Julia Huston

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

Julia Huston
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Julia Huston is well known for achieving outstanding results for clients in high-stakes intellectual property and unfair competition 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
  • Trade secrets
  • False advertising 
  • Domain name disputes
  • Defamation and commercial disparagement
  • Unfair competition
  • Licensing and contracts
More »

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, John Hancock, Onesies, 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 and product configurations.
  • Litigated copyright disputes on behalf of major movie studios, software companies, medical services providers, and the designers, manufacturers and distributors of various consumer products.
  • 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.
  • Obtained favorable results for clients asserting false advertising claims in the National Advertising Division (NAD) of the Better Business Bureau.
  • 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 engines, 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 in trials 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

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

Honors

  • Named Best Lawyers’ Boston Copyright Law Lawyer of the Year (2017) 
  • Named Best Lawyers’ Boston Trademark Law Lawyer of the Year (2015)
  • Listed in Best Lawyers in America in the field of Copyright Law and Trademark Law (2015, 2016, 2017)
  • Ranked in top tier of Massachusetts trademark attorneys in World Trademark Review's WTR 1000 Ranking (2011, 2012, 2013, 2014, 2015, 2016)
  • Received Top Women of Law Award and inducted into the Circle of Excellence by Massachusetts Lawyers Weekly (2016)
  • 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)
  • Named as a "Super Lawyer" in the field of Intellectual Property Litigation, limited to top 5% of attorneys in Massachusetts, numerous years since 2004
  • Named as a top 100 lawyer in New England and a top 50 woman lawyer in New England numerous years since 2005

Involvement

  • Boston Bar Foundation, Trustee 
  • Boston Bar Association, Past-President
  • Greater Boston Legal Services, Past-President
  • Equal Justice Coalition of Massachusetts, Past-Chair
  • Women's Bar Association of Massachusetts, Past-President and member of Emeritus Board
  • International Trademark Association, Chair of Parallel Imports Committee
  • 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 
  • Intellectual Property Owners Association, U.S. Trademark Law Committee, Member and Past Vice-Chair
  • First Unitarian Society in Newton, Social Action Committee
  • Girl Scouts of Eastern Massachusetts, Troop Leader
  • Moderator, “Building an Effective Copyright Strategy,” Second Annual Trademark & Copyright Summit, New York City, March 16, 2017 
  • Panelist, "Intellectual Property Law in 2017," New England Corporate Counsel Association, Inc., February 1, 2017 
  • Panelist, “Intellectual Property Year in Review,” Boston Bar Association, January 26, 2017
  • Moderator, "Strategies for In-House Counsel Selecting Trademarks for Pharmaceuticals and Biologics," Foley Hoag Webinar, January 25, 2017
  • Moderator, "Working with U.S. and European Customs Authorities to Exclude Infringing Imports," Foley Hoag Webinar, September 21, 2016
  • Moderator, “Trademarks for the Generalist In House Counsel,” Foley Hoag Webinar, July 26, 2016
  • Moderator, "Liability for Commercial Speech: A Guide to False Advertising, Commercial Disparagement, and Related Claims," Boston Bar Association, December 18, 2013
  • 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. District Court for the Western District of New York
  • U.S. Court of Federal Claims