Daniel In Hwang
I'm the CEO of a growing business. How will your work help me protect my business?
Your brand represents all of the hard work you have poured into your company's success. Even if you offer the best product or service, you can't capture that value if you can't protect your brand.
My experience clearing, registering, and prosecuting marks will help you build a strong foundation for your brand. We also help you protect your business by spotting abuses of your brand, and stopping them before they do damage.
This combination of a strong foundation and protective policies is a key to Pattishall's approach. We put your business in the strongest position to defend your brand and offer you the widest range of options to resolve disputes that may arise.
What are your areas of practice?
I focus on the selection and clearance of trademarks, registration and prosecution of trademarks, policing trademark use, and litigation of trademark and trade dress infringement and dilution. As a registered patent attorney admitted to practice in the U.S. Patent and Trademark Office, my practice also includes clearing and obtaining design patents.
Tell me about one of your recent successes.
The key to success is avoiding problems in the first place whenever possible. It isn't as dramatic as winning a big case, but it's always better for the client!
For example, a manufacturing client received a handout at a training presentation. The client wanted to use these images for its own safety manuals, and sought advice on how to proceed. Although the use was arguably permissible under fair use principles, we advised the client against using actual images from the presentation. We suggested other options to the client and they avoided what might have been a costly bit of litigation.
In another case, a client asked for advice about hosting a blog for its customers. Because they requested information from children, the client needed to comply with the Children's Online Privacy Protection Act. We were able not only to educate the client about this law but also to avoid potentially embarrassing problems down the road.
What qualifications and skills should a client look for in an IP lawyer?
It's important for an IP lawyer to have experience with a client's industry, but a good IP lawyer will understand the client's specific business. Only by knowing a client's goals and limitations can an IP lawyer skillfully and efficiently protect the client's interests.
I work closely with clients to understand not only their products and brands but also their approach to doing business. The client can be confident that I'm always looking at the big picture as well as the particular issue.
How does Pattishall's "team approach" differ from other law firms?
I challenge you to find a firm with as much academic and practical experience in the trademark and copyright arena. No other law firm has such great team leaders. Not only do the partners have a great wealth of knowledge, but they also take the time to share their skills with young associates. This training builds a knowledgeable and dynamic team that Pattishall uses to give its clients the best service possible.
Although my colleagues trust me to show initiative, they also know that I work well with others. On teams, my colleagues appreciate my willingness to tackle the most challenging tasks and my ability to make a tasty pulled pork sandwich.
Industry Expertise
-
Consumer Durables & Apparel
-
Energy
-
Food & Beverage
-
Food & Drug Retailing
-
Health Care Equipment & Services
-
Hotels, Restaurants & Leisure
-
Pharmaceuticals & Biotechnology
-
Technology Hardware & Equipment
Honors & Awards
-
2011
American Bar Association
:
First Place Honor Awarded to The Diversity Committee of the Chicago Bar Association's Young Lawyers Section, chaired by Daniel Hwang, for its Fall 2010 seminar regarding same sex marriage
Trials, Appeals & Litigation
-
EMC Corp. v. Promise Technology, Inc., Opposition No. 91201616 (TTAB 2011)
(Trademark)
-
Cloverhill Pastry-Vend, LLC v. 10 Star Enterprises, Inc., Opposition No. 91181131 (TTAB)
(Trademark)
-
Eco Pro Painting, LLC v. The Sherwin-Williams Company et al, Case No. 1:2011-cv-00354 (N.D. Ill. 2011, Judge Kennelly)
(Trademark Infringement)
-
PepsiCo, Inc. v. Castillo, Case No. 1:2011-cv-03717 (S.D.N.Y. 2011, Judge Cote)
(Trademark Infringement, Gray Market Goods)
-
BP P.L.C. v. National Orthodontix MGMT, LLC, Opposition No. 91201087 (TTAB 2011)
(Trademark Dilution)
-
Decho Corporation v. Mueller, Opposition No. 91183001 (TTAB 2011)
(Trademark)
-
Castrol Limited v. Power Mart Corp., Cancellation No. 92053647 (TTAB 2011)
(Trademark Cancellation - Abandonment)
-
RSA Security Inc. v. Cryptometrics Canada Inc., Canadian Opposition to Appl. No. 1,245,903 (won trademark Opposition)
(Trademark)
-
Pepsico, Inc. v. SPE Trading, Inc., Case No. 2:2010-cv-06833 (C.D. Cal. 2010, Judge Pregerson)
(Trademark Infringement, Gray Market Goods)
-
PepsiCo, Inc. v. Intrastate Distributors, Inc., Case No. 2:2010cv11361 (E.D. Mich. 2010, Judge Lawson)
(Trademark Infringement)
-
PepsiCo, Inc. v. Su Casa Imports, Inc., Case No. 3:2010cv00330 (D. Or. 2010, Judge King) (Injunction entered against importation, distribution, and sale of gray market soft drinks)
(Trademark Infringement)
-
EMC Corporation v. EMC Telecom Corporation, Opposition No. 91191905 (TTAB 2009) (won Opposition)
(Trademark)
-
Carnival plc v. Service Online LLC, WIPO Case No. D2009-1142 (WIPO, Panelist Savelieva) (Domain name transferred to client despite attempts by infringer to hide his identity, insist on right to file answer in Russian, and claim domain refers to geographic area and not to complainant's mark)
(Internet, E-Commerce and Computer Technology)
-
BP P.L.C. v. Capan, Opposition No. 91191121, (TTAB 2009) (Opposition sustained)
(Trademark)
-
PepsiCo, Inc. v. Marroko USA LLC, Case No. 3:2009cv00338 (N.D. Tex. 2009, Judge Boyle)
(Gray Market Enforcement, Trademark Infringement)
-
PepsiCo, Inc. v. JT Saniya, Inc., Case No. 2:2009cv00751 (C.D. Cal. 2009, Judge Pregerson)
(Trademark Infringement)
Professional Activities
-
Chicago Bar Association, Young Lawyers Section, Intellectual Property Committee
:
Legislative Liasion
-
Chicago Bar Association, Young Lawyers Section, Diversity Committee
:
Vice-Chair
-
American Bar Association, Section of Intellectual Property Law
:
Member
-
Chicago Bar Association
:
Member
-
Intellectual Property Law Association of Chicago
:
Member
-
National Asian Pacific American Bar Association
:
Member
Publications
Presentations
-
"Basics of Intellectual Property," a seminar co-taught to Senn High School students on behalf of the Chicago Intellectual Property Alliance, Chicago, IL (November 2009)
-
"How to Protect Your Intellectual Property," co-presenter, Chicago Bar Association's Law in the Library Sessions, Harold Washington Library, Chicago, IL (November 2009)
-
"Advertising Protection Law for the Elderly", co-panelist, IP Committee, Young Lawyers Section of the Chicago Bar Association, Chicago, IL (November 2009)
-
"Basics of Intellectual Property," a seminar co-taught to Mather High School students on behalf of the Chicago Intellectual Property Alliance, Chicago, IL (October 2009)
-
"Careers in IP," Co-Moderator, YLS IP Committee Seminar, Chicago, IL (September, 2009)