Kimberly B. Herman

Kim leads Sullivan's Intellectual Property Group and Media and Entertainment practices. Her practice spans the United States, Europe and the Middle East and emphasizes the law and business of intellectual property. In particular, her practice focuses on structuring and negotiating complex commercial transactions dealing with media and entertainment (including representation of clients in the news, documentary, motion picture and cable network industries), First Amendment and privacy issues, gaming, sanctioned gambling and e-sports, software, music and art on behalf of leading media, entertainment, technology and consumer-products companies, as well as filmmakers, project financiers, artists, museums and art galleries. This representation extends to Kim assisting her clients in exploiting their brands, content and programming into different markets and entertainment distribution platforms through a variety of licensing, merchandising, publishing, sponsorship, agency and endorsement deals.

Kim conducts audits and provides strategic counseling to assist clients in identifying, protecting and exploiting key intellectual property assets and represents clients in a wide variety of trademark and copyright enforcement and defense matters. In addition, she advises clients in responding to claims of infringement of adversely held trademarks and copyrights, prepares and responds to cease and desist letters regarding the same, and provides advice on litigation, litigation settlements and mediation.

Kim was recently ranked in World Trademark Review 1000, The World's Leading Trademark Professionals. She was described as "incredibly responsive" and "always looking out for your company's interest." 2018 marks the fourth consecutive year Kim has been named.

Kim successfully represented the estate of a world-renowned Israeli artist Menashe Kadishman in a copyright infringement dispute against a global television network for its unauthorized use of the artist's magnum opus Shalekhet (Fallen Leaves) in the network's wildly popular television series. She also represents street artists in connection with misappropriation of their works by big businesses, including evaluation of whether the Visual Artists Rights Act may offer protection. She also recently settled a copyright dispute against NBCUniversal for its use of her client's recognized street art in a popular television series.

Kim represents a number of well-known film directors, including Oscar winner Errol Morris, with respect to film copyright clearance and title matters. In addition, she represents investors and filmmakers in connection with the adaptation of books into feature films.

Kim represents a rights holder in connection with the works of master mystery writer John Bellairs.

Kim represents the media and publishing interests of Lynn Roy, the mother of Conrad Roy III, whose former girlfriend was convicted by the Massachusetts Supreme Judicial Court in connection with her role in the texting-suicide of Conrad.

Kim is a guest speaker at Northeastern University in Boston, where she speaks on developments in intellectual property law, copyright, fair use and First Amendment issues. She completed the courses "Museums and the Law;" "Museum Exhibition Content Development;" "History of Museums;" and "Collections Management: Issues and Solutions" at Harvard University.

Kim's copyright enforcement activities also extend to representing a billion dollar multi-national software company Dassault Systèmes in connection with its software anti-piracy and software compliance initiatives in North America.

Kim represented Vice Media in its first-ever production of a TV game show for UKTV called Beat the Internet. The show is a comedy quiz show where contestants try to finish sentences based on some of the internet's most popular search terms, with the host ably assisted by fact-master Sunil Patel.

Kim recently represented Challengeme Esports GmbH (CME), a provider of one of the most sophisticated eSport matchmaking and tournament platforms, in its acquisition of US-based platform provider, eSports Hero Inc., and also advised CME in connection with a strategic investment in the company by eSports Mogul (ESM), an ASX-listed eSports media company, as well as a multi-year licensing agreement with ESM for the Asia-Pacific region.

Representative Client Work

Entertainment and Copyright Matters
Gaming and Online Activities
Software and Hardware Deals
Trademark and Domain Names Matters
Life Sciences and Healthcare Matters
Mergers & Acquisitions

News & Publications

Seminars & Presentations