Industry Expertise

• Consumer Durables & Apparel
• Hotels, Restaurants & Leisure
• Media
• Retailing
• Food & Drug Retailing
• Food, Beverage & Tobacco
• Household & Personal Products
• Real Estate
• Health Care Equipment & Services
• Pharmaceuticals & Biotechnology
• Commercial Services & Supplies
• Transportation
• Software & Services
• Technology Hardware & Equipment

Honors & Awards

• 2013 The International Who's Who of Trademark Lawyers 2013 : One of the world's leading Trademark lawyers
• 2013 The International Who's Who of Business Lawyers : Recognized
• 2012 The International Who's Who of Trademark Lawyers 2012 : One of the world's leading Trademark lawyers

Trials, Appeals & Litigation

• Peabody Management, Inc. v. LQ Management, LLC, Case No. 6:12-cv--1458 (M.D. Fla. 2013, Judge Sharp) (Settled, defendant allowed a limited phase-out period to run La Quinta Hotel's Ducks in A Row ad campaign) (Trademark Infringement, Unfair Competition, Trademark Dilution)
• Robert Bosch LLC v. A.B.S. Power Brake, Inc., Case No. 09-14468 (E.D. Mich. 2012, Judge Duggan) (After three years of litigation, Bosch awarded judgment of over $13 Million, injunction, and destruction order by default on claims for counterfeit and infringing hydraulic brakes, and for false advertising of refurbished brakes as new, genuine Bosch products) (Counterfeiting, Trademark Infringement, Unfair Competition)
• Peabody Management, Inc. v. TNK (2009) Limited, Opposition No. 91206700 (TTAB 2012) (Defendant expressly abandoned opposed application, resulting judgment for Peabody) (Trademark Infringement)
• Bosch Security Systems, Inc. v. Seaguard Electronics, L.L.C. et al., Case No.: 2:11-cv-356 (D. Nev. 2011, Judge Hicks) (Defendants withdrew infringing trademark application, took down infringing website, and abandoned domain name at issue) (Trademark Infringement, Unfair Competition, Cybersquatting)
• Darden Concepts, Inc., et al. v. Briad Restaurant Group, L.L.C., et. al., Case No.: 10 CV 2077 IEG (S.D. Cal. 2010) (permanent injunction on consent; confidential settlement) (Trademark Infringement, Unfair Competition, Trademark Dilution)
• Darden Concepts, Inc. v. Kamal Kumar, Opposition No. 91197054 (TTAB 2011) (BAHAMA BREEZE v. BAHAMA BREEZE; Judgment for Darden for its Bahama Breeze restaurants) (Trademark)
• Barbeque Integrated, Inc. v. Michael Stone, Opposition No. 91190935 (TTAB 2011) (SMOKEY BONES v. STONEY BONES; judgment for operator of Smokey Bones restaurant) (Trademark)
• ATI Technologies ULC v. Agere Systems Inc. , Opposition Nos. 91181441 (TTAB 2010) (FIRE and CROSSFIRE v. TRUEFIRE, settled with amendment to application) (Trademark)
• Peabody Management, Inc. (plaintiff in multiple cases for domain name infringement), NAF Case Nos. FA1009001349529, FA1009001349525, FA1010001349833 (NAF 2010) (Domain names transferred to client) (Internet, E-Commerce and Computer Technology)
• Darden Concepts, Inc. v. Bradford M. Kimball, Opposition Nos. 91169729-731 (TTAB 2009) (RED LOBSTER v. BLUE LOBSTER; abandonment of applications) (Trademark)
• Darden Concepts, Inc. v. Pennant Foods Company, Opposition No. 91188582 (TTAB 2009) (Opposition by owner of Red Lobster's "ENDLESS SHRIMP" mark; abandonment of application) (Trademark)
• Peabody Management, Inc. v. Peabody Painting & Waterproofing, Inc., C.A. No. 2:2007cv02675-dkv (W.D. Tenn. 2007) (Judge Donald) (on behalf of Plaintiff, obtained permanent injunction on consent; confidential settlement) (Trademark Infringement)
• Slazengers Ltd. v. The Sports Authority, Inc., Case No. 1:2007-cv-01024 (E.D. Va. 2008, Judge O'Grady) (gray market golf ball case) (Trademark)
• Advanced Micro Devices, Inc. v. BANKSYS, societe anonyme, Opposition No. 91181545 (TTAB 2008) (XENTURION v. TURION, Judgment for Opposer) (Trademark)
• Darden Concepts, Inc. v. G.S. Color Import, Ltd. , Opposition No. 91178515 (TTAB 2007) (BAHAMA BREEZE v. BAHAMA BREEZE; Judgment for Darden for its Bahama Breeze restaurants) (Trademark)
• Spansion LLC v. Esalk LLC, Case No. D2007-1237 (WIPO 2007) (domain transferred) (ADR, arbitration, Mediation, and Expert Witnesses)
• Singletary, et al v. GMRI, Inc., Case No. 1:2004cv20517 (S.D. Fla. 2005, Judge Martinez) (General)
• Darden Corp. et al (Olive Garden) v. IHOP Corp., Case No. 6:2004cv00149 (M.D. Fla. 2005, Judge Sharp) (on behalf of Plaintiff, use of offending mark halted; confidential settlement) (Trademark Infringement)
• GMRI and Darden Corp. v. Seasons Restaurant, Inc. , Opposition No. 91158488 (TTAB 2004) (SEASONS v. SEASONS, Judgment for Darden, operator of Seasons 52 restaurants) (Trademark)
• Eugene Singletary and Restaurant at the Falls, Inc. v. GMRI, Inc., Case No. 04-20517-CIV- (S.D. Fla. 2004, Judge Martinez) (confidential settlement) (Trademark Infringement, Dilution)
• Peabody Management v. Sunburst Hospitality, et al, Case No. 8:2003cv00509 (D. Md. 2003, Judge Chasanow) (confidential settlement) (Trademark Infringement)
• Nike, Inc. v. NIKESHOPS.COM, Case No. 02-1546 (E.D. Va. 2002, Judge Lee) (action under Federal Anti-Cybersquatting Consumer Protection Act, successfully obtained transfer of domain from cybersquatter, notwithstanding prior counsel's loss of UDRP proceeding) (Cybersquatting, Trademark Infringement)
• Shack Foods of America v. GMRI, Inc., Case No. 03-11458 (D. Mass. 2003, Judge Wolf) (on behalf of Defendant, obtained dismissal of action) (Trademark Infringement, Unfair Competition)
• Daniel H. Shooster v. BT Orlando, LP, Case No. 1:1999cv02048 (S.D. Fla. 2001, Judge Huck) and Opposition No. 91119471 (TTAB 2002) (Trademark Infringement)
• Adrien Arpel, Inc. v. California Fragrance Company, Cancellation No. 92025508 (TTAB 1998) (on behalf of Plaintiff, settled) (Trademark Infringement)
• Healthcare Compare v. United Payors, et al, Case No. 1:1996cv02518 (N.D. Ill. 2000, Judge Moran) (on behalf of key non-party witness) (Unfair Competition)
• In Re: First Health Group, et al v. United Payors, Case No. 8:1999mc00019 (M.D. Fla. 1999, Judge Bucklew) (on behalf of key non-party witness) (Unfair Competition)
• Darden Restaurants, Inc. v. Jeno F. Paulucci (D. Minn. 1998) (on behalf of Olive Garden restaurants against founder/owner of Jeno?s Pizza Roll product, settled successfully) (Declaratory Judgment, Trademark Infringement)
• Saban Entertainment, et al v. Rubie's Costume Co., Case No. 1:1994cv03592 (E.D.N.Y. 1997, Judge Trager) (action involving infringing Power Rangers costumes, settled successfully) (Copyright Infringement, Unfair Competition)
• Bob DeGabrielle & Associates, Inc. v. Florez & Florez, Case No. 2:1997cv00012 (E.D.N.C. 1997, Judge Howard) (action related to alleged copying of architectural drawings and works, settled) (Copyright Infringement, Unfair Competition)
• Saban Entertainment, et al v. 222 World Corp., et al, 865 F. Supp. 1047 (S.D.N.Y. 1994, Judge Chin) (preliminary injunction obtained on behalf of plaintiff against infringing Power Rangers toy figures) (Copyright Infringement)
• Control Risks Group, et al v. Corporate Risk Intl, et al, Case No. 1:1993cv01494 (E.D. Va. 1994, Judge Ellis) (jury trial on behalf of Plaintiff, settled during trial) (Trademark Infringement, Unfair Competition)
• Ganz Bros. Toys v. Midwest Importers, et al, Case No. 1:1993cv00549 (E.D. Va. 1993, Judge Ellis) (jury trial on behalf of Plaintiff toy manufacturer, damages over $1 Million awarded) (Copyright Infringement, Unfair Competition)
• NEXxUS Products Co. v. Gentle Concepts Inc., 28 U.S.P.Q.2d 1257 (M.D. Fla. 1993, Judge Duggan) (bench trial on behalf of Plaintiff; $171,000 in damages, attorneys fees and pre-judgment interest awarded) (Trademark Infringement, Trade Dress Infringement)
• Caterpillar, Inc., et al v. Kat-Parts, et al, Case No. 4:1991cv00444 (S.D. Tex. 1993, Judge Black) (jury trial on behalf of Plaintiff relating to counterfeit tractor parts, successfully settled at conclusion of Plaintiff?s case) (Trademark Infringement, Counterfeiting, Trade Dress Infringement)
• National Rural Electric Cooperative Ass'n v. National Agricultural Chemical Ass'n, 26 U.S.P.Q.2d 1294 (D.D.C. 1992, Judge Greene) (preliminary injunction obtained on behalf of Plaintiff) (Trademark Infringement, Unfair Competition)
• Extensive Counterfeiting, Piracy and Infringement Litigation (1981-2001) (throughout the United States, litigation of voluminous merchandising infringement actions on behalf of numerous rights holders including United Feature Syndicate (then-owner of "Peanuts" and "Garfield" comic strips), Major League Baseball Properties, NEXxUS hair care products, adidas, Coca Cola, General Motors, "Power Rangers," Rolex, Vuitton, Warner Brothers (e.g., "Looney Tunes"), Universal Studios ("Jurassic Park"), the U.S. Olympic Committee, and Collegiate Licensing Company schools.) (Trademark, Counterfeiting, Copyright)

Professional Activities

• Women's Bar Association of Illinois : Director, 2012-2014
• International Trademark Association : 2012-2013 Emerging Issues Committee, Issues Identification Subcommittee, Database Review Group Leader
• Women's Bar Association of Illinois : Election to Nominating Committee (2013) (Committee responsible for selecting all officers and directors of the Association)
• Women's Bar Association of Illinois : Director, 2010-2012
• Women's Bar Association of Illinois : Chair, Corporate Committee, 2011-2012
• Women's Bar Association of Illinois : Co-Chair, Bylaws Committee, 2011-2012
• International Trademark Association : 2010-2011 Non-Traditional Marks Committee, U.S.P.T.O. Non-traditional mark analysis project and non-traditional mark decisions court monitoring project (7th Circuit)
• Women's Bar Association of Illinois : Co-chair, Joint Professional Dinner, 2010
• Women's Bar Association of Illinois : Co-chair, Corporate Counsel and Programming Committees, 2010-2011
• International Trademark Association : 2008-09 Non-Traditional Marks Committee, and Non-traditional mark decisions court monitoring project (7th Circuit)
• International Trademark Association : 2007 Annual Meeting Committee Project Team Group Leader
• International Anti-Counterfeiting Coalition : Lobbied passage of Maryland state anti-counterfeiting statute
• International Trademark Association : 2005 Anti-Counterfeiting Seminar Forum Project Team
• International Trademark Association : 2003 Madrid 101 Distance Learning Seminar Project Team
• International Trademark Association : Programs, Public Relations and Legislation Committees
• International Anti-Counterfeiting Coalition : Former Biannual Meeting Co-Chair
• American Intellectual Property Law Association : Member
• Intellectual Property Law Association of Chicago : Member, Domestic and International Trademark Committees
• American Bar Association : Intellectual Property and Litigation Sections; Entertainment and Sports Industry Forum
• District of Columbia Bar Association; Sections of Patent, Trademark and Copyright Law : Arts, Entertainment and Sports Law
• Women's Bar Association of Washington, D.C. : Member, Intellectual Property Law Committee
• Virginia State Bar Association : Member, Intellectual Property Section
• Ohio State Bar Association : Member
• Illinois State Bar Association : Member
• Chicago Bar Association : Member, Intellectual Property Section
• Women's Bar Association of Illinois : Member, Joint Professional Dinner and Annual Meeting Dinner Committees

Publications

• "Frontiers of Trade Dress Law - Recent Developments in the Law of Color, Configurations, Combinations of Elements, and Likenesses of Persons as Protectable Rights," ABA 28th Annual Intellectual Property Law Conference, Arlington, VA (April 2013)
• Book chapter, "State Trademark and Unfair Competition Law Remedies," Trademark Infringement Remedies (ABA/Bloomberg 2d Ed. 2012) (December 2012)
• 100 Years of Seeing RED-A Historical Perspective on the Second Circuit's "Red-Sole Shoe" Mark Decision in Louboutin v. Yves Saint Laurent, Pattishall Newsletter (November 2012)
• "A Legal Kaleidoscope - Single Color Trademarks From pre-Owens-Corning Pink Insulation to Louboutin Red-Soled Shoes," ABA Section of IP Law, 27th Annual Intellectual Property Conference Paper (March 2012)
• Protecting Your Company Brands Against Sexually Explicit and Pornographic .XXX Domain Names, WBAI Fall Newsletter (October 2011)
• Protecting Your Company Brands Against Sexually Explicit and Pornographic .XXX Domain Names - Deadline for Sunrise Period for Blocking Registrations is October 28, 2011, Pattishall IP News (August 2011)
• The Likely Impact of a Federal Government Shutdown on the United States Patent and Trademark Office, Copyright Office, and Federal Courts, Pattishall IP News (April 2011)
• USPTO Registers Unique "Non-Traditional" Service Mark: A 109-Word Narrative Story -- Registration of The Peabody Hotels' "Legend of the Ducks" Follows Earlier Motion Mark Registration of its Iconic Duck March, Pattishall IP News (October 2010)
• "U.S. Supreme Court Upholds Federal Court Jurisdiction Over Copyright Infringement Claims for Unregistered Works: Reed Elsevier, Inc. v. Munchink," Pattishall IP News (March 2010)
• "Chicago Trademark Attorneys successfully conclude Federal court litigation to protect the Peabody Hotels' Peabody name and famed marching ducks," Pattishall IP News (May 2009)
• Book chapter, "State Trademark and Unfair Competition Law Remedies," Trademark Infringement Remedies (ABA/BNA 2006; Annual Supps. 2006, 2007, 2008, 2010).
• "Defending Copyright Infringement Claims Involving the 'Total Look and Feel' of Literary and Artistic Works", American Intellectual Property Law Association, Fall 1995, AIPLA Selected Legal Papers.
• "Trademark Law Revision Act of 1988 and Its Impact on Trademark Prosecution and Enforcement in the U.S.," 3 The Corporate Analyst 176 (1991) (Co-Author).
• "A Journalist's View of The Progressive Case: A Look at the Press, Prior Restraint and the First Amendment from the Pentagon Papers Cases to the Future," 41 Ohio State L.J. 1165 (1980).

Presentations

• "The Blonde, the Red Shoe, the Round-Cornered Rectangles: Debating the Frontiers of Trade Dress Law," ABA 28th Annual Intellectual Property Law Conference, Arlington, VA (April 2013)
• 100 Years of Seeing RED - A Historical Perspective on the Second Circuit's "Red-Sole Shoe" Mark Decision in Louboutin v. Yves Saint Laurent, JurisDiction Blog Podcast Interview
• "Commercial and IP Law Department - Trademarks" practice segment, Fortune 500 company's Law Firm Summit (January 2013)
• "The Color of Love (and Other Things) - Trademarks and Aesthetic Functionality," Pattishall CLE presentation (June 2012)
• "The Rise and Fall of Aesthetic Functionality," ABA 27th Annual Intellectual Property Law Conference, Arlington, VA (March 2012).
• "How Do Small Women-Owned Businesses Protect Intellectual Property?," Women's Business Development Center's "Connection Points," Chicago, IL (December 2011).
• "It's Not Your Grandfather's Trademark - It's a Theme, It's Colorful, It's Noisy, It Moves, It's Shapely, It Lights Up, etc. ("The Creative World of Trade Dress and Non-Traditional Marks")," Texas Bar CLE Program, Austin, Texas (October 2011).
• "Clearance of Chinese Character Trademarks," Pattishall presentation (January 2010)
• "It's Noisy, It Smells, It Moves, It's Your Color, It's Shapely, It's Flavorful, It Lights Up, It's Got Texture - It Might Just Be a Non-Traditional Trademark!" Pattishall CLE presentation (July 2009)
• "Your Association is a Brand -- Protect it Like One: Hot Topics on Protection of Trade and Professional Association Intellectual Property Rights," Chicago Bar Association (December 2008).
• "The Foundation Of International Enforcement Against Counterfeiting - International Trademark Registration And Border Control Registration Protections," IQPC Seminar (September 2007).
• "Worldwide Registration to Protect Brands," IQPC/Legal IQ Workshop (October 2006).
• "The Borders Beyond - Using U.S. and Foreign Customs Agencies To Halt Exportation and Importation of Counterfeits Worldwide," INTA Anti-Counterfeiting Forum (February 2005).
• "Filing and Prosecution Strategies," INTA Madrid 101 Distance Learning Seminar (December 2003).
• "Navigating Copyright and Trademark Basics," IACC Meeting Enforcement Seminar & Handbook (October 2000).
• "Damages in Trademark Cases," IACC Meeting (October 1998).
• "Success in Trade Dress Litigation Can Mean More Than An Injunction - The Tools Plaintiffs Need To Improve Prospects For Monetary Relief," INTA Spring Forum on Trade Dress (February 1997).
• "Defending Copyright Infringement Claims Involving the 'Total Look and Feel' of Literary or Artistic Works," AIPLA Annual Meeting (1995).
• "Annual Trends in Anticounterfeiting: 1994-1995," IACC Meeting (1995).
• "Fundamentals of Copyright" and "Protection of Copyrights in Judicial Reports - From the 19th Century to West Publishing Co. v. Mead Data Central, Inc. to Feist Publications, Inc. v. Rural Telephone Service Co.," Association of Judicial Court Reporters Annual Meeting (1991).