M. Kelly Tillery
M. Kelly Tillery, a national authority in intellectual property and anti-counterfeiting protection, is a partner with Pepper Hamilton LLP and a member of the firm’s Intellectual Property Litigation Practice Group.
Mr. Tillery focuses his practice on IP litigation and is known for his work in anti-counterfeiting actions, especially injunctions and seizure orders. He has long been in the forefront of obtaining individual, national and facility injunctions to protect the trademarks and copyrights of performing artists as well as major software, novelty, jewelry and designer manufacturers from around the world. He also has extensive experience in commercial litigation.
Engagements representative of Mr. Tillery’s practice include the following:
- $8 million judgment for damages, attorneys’ fees and permanent injunction against Internet cybersquatter/counterfeiter of luxury watches on behalf of famous luxury watchmaker (Pennsylvania federal court)
- $5+ million in settlements from 45+ companies in copyright infringement claims for software developer members of major software trade organization
- $1.6 million judgment for damages and attorneys’ fees against Internet cybersquatter/counterfeiter of luxury leather goods and sunglasses on behalf of famous luxury goods manufacturer and famous designer sunglass company (Pennsylvania federal court)
- $1 million judgment for damages, attorneys’ fees and permanent injunction against Internet counterfeiter of software of four major software developers (Connecticut federal court)
- $500,000 judgment for damages, attorneys’ fees and permanent injunction against Internet seller of infringing software of several major software developers (Michigan federal court)
- $375,000 settlement from major application services provider on behalf of Bethlehem, Pa., software developer for copyright infringement and violations of the Digital Millennium Copyright Act (Pennsylvania federal court)
- $300,000+ settlement from major international employment company on behalf of Bethlehem, Pa., software developer for copyright infringement and violations of the Digital Millennium Copyright Act
- $177,500 settlement for copyright claims of major software developer against two retailers of counterfeit software
- 150+ trademark registrations secured in more than 90 countries on behalf of clients in the software, cigar, publishing, education, industrial belting and numerous other industries
- stopped attempt of major tire retailer to enjoin trademark use on tires by major tire manufacturer (Pennsylvania federal court)
- searched and seized Pittsburgh-area home base of Internet software counterfeiter on behalf of two major software developers
- revived/continued national, multi-district injunction and seizure order to protect sales of trademarked merchandise sold by the number one popular music group on 2002 tour
- secured agreement from major clothing retailer to cease and desist selling goods that infringed trademarks of major clothing designer
- convinced competitor of client software developer to drop meritless trademark infringement lawsuit (Pennsylvania federal court)
- secured temporary restraining order and then preliminary injunction for jewelry distributor exclusive licensee against encroachment on territory by licensor (Pennsylvania federal court)
- secured temporary restraining order and preliminary injunction against Internet seller of infringing software of several major software developers (Michigan federal court)
- secured preliminary injunction against Internet seller of infringing software for four major software developers (Connecticut federal court)
- defeated motion for temporary restraining order by largest U.S. fiber cement products manufacturer in trade secrets case against former employee and new employer competitor, a fiber cement products manufacturer (North Carolina federal court).
- resolved $4 million copyright infringement action for marketing company and major restaurant chain, with clients paying nothing (Pennsylvania federal court)
- stopped former employee of Georgia specialty glass producer from stealing and using for new employer competitive trade secret documents (Illinois state court)
- defeated effort by competitor of major insulation manufacturer to stop building and operation of new plant using trade secrets (Kentucky state court)
- secured Preliminary Injunction and Order of Seizure to stop importation of container loads of consumer dispensing devices from China that infringed client’s trademarks and design patents (Virginia federal court)
- stopped importation from Costa Rica of millions of cigars that infringed client cigar maker’s registered trademarks (Pennsylvania federal court)
- secured preliminary injunction to stop Web site use of copyrighted photos, names and trademarks of internationally famous business school (Pennsylvania federal court)
- secured preliminary injunctions to stop the sale and distribution of two major motion pictures (New Jersey federal court)
- $150,000 settlement with permanent injunction for major industrial product manufacturer against distributor for infringement of registered trademark (Kentucky federal court).
He also serves as an arbitrator of domain name and other intellectual property disputes for the National Arbitration Forum.
Mr. Tillery has written numerous articles and frequently lectures on issues involving the protection of intellectual property and electronic commerce. Representative articles, lectures and seminars include:
- Author, “Backstage with Rock N. Roll, Esq.,” The Philadelphia Lawyer, the Philadelphia Bar Association Quarterly Magazine (Spring 2012)
- Speaker, “Software Company and Trade Association Copyright Enforcement/Education Programs – Prevention and Protection,” Maryland State Bar Association Business and Litigation Sections and the Intellectual Property Subcommittee (February 9, 2005, Baltimore, Md.)
- Speaker, “Online Auction Site Liability” and “Recent Developments in Civil Liability for Counterfeiting,” International Trademark Association Anti-Counterfeiting Conference (February 7-8, 2005, Washington, D.C.)
- Guest speaker, “Napster, Aimster, Grokster and The Induce Act – Exploring the Limits of Intellectual Property Liability,” Intellectual Property Law Class, Rutgers University School of Law (November 22, 2004, Camden, NJ)
- Speaker, “The Rising Tide of Infringement on the Internet – How Intellectual Property Owners Are Fighting Back,” Pennsylvania Bar Institute seminar on “Hot Topics in Litigation Technology” (October 28, 2004, Philadelphia, Pa.)
- Speaker, “Contributory and Vicarious Copyright and Trademark Liability: Secondary and Tertiary Liability – Expanding the Horizons of Responsibility,” ABA Section of Intellectual Property Law, 2004 Summer Conference (June 18, 2004, Toronto, Canada)
- Faculty Member, “Litigating Trademark, Trade Dress and Unfair Competition Cases – TROs, Injunctions and Seizure Orders,” ALI-ABA Advanced CLE Course of Study for Inside and Outside Counsel (May 19-20, 2005, Washington, D.C.; April 22-23, 2004, Chicago, Ill.; December 4-6, 2002, Washington, D.C.; and January 2-4, 2002, Orlando, Fla.).
Mr. Tillery has served as an adjunct professor at the Executive MBA Program of Drexel University’s LeBow Graduate School of Business, teaching a course on “The Law of E-Commerce.” He also has been a lecturer on “Trademarks and Copyrights” at Drexel University’s Graduate School of Arts Management.
Mr. Tillery is recognized as a notable practitioner in intellectual property law in Chambers USA: America's Leading Lawyers for Business. He also is listed in The Best Lawyers in America and was selected for inclusion on the 2011 Pennsylvania Super Lawyers list. He is a member of the intellectual property law committees of the Pennsylvania and Philadelphia bar associations, and a member of the American Bar Association’s Section on Patent, Trademark and Copyright Law. He is a member of the Philadelphia Intellectual Property Law Association, and a proctor in admiralty with the Maritime Law Association. He is a member of the Copyright Society of the U.S.A. and chairman of its Philadelphia Chapter, and a past member of the board of directors of the International Anti-Counterfeiting Coalition. He is a senior adviser to the Philadelphia Volunteer Lawyers for the Arts.
Mr. Tillery joined Pepper in May 2005, from Leonard, Tillery & Sciolla, LLP in Philadelphia, a firm he co-founded in 1982, and in which he was a senior partner and chair of its Intellectual Property and E-Commerce Group.
B.A. with high honors, 1976, Swarthmore College
J.D. 1979, University of Pennsylvania Law School
Admitted to practice in Pennsylvania