Kerry A.Barrett

Associate

Cleveland + 1.216.586.7005

Kerry Barrett focuses her practice on policing, defending, and enforcing intellectual property rights in the United States and abroad, specifically in the areas of trademark, trade dress, trade secrets, design patents, copyright, false advertising, and unfair business practices.

She also manages global trademark and domain name portfolios and regularly counsels clients regarding brand development and the use and enforcement of intellectual property rights worldwide.

Kerry's practice includes intellectual property litigation, domestic and international trademark prosecution and enforcement, copyright registration and litigation, music licensing counseling, as well as defending brands from online threats.

She has represented clients in state and federal courts throughout the United States and in proceedings before the Trademark Trial and Appeal Board (TTAB). Kerry has been responsible for major aspects of litigation, including drafting pleadings and motions, drafting and responding to discovery requests, and favorably negotiating discovery disputes. Kerry has participated in multiple trials and has drafted witness direct and cross-examination outlines, prepared witnesses for examination, prepared exhibits, and drafted post-hearing briefs. She has been on several trial teams for cases tried to complete defense verdicts.

In addition, Kerry has substantial experience in intellectual property matters related to mergers, acquisitions, and other strategic transactions. She reviews the intellectual property portfolio of target companies to identify potential issues and provides creative solutions to facilitate the signing and closing of transactions.

Kerry is active in the Firm's pro bono practice. She serves on the Executive Board of the Young Lawyers' Section of the Cleveland Metropolitan Bar Association.

Experience

  • McCain battles Simplot in IP litigation over utility patents, design patents, and trade dress for frozen potato productsIn this competitor case, Jones Day is enforcing McCain Foods Limited's patent rights relating to McCain's French fry processing technology and potato product designs against Simplot, one of McCain's chief rivals.
  • YS Garments obtains dismissal of trademark infringement action concerning apparelJones Day represented YS Garments, LLC ("YS Garments"), and various distributors of YS Garments' products in its defense against allegations of trademark infringement and related claims concerning apparel.
  • Celgene acquired by Bristol-Myers Squibb for approximately $74 billionJones Day advised Celgene Corporation (NASDAQ: CELG) in connection with the intellectual property and technology transactions aspects of its cash-and-stock merger with Bristol-Myers Squibb (NYSE: BMY) which has an equity value of approximately $74 billion.
  • RIA in a Box acquires ITEGRIAJones Day advised RIA in a Box LLC in its acquisition of ITEGRIA, LLC, a leading provider of cloud-based virtual desktop solutions for RIAs.
  • Riverside portfolio company acquires eMindfulJones Day represented The Riverside Company in connection with the acquisition and financing by portfolio company Wondr Health (formerly Naturally Slim), a digital behavioral change company, of eMindful, a leading provider of evidence-based, mindfulness programs for everyday life and chronic conditions.
  • Riverside portfolio company acquires Plumbing Heating ParamedicsJones Day advised The Riverside Company in the acquisition by portfolio company, Threshold Brands, a multi-brand franchisor of trade service concepts, of Plumbing Heating Paramedics (PHP), a provider of HVAC system repairs, HVAC system replacements, plumbing system repairs, and recurring maintenance check-ins.
  • Riverside portfolio company acquires SCRAM Systems®Jones Day represented The Riverside Company in connection with the acquisition and financing by portfolio company LMG Holdings, Inc. of Alcohol Monitoring Systems, Inc. dba SCRAM Systems®, a leading provider of technology-enabled monitoring solutions and groundbreaking offender management software for state and local judicial systems and corrections departments.
  • Riverside acquires USA InsulationJones Day advised The Riverside Company in the acquisition by its home services platform of USA Insulation, which provides residential and commercial insulation services and manufactures, distributes, and sells insulation and insulation-related products.
  • Daikin acquires ABCO HVACR Supply + SolutionsJones Day advised Daikin North America LLC, a subsidiary of Daikin Industries, Ltd. and the world's largest manufacturer of heating, cooling, and refrigerant products, in the acquisition of ABCO HVACR Supply + Solutions, the leading full line distributor of HVAC and refrigeration systems and supplies in the Northeastern United States.
  • Wabtec to acquire Nordco for $400 millionJones Day is advising Wabtec Corporation in its $400 million cash acquisition of Nordco, a leading North American supplier of new, rebuilt, and used maintenance of way equipment with a broad product and service portfolio including mobile railcar movers and ultrasonic rail flaw detection technologies, from Greenbriar Equity Group LP.
  • LeBaronBrown Industries acquires NPS Holdings Inc.Jones Day advised LeBaronBrown Industries LLC in its acquisition of a majority interest in the NPS Towel & Tissue Division of NPT Holdings Inc., a leading towel & tissue and specialty packaging converter.
  • Transtar Holding Company sold to Blue Point Capital PartnersJones Day advised Transtar Holding Company, a portfolio of industry-leading automotive aftermarket and original equipment businesses with a focus on high-quality products and unmatched customer service, in the sale of majority ownership to Blue Point Capital Partners.
  • Riverside invests in UniFocusJones Day represented The Riverside Company in connection with its investment in UniFocus, a SaaS-based labor management solution for service industry providers.
  • Zyter acquires Casenet® LLCJones Day advised Zyter, Inc., a wholly owned subsidiary of Infinite Computer Solutions, Inc. and a leading digital health product company, in its acquisition of Casenet® LLC, a leading provider of population health products, from Cetene Corporation (NYSE: CNC).
  • Bespoke Capital Acquisition Corp. combines with Vintage Wine EstatesJones Day advised Bespoke Capital Acquisition Corp., a TSX listed special acquisition company ("BCAC"), on its business combination with Vintage Wine Estates, one of the fastest growing U.S. wine producers.
  • High Road Capital sells portfolio company General Tools & Instruments Company LLC to Worthington Industries, Inc.Jones Day represented High Road Capital Partners in connection with the sale of portfolio company General Tools & Instruments Company LLC, a provider of over 1,200 feature-rich, specialized tools with well-established brands, to Worthington Industries, Inc.
  • Riverside portfolio company acquires P3 Global Intel business from Anderson Software, LLCJones Day represented The Riverside Company in connection with the acquisition by portfolio company Navigate360, LLC of P3 Global Intel, a developer of tip and intelligence management software which provides school administrators and law enforcement with a seamless and efficient solution to address significant health and safety concerns, from Anderson Software, LLC.
  • Nordson sold screws and barrels product line to Altair InvestmentsJones Day advised Nordson Corporation in the sale of its screws and barrels product line from its polymer processing systems division to Altair Investments.
  • Riverside portfolio company acquires Social Sentinel, Inc.Jones Day represented The Riverside Company in connection with the acquisition by portfolio company Navigate360, LLC of Social Sentinel, Inc., a Vermont company that provides SaaS-based threat alerts through monitoring social media and other communication sources.
  • Riverside portfolio company acquires Social Sentinel, Inc.Jones Day represented The Riverside Company in connection with the acquisition by portfolio company Navigate360, LLC of Social Sentinel, Inc., a Vermont company that provides SaaS-based threat alerts through monitoring social media and other communication sources.
  • Riverside invests in QueTelJones Day advised The Riverside Company in connection with its investment in and related financing of QueTel, the technology leader in digital and physical evidence management that also helps law enforcement agencies handle back-office processes, such as forensic request processing, and the management of equipment, uniforms, and supplies.
  • Park Place acquires Custom Hardware Engineering & Consulting, Inc.Jones Day advised Park Place Technologies, LLC in its acquisition of Custom Hardware Engineering & Consulting, Inc., a provider of mission critical data center infrastructure services and specializing in post warranty hardware maintenance.
  • Twin River Worldwide Holdings acquires iconic Bally's brand from Caesars EntertainmentJones Day advised Twin River Worldwide Holdings, Inc. in the acquisition of the iconic Bally's brand previously owned by Caesars Entertainment, Inc.
  • Riverside invests in GSB & Associates, Inc.Jones Day represented The Riverside Company in connection with its investment in GSB & Associates, Inc., a flavor house specializing in custom flavor development with a diverse portfolio of liquid and powdered flavors.
  • Seal for Life acquires Flame Control Coatings, Highland International, LifeLast, and US CoatingsJones Day advised Arsenal Capital Partners ("ACP") on the four acquisitions by portfolio company Seal for Life of Flame Control Coatings, Highland International, LifeLast, and US Coatings, manufacturers of protective coating technologies.
  • Cobra Plastics sold to SilganJones Day advised Cobra Plastics, Inc., a manufacturer of injection molded plastic closures for a wide variety of consumer products, in its sale to Silgan Holdings Inc., a leading supplier of rigid packaging for consumer goods products.
  • FlaglerCE sold assets to Alta Equipment Holdings Inc.Jones Day advised FlaglerCE Holdings, LLC in the sale of substantially all of its assets to Alta Equipment Holdings Inc.
  • Blue Sea Capital sold NSi Industries to Odyssey Investment PartnersJones Day advised Blue Sea Capital LLC on its sale of NSi Industries, LLC to Odyssey Investment Partners.
  • Blue Sea Capital sold NSi Industries to Odyssey Investment PartnersJones Day advised Blue Sea Capital LLC on its sale of NSi Industries, LLC to Odyssey Investment Partners.
  • Blue Sea Capital portfolio company acquires Bridgeport FittingsJones Day represented Blue Sea Capital LLC in connection with the acquisition by portfolio company NSI Industries, LLC, a leading provider of electrical products, of Bridgeport Fittings, Inc., an electrical products manufacturer.
  • Universal Weather and Aviation fuel business sold to World Fuel Services for $170 millionJones Day advised Universal Weather and Aviation in the $170 million carve-out sale of its aviation fuel business to World Fuel Services, Inc.
  • PolyOne acquires Clariant color and additive masterbatch business for $1.5 billionJones Day advised PolyOne Corporation in the $1.5 billion purchase of Clariant’s global color and additive masterbatch business.
  • Cleveland-Cliffs acquires AK Steel in $1.1 billion stock swapJones Day advised Cleveland-Cliffs Inc. (NYSE: CLF) in its merger with AK Steel Holding Corporation (NYSE: AKS) pursuant to which Cliffs acquired all of the issued and outstanding shares of AK Steel common stock.
  • PolyOne sells its Performance Products and Solutions business to SK Capital Partners for $775 millionJones Day advised PolyOne Corporation (NYSE: POL), a leading global provider of specialized polymer materials, services and solutions, in its $775 million cash sale of its Performance Products and Solutions business to SK Capital Partners.
  • Morgan Stanley Capital Partners portfolio company acquires iMark MoldingJones Day represented Morgan Stanley Capital Partners in connection with the acquisition and related financing by portfolio company Comar Holding Company, LLC of iMark Molding, LLC ("iMark") from the original iMark founders.
  • R.J. Reynolds wins complete defense verdict in Morales personal injury suitOn August 22, 2018, following seven days of trial, a state court jury in Miami, Florida returned a unanimous defense verdict in favor of Jones Day client R.J. Reynolds Tobacco Company in a personal injury lawsuit.
  • Riverside sells ProSites to Rockbridge Growth EquityJones Day represented The Riverside Company in connection with the sale of digital marketing provider ProSites, Inc., to Rockbridge Growth Equity.
  • Riverside acquires OmniUpdate and merges with Destiny SolutionsJones Day represented The Riverside Company in connection with the acquisition and related financing of OmniUpdate, the leading web content management system (CMS) provider for higher education, and subsequent merger with its portfolio company Destiny Solutions, the leading student lifecycle management solution provider for continuing education and other non-traditional higher education students.
  • TriMas sold Lamons business to First Reserve for $135 millionJones Day advised TriMas Company, LLC, a wholly-owned subsidiary of TriMas Corporation, in its $135 million sale of its Lamons business, a provider of industrial sealing and fastener solutions used in mission-critical, high-consequence applications in the petrochemical, petroleum refining, midstream energy transportation, upstream oil and gas, metropolitan water and wastewater management end markets, to First Reserve, a private equity firm focused on energy investing.
  • Newell Brands sells Process Solutions to One Rock Capital Partners, LLC for $500 millionJones Day advised Newell Brands Inc. in the sale of its Process Solutions business to One Rock Capital Partners, LLC for $500 million in cash.
  • Arsenal Capital Partners acquires Seal for Life Industries from Berry Global Group Inc. for $328 millionJones Day advised Arsenal Capital Partners on the $328 million acquisition of Seal for Life Industries from Berry Global Group Inc.
  • PPC Flexible Packaging acquires Popular Ink, LLCJones Day represented Morgan Stanley Capital Partners and its portfolio company, PPC Flexible Packaging, LLC, in PPC's acquisition and related financing of Popular Ink, LLC, a leading provider of custom printed flexible packaging for the consumer products market throughout the United States.
  • R.J. Reynolds wins complete defense verdict in Damiano personal injury lawsuitOn May 23, 2018, after a trial lasting 11 days, a jury in Sarasota, Florida returned a complete defense verdict in favor of Jones Day client R.J. Reynolds Tobacco Company in a personal injury lawsuit.
  • Flowers Foods acquires Canyon Bakehouse for $205 millionJones Day advised Flowers Foods, Inc. in its $205 million acquisition (including a performance-based contingent payment of $5 million) of Canyon Bakehouse, LLC, a privately held, gluten-free baking company based in Johnstown, Colorado.
  • Western Allegheny Capital acquires Oberg IndustriesJones Day advised Western Allegheny Capital in connection with the acquisition and related financing of Oberg Industries, a full-service contract manufacturer of precision machines and stamped components located in Pittsburgh, Pennsylvania.
  • Norwest Equity Partners makes significant investment in Institute for Integrative NutritionJones Day represented Norwest Equity Partners in connection with its significant investment in and related financing of the Institute for Integrative Nutrition.
  • Riverside acquires Naturally Slim®Jones Day represented The Riverside Company in connection with the acquisition and related financing of NS412, LLC (d/b/a Naturally Slim®), a leading digital health platform focused on helping participants reduce Metabolic Syndrome, lose weight, and lead healthier lives.
  • Newell Brands sells The United States Playing Card Company to Cartamundi GroupJones Day advised Newell Brands Inc. in the sale of The United States Playing Card Company ("USPC") to Cartamundi Group, a leading manufacturer and distributor of playing cards and board games.
  • Conagra Brands sells Direct Store Delivery snacks business to Utz Quality Foods, LLCJones Day advised Conagra Brands, Inc. in connection with its divestiture of its Direct Store Delivery snacks business to Utz Quality Foods, LLC.
  • High Road Capital portfolio company acquires Garden WeaselJones Day advised High Road Capital Partners in connection with the acquisition and related financing by portfolio company General Tools & Instruments of Garden Weasel, a specialized lawn and garden tools provider.