Biography

Susan Hightower specializes in trademark law, with a primary focus on litigation. She has experience representing clients in inter partes proceedings before the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board, as well as in federal court.

Susan has a strong background in trademark appellate practice and served as a judicial clerk to Judge Jacques L. Wiener, Jr. of the Fifth U.S. Circuit Court of Appeals in New Orleans. On behalf of the American Intellectual Property Law Association, she co-authored an amicus brief in the case In re Bose and argued as amicus before the United States Court of Appeals for the Federal Circuit. Susan also has co-authored amicus briefs to the Second and Ninth Circuit Courts of Appeals on behalf of the International Trademark Association.

Prior to attending Stanford Law School, Susan was a journalist, most notably working for nearly six years as a reporter and editor for The Associated Press. Together with her husband, David, Susan spends much of her free time volunteering on behalf of animal welfare organizations.
 

Professional Activities and Memberships

• International Trademark Association
  • U.S. Legislation Subcommittee
• State Bar of Texas
  • Council Member, Intellectual Property Law Section
• Austin Intellectual Property Law Association
  • Treasurer
• Austin Intellectual Property American Inn of Court
• American Intellectual Property Law Association
• Bar Association of the Fifth Federal Circuit
• Austin Community College, Intellectual Property Law – Trademarks, Instructor (Fall 2005)

Honors

• The International Who’s Who of Trademark Lawyers, Who's Who Legal (2011)
• Best Lawyers in America, Intellectual Property Law (2011)

Educational Background

• 2000 J.D., with Distinction, Stanford Law School
  • Stanford Law Review, 1998-2000
• 1994 M.A., Journalism, The University of Texas at Austin
• 1987 B.A., College Honors, English, Austin College

Publications and Speeches

• “What You Need to Know about the New TTAB Manual of Procedure,” PLI Advanced Trademark Law Annual Review 2012, May 1, 2012
• “Trademark Law Update,” 49th Annual Conference on Intellectual Property Law, Institute for Law and Technology, The Center for American and International Law, November 7, 2011
• “TTAB Proceedings: The Rules Have Changed ... Literally!”, AIPLA Annual Meeting, October 21, 2011
• Table Topic Moderator, "Fraud on the USPTO - Latest Developments," International Trademark Association Annual Meeting, May 25, 2010
• "Trademark and Copyright Issue Recognition for the Non-Specialist," Austin Intellectual Property Law Association, May 18, 2010
• "Fraud on the Trademark Office in the Wake of Bose and Medinol," Florida Bar First Annual Intellectual Property Symposium, March 26, 2010
• "Standard for Fraud in View of the Federal Circuit’s Bose Decision," TexasBar CLE, Advanced Intellectual Property Law 2010, March 5, 2010
• "Discussion of the Bose Decision on Fraud" Intellectual Property Law Association of Florida, February 18, 2010
• Fraud Upon the Trademark Office: Is Medinol Going Too Far?, AIPLA Annual Meeting, October 16, 2009
• Implications of In re Bose Corporation Decision, AIPLA Online Seminar, September 16, 2009
• "Trademarks and Avoiding Fraud on the Trademark Office," State Bar of Texas Intellectual Property Law Section 2008 Annual Meeting
• "Avoiding Fraud on the Trademark Office: Latest Chapters in the Medinol Odyssey," Austin Intellectual Property Law Association, April 2009
• Moderator, "Showing Your Colors: Collegiate Licensing of Marks," State Bar of Texas Intellectual Property Law Section 2007 Annual Meeting
• "Recent Developments in Internet Trademark Law," The University of Texas School of Law 20th Annual Technology and Computer Law Conference, May 2007
• Author, "Use Minimum Contacts to Maximum Advantage: Determining Internet-Based Personal Jurisdiction in Trademark Cases," Texas Lawyer, April 23, 2007
• "HR 683: Trademark Dilution Act of 2005," Austin Intellectual Property Law Association, April 2006
• Co-Host: INTA Roundtable, "Trademark Litigation," Austin, Texas, October 2005
• Co-author, with Louis T. Pirkey, "Trademark Surveys: Ten Common Pitfalls," State Bar of Texas 18th Annual Intellectual Property Law Course, March 10-11, 2005
• Co-author, "Recent Developments in Trademark Law: Elusive Dilution and Sorting the Resulting Confusion," 11 Texas Intellectual Property Law Journal 351, Winter 2003
• Author, "Sex and the Peremptory Strike: An Empirical Analysis of J.E.B. v. Alabama’s First Five Years," 52 Stanford Law Review 895, April 2000

Reported Cases

• In re Bose Corp., 580 F.3d 1240, 91 U.S.P.Q. 2d 1938 (Fed. Cir. 2009) (counsel for amicus curiae AIPLA)
• Board of Regents, University of Texas System v. KST Electric, Ltd., 500 F.Supp.2d 657 (W.D. Tex. 2008)
• Grocery Outlet Inc. v. Albertson's Inc., 497 F.3d 949 (9th Cir. 2007)
• Tamko Roofing Prods., Inc. v. Ideal Roofing Co., 282 F.3d 23 (1st Cir. 2002)
• Ingram Micro Inc. v. TESSCO Commc’ns, Inc., 62 U.S.P.Q.2d 1861 (C.D. Cal. 2002)