Kathleen Lu focuses her practice on federal copyright, trademark, and technology litigation, with an emphasis on intermediary liability and regulation, and Digital Millennium Copyright Act (DMCA) and Lanham Act matters. In addition, she advises clients on legal risk management and litigation, and provides legal counsel for intellectual property, privacy, and online regulation matters, including the Telephone Consumer Protection Act (TPCA); the Video Privacy Protection Act (VPPA); the Computer Fraud and Abuse Act (CFAA); the Communications Decency Act Section 230 (CDA 230); and the Audio Home Recording Act (AHRA); rights of publicity; and general commercial litigation.
- Perfect 10 v. Giganews – Defended Usenet service provider against copyright, trademark, unfair competition, and right of publicity claims by serial litigant over user posts, resulting in dismissal or summary judgment as to all claims and attorney’s fees for Giganews. Appeal pending.
- Opperman v. Path – Defending mobile app developer against various putative class action privacy claims. Opposition to class certification pending.
- On behalf of social media company, pursed various trademark monitoring and enforcement actions, including suing foreign cybersquatter, resulting in judgment and successful acquisition of domains.
- Amicus brief on behalf of United Farm Workers of America urging affirmance of order declaring unconstitutional law that effectively criminalized employee and undercover recording and investigation of agribusiness operations.
Prior to joining Fenwick & West, Kathleen was a litigation associate in the San Francisco office of major global law firm. During law school, she served as a legal intern for the Electronic Frontier Foundation.
During law school, Kathleen was Senior Publishing Editor of the California Law Review, Executive Editor of the Asian American Law Journal and a member of the Berkeley Journal of Gender, Law and Justice. She received the American Jurisprudence Award in Introduction to Intellectual Property and the Prosser Prize in Constitutional Law: The First Amendment and Civil Procedure II.