Caiola & Rose

With significant experience across all areas of intellectual property and day-to-day business matters, Lindsay Henner’s practice is uniquely full service.

Lindsay began her career at a top-50 international law firm headquartered in Atlanta where she practiced for nearly a decade, directing comprehensive, business-first legal strategies and counseling corporate clients of all sizes on intellectual property and complex business disputes. Lindsay is a trial-tested litigator and counselor with deep expertise across all aspects of intellectual property, including trademark, copyright, unfair competition, domain name, privacy, and trade secret matters from prosecution/portfolio management to enforcement through appeal.

Lindsay has also served as in-house counsel at a major global franchisor managing a substantial intellectual property portfolio (over 700 trademarks, copyrights, and patents), high-stakes litigation and other general counsel matters, including contract negotiations and corporate governance.  As corporate in-house counsel, Lindsay has broad experience helping clients with developing risk mitigation strategies, negotiating complex contracts and assisting with day-to-day legal matters that arise for domestic and international companies.

Lindsay has successfully represented clients in trials involving patent infringement, copyright infringement, trademark infringement, unfair competition, domain name cybersquatting (WIPO, UDRP), franchise termination, and contract claims. In addition to litigation, Lindsay regularly works with clients to avoid dispute escalation, conduct clearance work, advise on acquiring new intellectual property assets, review traditional and digital advertising and promotional material for compliance with federal and local laws, and monitor franchisee compliance with restrictions on marketing and IP use.  She also frequently negotiates and drafts agreements including, for example, technology and marketing service agreements, intracompany and third-party license agreements, and non-disclosure agreements.

Lindsay’s subject matter experience includes flooring, industrial tools and accessories, protective electronics cases, artificial trees and lighting, energy drinks, children’s toys, playground equipment, original artwork, professional photography, music, computer software, machinery and methods of manufacture, garments/fast fashion, microelectromechanical systems, fitness equipment, pharmaceuticals and medical devices, advertising networks, mobile applications, cannabis, alcohol and spirits, agricultural chemicals, and franchise food/QSR, to name just a few.

At home, Lindsay is a mom to two boys and two dogs and is a fair-weather Georgia Tech fan.

Representative Experience:

• Represented multibillion-dollar flooring manufacturer in securing summary judgment of bad-faith trademark infringement and unfair competition, including a disgorgement of profits and an exceptional case attorneys’ fees award.

• Represented electronics accessory company in the execution of a brand expansion and protection strategy through seven co-pending Trademark Trial and Appeal Board proceedings against a major footwear and apparel manufacturer.

• Second chair trial counsel for multibillion-dollar brick and mortar and eCommerce retailer in a declaratory judgment action regarding ownership of a trademark and disputed domain name, securing judgment in favor of her client and affirmance on appeal in the Eleventh Circuit.

• Second chair trial counsel for largest U.S. residential playground equipment manufacturer in a trademark infringement suit, successfully securing a permanent injunction and damages.

• Second chair trial counsel for large corporate defendant in breach of contract and violation franchise relationship statute, successfully securing a jury verdict awarding zero lost profits from plaintiff’s requested damages of more than $2.6 million.

• Trial counsel for artist plaintiff in copyright infringement suit obtaining jury verdict granting disgorgement of defendants’ profits, and successfully opposing motions for a new trial and remittitur of the damages award.

Education:

• The University of Virginia School of Law, Juris Doctor (2013)

  • Hardy Cross Dillard Fellow, Legal Research & Writing, 2012-2013

  • The Virginia Journal of International Law

• The Georgia Institute of Technology, Bachelor of Science (2010, Highest Honor)

  • Minor: Law, Science, & Technology

  • Alpha Phi Omega Community Service Fraternity

 Admissions:

• Georgia, 2013

 Recognition:

• Best Lawyers: Ones to Watch: Intellectual Property Law (2022-2023)

• “30 Under 30,” Atlanta Business Chronicle (2016)

 Pro Bono:

• Georgia Lawyers for the Arts, Advisory Board Member and Volunteer

 Speaking Engagements and Publications:

• 06.23.20 (Speaking) Trademark Remedies: Willfulness Requirement, Lessons from Romag v. Fossil, Implications for Trademark Strategies

• Co-author, “SCOTUS to Consider Extent of the Lanham Act’s Extraterritorial Reach,” Troutman Pepper, November 18, 2022.

• Co-author, “Supreme Court Eases Burden on Copyright Holders for “Mistakes” Made in Copyright Filing,” Troutman Pepper, February 28, 2022.