Kaufman and Canoles

Kristan B. Burch

Member • Co-Chair of Intellectual Property & Franchising

Office: Norfolk

T (757) 624.3343
F (888) 360.9092

kbburch@kaufcan.com

Kristan is a member in the firm's Litigation Section and Co-Chair of the Intellectual Property & Franchising Practice Group. Her practice focuses on construction and intellectual property. She handles a broad range of civil litigation matters including construction disputes regarding faulty workmanship and design; construction payment disputes and bond claims; patent, trademark, and copyright infringement actions; opposition and cancellation proceedings before the Trademark Trial and Appeal Board; franchise disputes; general commercial disputes; and appeals to the Supreme Court of Virginia and the Court of Appeals for the Fourth Circuit.

Practice Areas

Industries

Representative Matters

Construction

  • Represented municipality in disputes with contractor and architect regarding construction of new courthouse
  • Represented builder during remediation of projects with Chinese drywall and in related litigation
  • Represented developer in construction contract dispute at trial in federal district court and on appeal to the Fourth Circuit
  • Represented municipality on school remediation project in which contractor defaulted and surety completed project
  • Represented developer of apartment complex in litigation with architect regarding design defects and failure to supervise work
  • Represented contractors and sureties in defending against Miller Act claims in federal court
  • Represented developer and designer of bridge in disputes during and after construction of the bridge, including week long trial in state court
  • Represented continuing care retirement community in litigation and arbitration against the general contractor and architect related to on-going leaks at the facility
  • Represent design builder in connection with construction of tunnel, advising on disputes and related issues which arise with owner and subcontractors during construction
  • Represented owner of environmental projects in dispute with engineer regarding defective engineering, surveying, and environmental services
  • Represented general contractor during construction of municipal facility, addressing construction issues and disputes with owner, engineer, and subcontractor
  • Represented owner of apartment building in litigation and arbitration on warranty claims against original declarant for the community
  • Represented general contractor regarding defective construction and warranty claims in multi-party litigation  involving exterior installation and finish systems on condominiums
  • Drafted and negotiated contracts for owners, general contractors, and subcontractors

Intellectual Property

  • Defended municipality in trademark infringement action
  • Represented franchisor in multiple federal court actions to enforce terms of franchise agreement and obtain injunctive relief
  • Participated in patent infringement cases in federal court, including trials, through which plaintiff sought monetary  damages and injunctive relief
  • Represented companies defending against Lanham Act claims in federal court based on issues related to their websites and online advertising.
  • Represented parties in trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board
  • Represented domain name holders in arbitration proceedings under the Uniform Domain Name Dispute Resolution Policy
  • Represented trademark holders in disputes with other entities using confusingly similar trade names, drafting cease and desist letters
  • Served as local counsel in patent, trademark, and copyright infringement actions in the United States District Court for the Eastern District of Virginia, Norfolk and Newport News Divisions

Recognition and honors

  • Best Lawyers in America, 2015-2017
  • Virginia Super Lawyers; Law & Politics, 2013-2016
  • Virginia’s Legal Elite; Virginia Business Magazine, 2004-2016
  • Virginia Rising Stars; Law & Politics, 2007-2013
  • Top 40 Under 40; Inside Business, 2007
  • Lead Hampton Roads, 2006
  • Law Clerk to The Honorable James E. Bradberry; Magistrate Judge, United States District Court for the Eastern District of Virginia, Norfolk Division

Associations

  • Virginia State Bar; Litigation Section, Chair 
  • Virginia State Bar; Construction and Public Contracts Section, Past Chair
  • Virginia State Bar; Intellectual Property Law Section, Past Chair
  • Virginia Bar Association; Intellectual Property & Information Technology Section, Past Chair
  • Tidewater Chapter of the Federal Bar Association; Past President
  • Historical Society of U.S. District Court for Eastern District of Virginia, Director 
  • Hampton Roads Chamber of Commerce, Norfolk Board of Directors
  • St. Andrew’s Episcopal Church, Vestry
  • Horizons Hampton Roads, Board of Directors

Admissions

  • Virginia State Courts
  • U.S. District Court for the Eastern District of Virginia
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • Supreme Court of the United States

Education

  • University of Virginia; B.A., 1995
  • College of William & Mary School of Law; J.D., 1998

press and publication