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Fashion Design Protection: The Eternal Plight of the “Soft Sculpture”
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Kimberly A. Harchuck
Kimberly A. Harchuck stands as a recognized authority in the fields of Intellectual Property and Internet law, both as a published author and a sought-after lecturer. Her insightful contributions are frequently referenced within the legal community. With a wealth of experience in safeguarding intellectual property rights, Kimberly specializes in spearheading impactful anti-counterfeiting and anti-piracy campaigns tailored specifically for apparel manufacturers and global media publishers.
Based in the heart of Central Florida, Kimberly currently holds a prominent position as partner at Holihan & Harchuck, a dynamic law firm renowned for its innovative approach. Her educational journey began with a Bachelor’s degree in Political Science from Mount Union College in 2004. Harnessing her passion for justice, she went on to obtain her J.D. from Barry University School of Law in 2008.
During her tenure at Barry, Kimberly was handpicked as a faculty research assistant, collaborating on groundbreaking law review articles alongside esteemed professors. Notably, her scholarly pursuits culminated in a dissertation titled “The Theft of Black Music: A Look Into a Cultural Dynamic, Built or Destroyed by Our Nation’s Copyright Laws,” which garnered widespread recognition. Excerpts from her dissertation were featured in Scene Magazine, solidifying her reputation as a forward-thinking legal scholar at the forefront of intellectual discourse. Following her J.D., Kimberly’s skills attracted the attention of the esteemed University of Akron School of Law, where she began her LL.M. studies at the nationally respected and renowned Center for Intellectual Property Law & Technology.
During her pursuit of her LL.M., Kimberly’s article “The Performance Rights Act of 2009: The Saving Grace of the Recording Industry or a Simple Case of Displaced Aggression?” garnered attention from members of Congress. Her insights were instrumental to the House Judiciary Committee in shaping federal copyright policy, demonstrating her impact on the highest levels of legislative discourse.
Furthermore, Kimberly’s LL.M. thesis, “Fashion Design Protection: The Eternal Plight of the Soft Sculpture,” not only earned her accolades within the academic community, but also found a significant place in the school’s Intellectual Property Journal. Its insightful implications resonated beyond academia, as it was subsequently reprinted by numerous esteemed periodicals, cementing Kimberly’s status as a thought leader in the field of intellectual property law.
Kimberly began her legal career as an Intellectual Property Licensing Rights Coordinator for media giants NPR and PBS, igniting her passion for intellectual property law. Eager to expand her horizons, she immersed herself in the dynamic world of entertainment law, specializing in trademark and copyright procurement, while also offering comprehensive branding solutions.
As a senior associate at a prominent Orlando firm, Kimberly delved into the forefront of legal innovation, focusing on the intricate legal landscape of web-based operations, business strategies, data security, and global marketing liabilities. During this tenure, Kimberly crafted an amicus brief filed in the Supreme Court and honed her expertise in internet and technology law through lectures, legal panels, publications, and teaching legal education courses.
Beyond her legal practice, Kimberly is deeply engaged in the Intellectual Property community, holding memberships in various organizations such as the International Anticounterfeiting Coalition, International Trademark Association and the American Intellectual Property Law Association. She also champions gender equality and professional development as a proud member of the Central Florida Association for Women Lawyers.
Kimberly’s dedication and expertise have earned her admission to practice before the United States District Court for the Middle District of Florida and all Florida state courts, cementing her status as a trusted legal authority poised to make impactful contributions in the field.