO Roundtables, Boston, June 14, 2012 (with Co-Facilitator Craig Morris, USPTO) 
  • Moderator, “Working With U.S. Customs to Address Parallel Imports,” Table Topic Discussion at the International Trademark Association Annual Meeting, Washington, D.C., May 9, 2012 
  • Moderator, “gTLDs: Status, Process and How is It Working?,” International Trademark Association Roundtable, Boston, April 4, 2012 
  • Panelist, “Intellectual Property Year in Review,” Intellectual Property Section of the Boston Bar Association, January 18, 2012
  • Moderator, “The Domain Name Deluge: What In-House Counsel Need to Know About ICANNs New gTLD Program,” Association of Corporate Counsel (ACC) webinar, December 12, 2011
  • Moderator, “Strategies for Conducting a Successful Trademark Audit,” Table Topic Discussion at the International Trademark Association Annual Meeting, San Francisco, May 18, 2011 
  • Panelist, “The Trademark Trial and Appeal Board Comes to Boston,” Boston Patent Law Association, April 29, 2011 
  • Moderator, “You Said What?!? Recognizing When Your Marketing has Crossed the Line,” Association of Corporate Counsel Annual Meeting, San Antonio, October 26, 2010 
  • Moderator, “Use and Abuse of Trademarks on the Internet,” Intellectual Property Owners Association Annual Meeting, Atlanta, September 13, 2010
  • Panelist, “Intellectual Property Year in Review,” Intellectual Property Section of the Boston Bar Association, January 13, 2010
  • Panelist, “Brand Theft: Where Has My Goodwill Gone,” American Bar Association Section of Litigation Annual Conference, Atlanta, April 30, 2009
  • Panelist, “Life is Unfair but Competition Shouldn't Be: Red Flags, Fouls, and Other Dangers in a Competitive World,” American Bar Association Committee on Corporate Counsel, Orlando, February 13, 2009
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Bar Admissions

  • Massachusetts
  • New York

Court Admissions

  • U.S. Court of Appeals Federal Circuit
  • U.S. Court of Appeals First Circuit
  • U.S. Court of Appeals Second Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. Court of Federal Claims