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Kristan B. Burch

Partner • Co-Chair of Intellectual Property & Franchising

T (757) 624.3343
F (757) 624.3169

kbburch@kaufcan.com

Kristan is a partner 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

Representative Matters

  • 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, obtaining favorable decision in federal district court which was affirmed by Fourth Circuit
  • 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 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
  • Defended municipality in trademark infringement action, securing nuisance value settlement after favorable summary judgment ruling
  • 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 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 and negotiating settlement agreements
  • Served as local counsel in patent and trademark infringement actions in the United States District Court for the Eastern District of Virginia, Norfolk and Newport News Divisions

Recognition and honors

  • Virginia’s Legal Elite; Virginia Business Magazine, 2004-2009
  • Virginia Rising Stars; Law & Politics, 2007-2010
  • 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 Bar Association; Intellectual Property & Information Technology Section, Chair
  • Virginia State Bar; Construction and Public Contracts Section; Board of Governors, Secretary
  • Virginia State Bar Special Committee on Communications
  • Federal Bar Association, Tidewater Chapter; Past President
  • Virginia State Bar; Intellectual Property Law Section; Board of Governors, Past Chair
  • Norfolk & Portsmouth Bar Association; CLE Committee

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

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