Services
Industries
Education
Wayne State University Law School, J.D., 1999
University of Detroit-Mercy, B.A., 1996
Bar Admissions
- Michigan
Court Admissions
U.S. District Court
- Eastern District of Michigan
- Western District of Michigan
Kimberly A. Berger specializes in domestic and international trademark prosecution and intellectual property litigation, including domain name disputes, trade secrets, unfair competition, false advertising, and trademark and copyright infringement.
She assists a variety of clients – from large, international companies to small businesses and individuals – with protection of their intellectual property rights, including selection, clearance and prosecution of trademarks, e-commerce issues, domain name registration and disputes and brand name protection.
Kim is experienced in developing and managing domestic and international trademark portfolios; trademark selection, clearance and prosecution; negotiating use agreements; brand protection; U.S. Patent and Trademark Office proceedings, including opposition and cancellation actions; and intellectual property litigation in both state and federal courts.
Kim previously served as Chair of the State Bar of Michigan Intellectual Property Law Council.
Representative Matters
- Represents automotive Original Equipment Manufacturer (OEM) in trademark enforcement matters across all of its brands, including trademark oppositions and cancellations.
- Manages international trademark portfolio for international aftermarket automobile services company with over 340 trademarks in 77 countries.
- Manages international trademark portfolio for game company with over 155 trademarks in 30 countries.
- Represented tattoo supply manufacturer in patent infringement action filed by German company in California District Court and successfully negotiated terms of patent license agreement.
- Coordinated and managed multiple lawsuits in Brazil on behalf of franchisor against former master franchisee and sub-franchisees.
- Coordinated and filed worldwide trademark registrations for nutritional supplement company.
- Successfully defended a Chinese autonomous driving solutions company, in U.S. and U.K. trademark oppositions, securing registration and usage rights through settlement negotiations
- File, manage, prosecute, and enforce trademarks for Mucci, a leading Canadian grower of fruits and vegetables with over 250 acres of greenhouses and 2,000 employees, ensuring protection of its valuable brands in the U.S. and Canada.
- Negotiated a co-existence agreement for Montauk Distilling Company (“MDC”) with Montauk Brewing Company which allows MDC to use and register all of its marks, now and in the future, which contain the term “Montauk” for its craft spirits and other products—a critical win which will allow the company to continue to expand and grow its business.
Honors
World Intellectual Property Review (WIPR), USA Trademarks, 2024
Chambers USA: America's Leading Business Lawyers for Intellectual Property (Band 2), 2024
Best Lawyers in America: Trademark Law, 2025
"Go-To Business Lawyer," Michigan Lawyers Weekly, 2020
DBusiness Top Lawyers: Intellectual Property and Patent Litigation, Copyright Law & Trade Secrets
Michigan Super Lawyers, Intellectual Property, 2016-2017; Rising Star, 2013–2014
Corporate Insider Legal Awards, Excellence in International Trademark Prosecution, 2017
Corporate Live Wire Awards, Excellence in International Trademark Prosecution, 2015, 2016
Corporate America Legal Elite, Best for Trademark Prosecution, 2015
Wayne State University Law School, cum laude; Moot Court
University of Detroit-Mercy, magna cum laude; Insignis Scholar
Professional Activities
Chair of the State Bar of Michigan Intellectual Property Law Council, 2022–2023; Chair-Elect, 2021–2022; Secretary/Treasurer, 2020–2021; Member, 2015–2020
International Trademark Association, Enforcement Committee 2016–2017, Internet Committee 2018–2019; Emerging Issues Committee, 2021–2022; Famous and Well-Known Marks Committee, 2024–2025
Women of Miller Canfield, Co-Chair, 2019–present
Detroit Metropolitan Bar Association Inns of Court, 2013–2014
Michigan IP Inn of Court
American Bar Association, Intellectual Property Law Section & Litigation Section
American Intellectual Property Law Association
Federal Bar Association
Detroit Regional Chamber's Leadership Detroit, Class XXXVIII
Speeches
"Trademarks," American Chamber of Commerce in Poland webinar, June 29, 2021
"Protecting Your Competitive Edge: Intellectual Property 101," Public Relations Society of America - Detroit Chapter, December 3, 2019
"Choosing, Building and Protecting Your Brand," Financial Poise webinar, March 7, 2019
"IP Boot Camp 2019: Introduction to Key Concepts," Financial Poise webinar, February 7, 2019
"IP Issues," Small Business Legal Academy, 2016
"Fresh Perspectives on International Law," Panelist, Alumni Speaker Series, Wayne State University, Detroit, Michigan, February 17, 2015
"Retaining Female Litigators," Panelist, MDTC Winter Conference 2008
Publications
Chapter author, "Trademarks and Brand Protection," Social Media and the Law, Practising Law Institute, 2014-present
"Internet control moves towards private sector with U.S. handover" (quoted), E-Commerce Law and Policy, April 2014
Events
- Busy Season BrewHaHa - Michigan's Craft Beer, Wine and Spirits Industry
