Joyce B. Klemmer is a Partner in the Intellectual Property Practice at Smith, Gambrell & Russell, LLP.
Ms. Klemmer specializes in Intellectual Property litigation and protection of trademarks and copyrights.
As lead counsel, she has successfully prosecuted and defended more than two hundred copyright, patent and trademark infringement cases, and misappropriation of trade secret cases for European and US clients. She has taken and defended depositions in Germany, France, the Netherlands, Italy and Brazil through interpreters. She has argued and prevailed in cases she won in the trial courts that were later appealed to the Federal Circuit Court of Appeals and the Eleventh Circuit Court of Appeals. She has represented the American Society of Composers, Authors and Publishers (ASCAP) in all copyright infringement cases brought in Georgia for the past 25 years. Ms. Klemmer is also experienced in resolving intellectual property disputes involving infringement on the internet and domain name issues.
To view a list of Ms. Klemmer’s representative cases, click here.
In addition to litigating, she regularly counsels clients regarding the clearance, protection and licensing of copyrights, trademarks and other intellectual property rights. She assists clients with obtaining, maintaining and enforcing copyright and trademark rights and registrations. For over 20 years she has managed and protected the world-wide trademark portfolio of a major provider of sports surfaces for football, soccer, tennis and running tracks. She works with many U.S. and European companies on a broad range of IP topics including IP protection in government contracting, advising on Internet-related issues including advertising and content liability and avoiding intellectual property infringement.
Ms. Klemmer regularly authors articles and lectures on Intellectual Property law. She currently serves on the Board of Directors of the Atlanta Bar Association Intellectual Property Section and is a past Chair of the Intellectual Property Section of the State Bar of Georgia. She headed the committee that drafted the Georgia Trade Secrets Act. She is one of the Firm’s three named representatives to the International Trademark Association (INTA). In 2013 she was selected to join the INTA Panel of Neutrals after rigorous review of a large number of qualified applicants.
Ms. Klemmer received her B.S. degree from Rochester Institute of Technology and is currently a member of the RIT Board of Trustees. She earned her J.D. from the Emory University School of Law and was a member of the Emory Law Review. She is rated AV Preeminent by Martindale – Hubbell.
Ms. Klemmer is a registered Mediator and Arbitrator in the State of Georgia.
Atlanta Bar Association – Litigation Section and Intellectual Property Section – Board of Directors (2011 – present)
Rochester Institute of Technology – Board of Trustees (2010 to present)
Rochester Institute of Technology President’s Roundtable (2008 – 2010)
State Bar of Georgia – Litigation, Intellectual Property, and Alternative Dispute Resolution Sections
International Trademark Association (INTA)
Social Media and the Law, Joyce B. Klemmer, Georgia Utility Contractors Association Annual Conference, June, 2011.
False Patent Marking Can Lead to Costly Litigation, Joyce B. Klemmer, Product Liability Protection and Defense Group 2011 Spring Workshop, March, 2011.
“Protection of Intellectual Property,” 7th Annual Rochester Institute of Technology’s Entrepreneur Conference, October 15, 2010.
How to Prepare and Conduct a Markman Hearing,” PLI Patent Litigation 2004 Seminar, July 2004.
“Copyright Licensing,” PLI Understanding the Intellectual Property License Seminar, January 2003 and 2002.
“TRO’s, Preliminary and Permanent Injunctions in Patent Cases,” PLI Patent Litigation 2001 Seminar, October 2001.
“After the Preliminary Injunction Hearing,” Co-authored with Elizabeth Borland, PLI Patent Litigation 2000 Seminar, October 2000. Reprinted in IP LITIGATOR, August 2001.
“E Commerce Jurisdiction and Copyright Infringement,” Electronic Commerce: Managing Risks to Maximize Profits Seminar, April 1999.
“Sending the Message: Effective Closing Arguments with Demonstrative Exhibits,” PLI Patent Litigation 1999 Seminar, October 1999, Panel Member.
“DEVELOPMENTS IN INTELLECTUAL PROPERTY LITIGATION,” Eleventh Circuit Decisions, ABA Section of Business Law, Annual Spring Meeting, 1998.<p“
Invalidity Defenses: A Good Offense is the Best Defense,” Co-authored with Joseph M. Lewinski and Kenneth L. Mooney, PLI Patent Litigation 1997 Seminar, October 1997.<p