Jennifer Kelly is the Chair of the IP & Commercial Litigation Group and Co-Chair of the Games Industry Group. She focuses her practice on commercial and intellectual property litigation and counseling, with a particular emphasis on copyright, trademark, right of publicity, trade secret and false advertising disputes for technology companies.
She is one of the foremost authorities on IP issues pertinent to the games industry. The Daily Journal named Jennifer as one of the "Top Intellectual Property Attorneys" in California in both 2014 and 2015 and one of the “Top Entertainment Lawyers” in California in 2015, a list that honors the top 50 litigators and dealmakers who are reshaping the movie, music and games industries. In 2015, The Legal 500 recognized her as a leading copyright attorney. In 2015, 2018 and 2019, Jennifer was named to the San Francisco Business Times’ list of the Most Influential Women in the Bay Area, a list that honors outstanding leaders and role models across a broad range of industries. In 2016 and 2017, she was honored as a Women Leader in Tech Law by The Recorder.
Jennifer has extensive experience handling complex, high-stakes commercial disputes at all stages and prides herself on winning or resolving cases early. One notable example is her victory for Capcom in Capcom v. MKR where she obtained a dismissal with prejudice, on an initial motion to dismiss, of copyright and trademark counterclaims asserted against Capcom in connection with its zombie-themed video game, Dead Rising (which paved the way for Capcom to release Dead Rising 2 and beyond). She also represents companies whose games have been cloned, including in copyright infringement actions she has filed on behalf of clients such as King, Glu Mobile, Gram Games and Peak Games. In winning the Women Leader in Tech Law award, The Recorder named Jennifer “the go-to lawyer in ‘game-cloning’ cases.”
Jennifer’s IP counseling practice includes advising game industry clients during the product development phase, providing guidance on how to design or modify games/apps to avoid intruding on others’ IP rights.
Jennifer regularly authors articles and lectures on IP issues and disputes involving video games, including at the annual Video Game Bar Association Summit, and more recently at the Games Industry Law Summit in Vilnius. She is a guest lecturer on video game law at Berkeley Law and the University of British Columbia Law School. During GDC 2013, she provided legal commentary about game cloning in a documentary film published on Polygon called Cloned at Birth: The Story of Ridiculous Fishing.
Jennifer has authored amicus briefs in a number of high profile litigations, including MGM v. Grokster, one of the most significant copyright cases to reach the Supreme Court in decades, and In re: National Security Agency Telecommunications Records Litigation, a consolidation of cases asserting privacy and related claims against the major telecommunications carriers and federal government relating to their unauthorized surveillance of domestic communications.
During college, Jennifer worked as a research analyst at the Governor’s Office of Planning and Research in Sacramento, California, and interned at the United States Department of Justice in Washington, D.C. While in law school, Jennifer was a member of the UCLA Entertainment Law Review and served as an extern to the Honorable Vaughn R. Walker in the United States District Court for the Northern District of California.