Hunton Andrews Kurth LLP

Advertising Compliance and Counseling, Advertising Litigation, Arbitration and Mediation, Issues and Appeals, Retail and Consumer Products Litigation, Class Action, Multidistrict Litigation, International Arbitration and Transnational Litigation, Rocket Docket Practice (e.g. US District Court for the Eastern District of Virginia and Western District of Wisconsin), Mergers and Acquisitions due diligence, Copyright Counseling and Litigation, Intellectual Property and Technology Transactions, Trade Secrets Counseling and Litigation, Trademark – Non-Contentious, Trademark Proceedings, Litigation

Special Counsel

Mr. Colbert has significant experience in domestic and international intellectual property licensing and acquisitions, and manages the trademark portfolios of leading retailers, companies and organizations worldwide.

Mr. Colbert has more than 30 years of experience handling litigation, licensing and other adversarial proceedings concerning all aspects of intellectual property, including patents, trademarks and copyrights, false advertising, unfair competition and trade secrets. Recently he has served as lead counsel securing judgement against Pinterest in the ND Cal and illuminating the use of terminology for Internet functions, and in an early Zoom based trial on behalf of Constellation (Mondavi) in the ND Cal, with attorneys and witnesses from San Diego to New York participating. That latter matter also resulted in the largest attorney fee award made in a Lanham Act case in 2021.

His comfort and skill in the courtroom have enabled him to successfully represent banks and financial services companies, electronic/Internet commerce providers and entertainment companies, as well as manufacturers of medical devices and products, basic chemicals, petroleum products, and general consumer merchandise supply companies, including those in the apparel, food and beverage businesses. He has developed extensive experience in the use of consumer research and marketing expert testimony, including surveys in consumer cases. Mr. Colbert regularly presents articles, programs and speeches about a wide variety of topics, including trademark infringement, dilution, cybersquatting, extension of copyrights in collective works, and copyright parodies, in connection with which he recently filed a successful amicus curiae brief in the Supreme Court of the United States support of the Petitioner, Jack Daniels, in the 2023 case against VIP Products – a maker of humorous toys making infringing use of famous trademarks and trade dress. The result of that case was a reversal of the 9th Circuit reliance on and a significant restriction on the use of the Rogers v. Grimaldi test. He is also well versed in the issues arising from concerted refusals to deal, and market definitions in a variety of markets including general retail and entertainment industries.

Admitted to the District of Columbia, Maryland and New York State Bars

JD, University of Maryland School of Law, with honors, Maryland Law Review, 1972 AB, University of Maryland, 1970