Geoff Gerber is an intellectual-property litigator and appellate lawyer. Other attorneys and new clients dissatisfied with their trial counsel seek his help on complex litigation strategy and appeals. Having clerked in both the 8th Circuit Court of Appeals and the U.S. District Court, he consults with other attorneys and clients regularly on injunctive relief, extraordinary remedies, post-judgment issues, and appeals.
In addition, Geoff tackles intellectual property disputes as a litigation troubleshooter and counsels clients to improve and protect branding and trade identity. This involves copyright, trademark, unfair competition, and libel law. He regularly represents clients in trade secret and patent litigation, but more often focuses on character copyright, fair use and first amendment issues.
Geoff has substantial experience representing public and private clients in comic-book and toy trades and related industries. He blogs on issues of particular interest to clients involved in branding, advertising, publishing, or entertainment. He has been quoted in the National Law Journal and Canadian Lawyers Weekly and presented to bar associations and industry groups on copyright and comic-book issues.
Although president of the University of Chicago Alumni Club of St. Louis, Geoff obtained his Master of Social Work degree from Washington University where he is an adjunct advisor and mentor. He pursues that vocation through volunteer leadership in a number of community organizations. Geoff is a scoutmaster in the Shaw Neighborhood, and for more than ten years he has prepared young men to become responsible, participating citizens and leaders. He coaches mock trial at St. Louis University High School, where he encourages young men to be tomorrow’s advocates. Geoff is also president of the board for the non-profit High Performance STL, the largest junior-amateur volleyball organization in the region.
Geoff can pursue profession and vocation with equal passion because his wife, Jill, an educational consultant, helps Geoff raise their three sons. Charles is a plebe in the U.S. Military Academy at West Point. Cullen is a freshman in high school who hopes to be a comic-book editor someday. Joffre is a third-grader who hopes to be just like his big brothers.
Practice Areas
Appeals
Intellectual Property
Commercial Litigation
Entertainment & Media
Education
J.D., Washington University, 1997
M.S.W., George Warren Brown School of Social Work, 1997
A.B., University of Chicago, 1990
Admissions
Missouri, 1997
U.S. District Court, Eastern District of Missouri, 2000
U.S. District Court, Western District of Missouri, 2007
U.S. Court of Appeals, Eighth Circuit, 1998
U.S. Court of Appeals for the Federal Circuit, 2008
Representative Cases Right of Publicity
Doe v. TCI Cablevision, 30 Media L. Rep. 2409 (Mo. Ct. App. E.D. 2002), aff’d in part, rev’d in part, remanded, 110 S.W.3d 363, 67 U.S.P.Q.2d 1604, 31 Media L. Rep. 2025 (Mo. 2003) (en banc), cert. denied, sub nom., McFarlane v. Twist, 540 U.S. 1106 (2004), appeal after new trial, sub nom., Doe v. McFarlane, 207 S.W.3d 52, 79 U.S.P.Q.2d 1727, 34 Media L. Rep. 2057 (Mo. Ct. App. E.D. 2006)
Character Copyright/Unfair Competition
Gaiman v. McFarlane, Case No. 2-C-48-S (U.S. D. Ct. W.D. Wis.), injunction aff’d, 360 F.3d 644, 2004 Copr. L. Dec. P 28, 758, 69 U.S.P.Q.2d 1946 (7th Cir. 2004) (pending)
Libel/Copyright
Smith v. Oprah Winfrey and Harpo Productions, Inc., 186 Fed. Appx. 695 (8th Cir. 2006) (per curiam)
Intellectual Property Related Commercial Litigation
The Hanover Ins. Co. v. TMP Intn’l, Inc., Case No. 2: 06-ap-904-CGC (U.S. Bankr. Ct. D. Ariz.)
In re Todd McFarlane Productions, Inc., Case No. 2:04-bk-21755-CGC (U.S. Bankr. Ct. D. Ariz.)
Commercial Litigation
East Maine Baptist Church v. Union Planters Bank, N.A., case No. 99CC-3894 (Mo. Cir. Ct., 21st Cir.), writ of prohibition issued, Union Planters Bank, N.A. v. Kendrick, 142 S.W.3d 729 (Mo. 2004) (en banc), rem. sub nom., East Maine Baptist Church v. Regions Bank, Case No. 4:05-cv-962-CAS (U.S. D. Ct. E.D. Mo.)
Professional Affiliations
American Bar Association, Intellectual Property Section (Unfair Competition, Trade Identity Subcommittee) and Litigation Section (Intellectual Property, Copyright Subcommittee)
Bar Association of Metropolitan St. Louis, Appellate Practice Committee
Civic and Charitable Organizations
University of Chicago Alumni Club of St. Louis, President
Boy Scout Troop 110, St. Margaret of Scotland, Former Scoutmaster
St. Louis University High School, Mock Trial, Former Coach
Background
Husch Blackwell Sanders, St. Louis, MO, Partner, 2007-2009; Associate, 2003-2006; Of Counsel 2002
Judicial Clerkship, United States District Court, Eastern District of Missouri for the Honorable Rodney W. Sippel, 2001-2002
Blackwell Sanders Peper Martin LLP, St. Louis, MO, Associate 1999-2000
Judicial Clerkship, Office of Staff Attorneys, United States Court of Appeals, Eighth Circuit for the Honorable James B. Loken, 1997-1999
Accomplishments & Accolades
Court-appointed Special Litigation Counsel for Chapter 11 reorganization of comic-book studio
Obtained expedited appellate briefing and review of interlocutory trademark injunction
Developed strategy for right-of-publicity trial on remand resulting in defense verdict for comic-book imprint, toy creator, and entertainment licensor
Represented plaintiff in trademark mediation resulting in defendant’s change of principal trademark despite adverse interlocutory ruling
Briefed successful state supreme court petition for writ of prohibition on class certification in multi-million dollar securities class action
Tried constitutional law class action to successful defense verdict and obtained appellate reversal of class certification while retaining defense verdict
Selected for inclusion in Missouri & Kansas Super Lawyers — Rising Stars Edition 2008
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