David C. Hilliard
''David Hilliard has been recognized as one of the Top 100 Super Lawyers in Illinois in 2020, his eleventh year to be so honored.''
''David Hilliard is highly respected for his extensive experience in the IP market. He is noted for advising a wide range of multinational clients on complex litigation and arbitration matters.''
''David Hilliard is often called on as a witness, such is the depth of his knowledge and litigation experience. He writes extensively on the law and takes to the podium as a lecturer to share his knowledge.''
David’s clients come to him looking for a lawyer who can provide sound, cost-effective advice, but who also can orchestrate a month-long trial, provide credibility and insight as an expert witness, or bring stubborn parties to a settlement as a mediator. David’s intellectual property cases have resulted in over 100 Federal Court opinions throughout the United States, including nine jury trials, and he has argued appeals in all but one of the U.S. Courts of Appeal.
Intellectual Property Litigation
One of WTR 1000’s two Illinois “Luminaries” and a Chambers “Senior Statesmen,” David brings value through his wide experience as a trial lawyer in Intellectual Property matters of every description. He protects iconic brands like FORD, PEPSI, GENERAL MOTORS, JAGUAR, BASF, CHRYSLER, H&R BLOCK, NORTHERN TRUST, SUNLIFE OF CANADA and TIGER WOODS.
David is listed in The BEST LAWYERS IN AMERICA, has been recognized by The Legal 500 for his “longstanding track record of trial and appellate level matters” and by WTR 1000 as a respected expert witness. He is a Fellow, American College of Trial Lawyers and past Chair of the College’s Courageous Advocacy Committee.
David’s litigation highlights include:
Expert Witness in Intellectual Property Cases
- For Sun Life of Canada, establishing the principles of “doctrinal moorings” and “inevitable confusion” in U.S. District and Appellate Court trademark cases and introducing the first “mystery shopper” survey as an innovative means of assuring survey trustworthiness.
- For PepsiCo, launching more than seventy gray market goods cases that resulted in Federal Court opinions that helped define the standards for protection against gray market imports, and violations of the Tariff Act.
- As lead counsel for Ford Motor Company, winning major copyright cases in Asia, South America and the U.S. that shut down over fifty counterfeiters of Ford parts and helped establish many of the legal bases for anti-counterfeiting protection.
- For Jaguar Motor Cars, closing down seventy-two infringers and stopping the Jacksonville Jaguars football team from using a leaping jaguar logo. See “How David C. Hilliard Got the Jacksonville Jaguars to Change Their Logo,” Illinois Super Lawyers Magazine.
- In Northern Trust Co. v. J. P. Morgan Chase, David prevailed over repeated intentional copying of a major Northern Trust Brand in the NFL Superbowl.
David often serves as an expert witness in major litigation for clients like TRAVELERS INSURANCE, CHRYSLER, HOOVER, BLUE SHIELD OF CALIFORNIA, KIMBERLY-CLARK and 3M. He served successfully as an expert for the INTERNAL REVENUE SERVICE in a $425 million case involving evaluation of assets of the Carnation Company.
His credibility and insight as an expert witness benefit from his teaching for many years at Northwestern Pritzker University School of Law and at the University of Chicago Law School. He also benefits from extensive experience as a writer in the field of intellectual property law. His publications include:
- A treatise, Marvel, Hilliard and Welch, TRADEMARKS AND UNFAIR COMPETITION (Lexis Nexis, 10th ed., 2021), which has been cited and quoted by federal courts, and has been used by the Federal Judiciary to train federal judges in intellectual property law.
- A law school text book, Hilliard, Welch & Widmaier, TRADEMARKS AND UNFAIR COMPETITION (Carolina Academic Press 12th ed., 2019), was cited and quoted by the United States Supreme Court (Moseley v. Victoria’s Secret), and is used in over fifty law school courses nationally.
As an expert witness, David has often raised constitutional and other dispositive issues that have resulted in settlements resolving multi-million dollar litigation. David has recently been an expert witness in six major intellectual property cases:
Mediator and Arbitrator in Intellectual Property Cases
- a Reverse Confusion case in Utah in which defendant swamped plaintiff by using plaintiff’s name and mark on defendant’s website dramatically decreased plaintiff’s business by 93.5%;
- a multi-million dollar insurance defense case in the state of Washington where he discovered that plaintiff’s claims violated the public welfare clause of the Utah Code of Ethics for Engineers as well as the First Amendment of the U.S. Constitution pursuant to U.S. v. Alvarez, 132 S.Ct. 2537 and the Utah Supreme Court in Eldridge v. Johndrow, 345 P.3d 553;
- a New York case where he launched an innovative “market survey” and established that plaintiffs’ claims violated Article I of the U.S. Constitution pursuant to Bonito Boats, 489 U.S. 141 and Dastar 539 U.S. 23;
- a Michigan case where plaintiffs’ claims also violated Article I of the U.S. Constitution as well as the doctrine of fair use (recently, $8.4 million was awarded after a nine day jury trial in Los Angeles in a parallel case in which defendant failed to raise David’s Article 1 Constitutional defense);
- a genericness case in Minnesota where David demonstrated on partial summary judgment that plaintiffs’ claimed trademark was introduced as a generic term and used exclusively that way for seven years. Further, David’s surveys and historic analysis demonstrated to the court that no initially generic term has ever been “recaptured” as a trademark in the history of U.S. law;
- trial testimony in a case in the U.S. District Court in Hawaii involving application of the USPTO rules for Supplemental Registrations and the U.S. Constitutional requirements for Use In Commerce.
David has handled dozens of mediations and arbitrations nationwide, and is a Federal Court and CPR/INTA-certified mediator and arbitrator. Here is how he describes his approach:
“An expert decision-maker lets the parties focus on the nuances of their particular dispute, and get a result comparable to an appellate decision that might take years, and cost millions of dollars to reach.”
His role as an adjunct professor and author of both a well respected treatise and law school text book also helps here, but the life-lessons from serving the profession and community (noted below) may be more so.
One of his most challenging mediations was in the $750 million Terra Museum conflict with the State of Illinois. It generated coverage in the New York Times, Wall Street Journal and elsewhere. See The Art of Mediation: The Terra Museum War, ABA Landslide Magazine.
Service to the Profession and Community
David’s civic and professional leadership have strengthened his effectiveness as a lawyer, expert and mediator. In recent years, David received:
- the Justice John Paul Stevens Award for “extraordinary integrity and service to the community throughout his career”;
- the Lawyers for the Creative Arts “Distinguished Service Award for Outstanding Contribution to the Arts”;
- an American College of Trial Lawyers Award for “Representing the College in litigation with Honor and Distinction”; and
- from 2017-2020 David served as Chairman of the Newberry Library Board of Trustees, one of America’s leading institutions for research and scholarship in the humanities.
He is past President of the Chicago Bar Association, and currently Chair of its Past Presidents Committee. He has served as President of the Lawyers Trust Fund of Illinois, the Legal Club, and the Wayfarers Club, and was a founding member of the Illinois Commission on the Rights of Women. He is a past Chair of the Visiting Committee of the University of Chicago Law School, and served as a Judge Advocate in the United States Navy under Admiral John S. McCain.
David is currently a Trustee of the Art Institute of Chicago, a former Vice-Chair of the Art Institute and Chair of the School of the Art Institute, and was awarded the Institute’s Architecture and Design Society “Lifetime Achievement Award.” David is President of the Rettinger Foundation and Director of the Allerton Endowment Fund.
David has served as a Director of the International Trademark Association, a member of Council of the ABA Intellectual Property Law Section, and Chair of the Northwestern Law School Annual Symposium on “Intellectual Property Law and the Corporate Client.”
He was the founding Chair of the 9,000 member Young Lawyers Section of the Chicago Bar Association for which the Association established the David C. Hilliard Award given annually to the outstanding Section Committee Chair. See “A Cause for Celebration.” David was recently named an “Honorary Young Lawyer in Perpetuity” (!), and recently was honored by the Chicago Bar Association for “Leading the Way.”
David was profiled in a four-page article in Chicago Lawyer Magazine, see “Collecting to Give,” and was honored last year by The University of Chicago Law School in an article entitled “Big Picture Litigator Takes Pride in Being Civic and Professional Leader.”
- Smart Solar Inc. et al v Sky Billiards, Inc., Case No. 17-cv-04211 (N.D. Ill., Judge Tharp) (Copyright, Trade Dress, False Advertising)
- Unity Health Plans Ins. Co. v. Iowa Health System d/b/a Unity Point Health, Case No. 13-cv-845-WRC (W.D. Wisc, Judge Conley) (Trademark Infringement)
- On Site Energy Company, Inc. v. MTU Onsite Energy Corp., Case No. 2:10-cv-01671 (E.D. N.Y., Judge Seybert) (Trademark Infringement)
- Talon International, Inc. v. Adidas America, Inc., Case No. 2:12-cv-02572 (C.D. Cal., Judge Feess) (Trademark Infringement, Reverse Confusion, Surveys)
- American National Insurance Company v. American National Investment Advisors, LLC, Case No. 1:2011-cv-04016 (N.D. Ill., Judge Coleman) (Trademark Infringement)
- Polymer Group, Inc. et al v. Magla Products LLC et al, Case No. 3:2010-cv-00288 (W.D.N.C., Judge Cogburn) (Trademark, Trade Dress, Patents)
- Ugglebo Clogs, LLC v. Deckers Outdoor Corp., Case No. 0:2011-cv-00213 (D. Minn., Judge Schiltz) (Trademark Infringement)
- University of Nebraska v. Chase Bank USA, N.A. (National Arbitration Forum) (Trademark Infringement, Breach of Contract)
- J. P. Cooke v. Schwabb (Dist. Neb.) (Cybersquatting, Keyword Infringement)
- Schwabb v. J. P. Cooke (E.D. Wisc.) (Trade Libel, Disparagement)
- University Healthsystem Consortium v. Northshore University HealthSystem, Case No. 1:2009-cv-05000 (N.D. Ill., Judge Bucklo) (Trademark Infringement)
- SPSS, Inc. v. Nie et al., Case No. 1:08-cv-00066 (N.D. Ill., Judge Darrah) (Contracts)
- Implant Innovations, Inc. v. Debbie, LLC, Bicon, LLC, Bicon International, Inc., Case No. 9:06-cv-80913-DTKH (S.D. Fla., Judge Hurley) (Trademark Infringement)
- After Hours Formal Wear, Inc. v. Tuxedos, Inc., Case No. 06-cv-2460 (N.D. Ill., Judge Guzman) (Unfair Competition)
- The Doctors Company v. Florida Doctors Insurance Company, Case No. 3:06-cv-00481 (M.D. Fla., Judge Covington) (Trademark Infringement)
- Payless Shoe Source Worldwide, Inc. v. Target Corporation and Target Brands, Inc., Case No. 5:05-4023-JAR (D. Kan., Judge Robinson) (Unfair Competition)
- Buntrock v. Terra (Terra Museum), et al. , Case No. 00 CH 13859 (Circuit Court of Cook County, Judge Kinnaird); 151 F.Supp.2d 931 (N.D. Ill., Judge Bucklo); 348 Ill. App. 3d 875 (Trustee Mismanagement)
- Fundme.com v. Gofundme, Inc., Case No. 2:16-cv-00104-DN (D. Utah, Judge Nuffer) (Priority, Abandonment, Reverse Confusion)
- Select Comfort Corporation v. BAXTER, et al., Case No. 0:12-cv-02899 (D. Minn., Judge Frank) (Genericness)
- LifeLast, Inc. v. Travelers Indemnity Co., Case No. 2:14-cv-01031 (W.D. Wash., Judge Robart) (Disparagement, Engineering Standards, First Amendment)
- Herman Miller, Inc. v. Modernica, Inc., Case No. 1:14-cv-00161 (W.D. Mich., Judge Ellen Carmody) (Right of Publicity)
- The George Nelson Foundation v. Modernica, Inc., Case No. 1:13-cv-03427 (S.D. N.Y., Judge Baylson) (Trademark, Constitutionality)
- Unitek Solvent Services, Inc. v. Chrysler Group LLC, Case No. 1:12-cv-00704 (D. Hawaii, Judge Watson) (Genericness, Descriptiveness, Federal Question)
- Spin Master, Ltd., et al., v. Zobmondo Entertainment, LLC v. Howard & Howard, et al., Case No. CV07-0471 ABC(JTLx) (C.D. Calif., Judge Collins) (Insurance, Malpractice)
- Chrysler Group LLC v. Moda Group, LLC, et al., Case No. 2:11-cv-11074 (E.D. Michigan, Judge Tarnow) (Trademark, Unfair Competition)
- Douglas Press, Inc. v. Kaplan, 207 Ill. 2d 599 (Circuit Court of Cook County, Illinois) (JURY TRIAL) (Malpractice, Insurance)
- AcademyOne, Inc. v. CollegeSource, Inc., Case No. 2:2008-cv-05707 (E.D. Penn., Judge Padova) (Trademark, Domain Name, Surveys)
- Georgia-Pacific Consumer Products LP v. Kimberly Clark Corporation, et al., Case No. 09-cv-2263 (N.D. Ill., Judge Kendall) (Trade Dress, Patents)
- 3M Company v. Vita Zahnfabrik H. Rauter GmbH & Co., KG and Vident, Inc., Case No. 0:2006-cv-04564 (D. Minn., Judge Doty) (Trademark Infringement, USPTO)
- California Physician’s Service, d/b/a Blue Shield of California v. Blue Cross Blue Shield Association (California Arbitration) (Advertising)
- Klein-Becker, USA, LLC v. Allergan, Inc., Case No. 2:2003-cv-00514 (D. Utah, Judge Benson) (Patents, Unfair Competition, Genericness)
- Vital Pharmaceuticals, Inc. (VPX Sports) v. American Body Building Products, LLC, Case No. 0:2006-cv-60633 (S.D. Fla., Judge Middlebrooks) (Malpractice)
- Powerhouse Marks, L.L.C. and Powerhouse Licensing, L.L.C. v. Chi Hsin Impex, Inc., Case No. 2:2004-cv-73923 (E.D. Mich., Judge Duggan) (Unfair Competition)
- General Motors Corporation v. Avanti Motors, Case No. 5:2003-cv-60034 (E.D. Mich., Judge Battani) (Trade Dress, Surveys)
- Breuer Electric Mfg. Co. (d/b/a Breuer/Tornado Corporation) v. The Hoover Company, U.S. Dist. LEXIS 11613 (N.D. Ill., Judge Gottschall) (JURY TRIAL) (Trade Dress)
- Nestlé Holdings, Inc. v. Commissioner of Internal Revenue Service, Docket No. 021562-90 (U.S. Tax Court) (Trademark Valuation)
- Automobiles & Components
- Food & Beverage
- Health Care Equipment & Services
- Household & Personal Products
- Petroleum Industry
- Pharmaceuticals & Biotechnology
- 2021 Who's Who Legal: Trademarks 2021 : One of the world's leading Trademark lawyers
- 2021 The Best Lawyers in America® 2022 : Recognized in the fields of Litigation - Intellectual Property Law, and Trademark Law
- 2021 World Trademark Review (WTR) : Recognized as a Global Leader in Private Practice
- 2021 Chambers USA-2021 : “David Hilliard has substantial experience in trademark, copyright and trade dress disputes. He provides expert advice to clients across a range of sectors.”
- 2021 IP Stars, Managing Intellectual Property : Recognized Nationally and in Illinois as a Copyright star and a Trade mark star
- 2021 World Trademark Review (WTR) 1000 : Honored as one of two Illinois "Luminaries"
- 2021 World Intellectual Property Review (WIPR) : Selected as an outstanding IP Practitioner
- 2021 Leading Lawyers Magazine : An Illinois “Leading Lawyer” in Advertising & Media Law, Copyright & Trademark Law and Intellectual Property Law
- 2020 Thomson Reuters : Recognized as one of the Top 100 Super Lawyers in Illinois for eleven years, the only Intellectual Property lawyer so honored
- 2020 The Best Lawyers in America® 2021 : Recognized in the fields of Litigation - Intellectual Property Law, and Trademark Law
- 2020 IP Stars, Managing Intellectual Property : Selected as "Copyright stars" in Illinois
- 2020 Selected as a "Trade mark star" in Illinois
- 2020 IP Stars, Managing Intellectual Property : Selected as an “IP Star” in Illinois
- 2019 World Trademark Review (WTR) Global Leaders : Recognized as a Global Leader in private practice
- 2019 The Best Lawyers in America® : Recognized in the fields of Litigation - Intellectual Property, and Trademark Law
- 2019 Martindale-Hubbell Bar Register : AV® Rated Preeminent Lawyer
- 2018 Who's Who Legal: Trademarks 2018 : One of the world's leading Trademark lawyers
- 2018 The Best Lawyers in America® : Recognized in the fields of Litigation - Intellectual Property Law and Trademark Law in Illinois
- 2018 Chambers USA 2018 : "The 'well respected and well regarded' David Hilliard is noted for his work with high-profile brands on the protection of design rights. He is regularly engaged to assist with trade dress, anticounterfeiting and false advertising matters."
- 2018 Leading Lawyers Magazine : An Illinois "Leading Lawyer"
- 2018 Leading Lawyers Magazine, Business Edition : Recognized as a Leading Lawyer in Copyright & Trademark Law, Intellectual Property Law and Advertising & Media Law for the State of Illinois
- 2017 Chambers USA-2017 : "'Top practitioner' David Hilliard brings deep experience across the range of intellectual property proceedings, both acting as a mediator in alternative dispute resolution settlements and defending major international brands in courtroom litigation."
- 2017 IP Stars, Managing Intellectual Property Magazine : Selected as an "IP Star"
- 2017 Who's Who Legal: Trademarks 2017 : One of the world's leading Trademark lawyers
- 2017 World Trademark Review (WTR) 1000 : Honored as one of two Illinois "Luminaries"
- 2017 World Trademark Review (WTR) 1000 : "Seasoned trial attorney David Hilliard is a font of branding expertise. From quashing trademark infringements to safeguarding designs and handling anti-counterfeiting suits, he has done it all in the courtroom."
- 2017 The Best Lawyers in America® : Recognized in the fields of Litigation - Intellectual Property, and Trademark Law
- 2017 World Intellectual Property Review (WIPR) : Chosen as a WIPR Leader in Illinois
- 2016 Expert Guides : A leading practitioner in Trade Marks
- 2016 Who's Who Legal: Trademarks 2016 : One of the world's leading Trademark lawyers
- 2016 World Trademark Review (WTR) 1000 : "David Hilliard is a safe pair of hands for multi-million dollar trials."
- 2016 Chambers USA-2016 : "David Hilliard is an 'incredibly smart, easy-going guy' according to sources. Clients draw upon his vast trademark and unfair competition knowledge in mediation and arbitration proceedings."
- 2015 World Trademark Review (WTR) 1000 : "David Hilliard is the firm's most experienced conflict resolution sage, whose performances before juries are especially acclaimed."
- 2015 Who's Who Legal : One of the world's leading Trademark lawyers: "The 'distinguished' David Hilliard has represented Sun Life, Ford and Pepsi."
- 2014 Architecture and Design Society : Received a "Lifetime Achievement Award" for his contributions to architecture and design in Chicago
- 2014 Leading Lawyers Magazine : Recognized as a Leading Lawyer in Copyright & Trademark Law, Intellectual Property Law and Advertising & Media Law for the State of Illinois
- 2014 The Legal 500 United States : "David Hilliard has a longstanding track record of trial and appellate level matters."
- 2014 Chambers USA : "David Hilliard is everything an IP attorney should be. He is a respected arbitrator, mediator and expert witness."
- 2013 The International Who's Who of Trademark Lawyers : One of the world's leading Trademark lawyers
- 2011 Lawyers for the Creative Arts : Honored David C. Hilliard with its "Distinguished Service Award for Outstanding Contribution to the Arts."
- 2011 The American College of Trial Lawyers : Honored the Pattishall firm "for representing the College with Honor and Distinction" in litigation. David Hilliard and Ashly Iacullo Boesche accepted the award, as counsel for the College.
- 2011 Chambers USA-The Client's Guide : "David Hilliard is a senior partner and hugely experienced figure. He handles all manner of IP matters and recently represented PepsiCo in several trademark infringement cases."
- 2011 The International Who's Who of Trademark Lawyers 2011 : One of the world's leading Trademark lawyers
- 2011 Best Lawyers in America 2008 Edition : A "Best Lawyer in America" for 10 years or longer in intellectual property law
- 2011 The Legal 500 United States : "David Hilliard is a long standing figure in trademark litigation, with extensive trial and appellate experience, and is notable for representing Ford Motor Company and PepsiCo."
- 2011 Chicago Bar Association Young Lawyers Section : Named "David C. Hilliard an Honorary Young Lawyer in Perpetuity"
- 2011 The International Who's Who of Business Lawyers : Recognized
- 2010 The Legal 500 United States : "David Hilliard represented PepsiCo across a wide range of federal court jurisdictions, having also previously protected iconic brands like Ford, BASF, Encyclopaedia Britannica and the American Medical Association."
- 2010 Leading Lawyers Magazine, Business Edition : Selected as a "Top Business Lawyer in Intellectual Property Law in Illinois"
- 2009 The Legal 500 United States : "David Hilliard is described by clients as 'excellent' [and] has tried major trademark and copyright cases throughout the United States. He is frequently brought into litigation as replacement counsel."
- 2008 Chambers USA-The Client's Guide : "David Hilliard retains a reputation as the top trademark lawyer in the state, and one with an enviable client base. A seasoned trial lawyer, he is also a skilled mediator and arbitrator."
- Pearson v. Dun & Bradstreet, GraphQ and Find the Company, Case No. 1:18-cv-07511(N.D., Ill., June, 2019, Judge Ellis) (Unfair Competition, Rule 11, Federal Rules of Civil Procedure)
- Royal Purple, LLC v. David Ward et al, Case No. 4:13-cv-03271 (S.D. Texas, June 2016, Judge Atlas) (Trade Secret, Trademark Infringement, RICO)
- American Fidelity Assurance Co. v. American Fidelity Financial Services, Inc., Case No. 1:14-cv-07747 (N.D. Ill. 2014, Judge Zagel) (Trademark Infringement)
- Dyson, Inc. v. Bissell Home Care, Inc., 1:2010-cv-08126 (N.D. Ill. 2013, Judge Der-Yeghiayan) (False Advertising)
- PepsiCo, Inc. v. Ram Traders, Ltd., 2013 WL 100769 (D. Nev. 2013, Judge Mahan) (Trademark Infringement, Unfair Competition, Trademark Dilution)
- Shield Technologies Corp. v. Paradigm Positioning, et al., Case No. 1:11-cv-06183 (N.D. Ill. 2013, Judge Grady) (granting joint motion of dismissal pursuant to settlement) (Breach of Contract)
- PepsiCo, Inc. and Frito-Lay North America, Inc. v. U.S. Global Import, Inc., Case No. 2:12-cv-00119 (C.D. Cal. 2012, Judge King) (Trademark Infringement, Unfair Competition, Trademark Dilution)
- PepsiCo, Inc. v. GFI Developers, LLC, Case No. 2:11-cv-09987 (C.D. Cal. 2012, Judge Nguyen) (Trademark Infringement, Gray Market Goods)
- PepsiCo, Inc. v. Castillo, Case No. 1:2011-cv-03717 (S.D.N.Y. 2011, Judge Cote) (Trademark Infringement, Gray Market Goods)
- Givens v. American College of Trial Lawyers, Case No. 1:2009-cv-00074 (M.D. Ala. 2009, Judge Walker) (Summary Judgment 2010, settlement, 2011) (Internet, E-Commerce and Computer Technology)
- PepsiCo, Inc. and Frito-Lay North America, Inc. v. Mike's Novelties, Inc., et al., Case No. 4:10-cv-03901 (S.D. Tex 2010, Judge Rosenthal) (Successfully obtained judgment finding trademark infringement and unfair competition, resulting in permanent injunction that stopped defendant wholesaler's infringing sales and distribution of unauthorized "can safe" products manufactured from altered PepsiCo and Frito-Lay product containers) (Trademark)
- BP P.L.C. v. Outcome Sciences, Inc., Opposition No. 91193127 (TTAB, Nov. 12, 2010) (Trademark Opposition - Logo)
- PepsiCo, Inc. v. Outrageous Ventures, Inc. and PrankPlace.com, LLC, Case No. 3:10-cv-01309 (D. Conn. 2010, Judge Underhill) (Litigated case through favorable settlement that stopped all manufacture and sales of beer can wraps bearing trademarks and trade dress confusingly similar to PepsiCo's PEPSI and MOUNTAIN DEW marks and trade dress) (Trademark, Trade Dress)
- PepsiCo, Inc. v. Intrastate Distributors, Inc., Case No. 2:2010-cv-11361 (E.D. Mich. 2010, Judge Lawson) (Trademark Infringement)
- PepsiCo, Inc. v. Su Casa Imports, Inc., Case No. 3:2010-cv-00330 (D. Or. 2010, Judge King) (Injunction entered against importation, distribution, and sale of gray market soft drinks) (Trademark Infringement)
- PepsiCo, Inc. v. Southside Food Plaza, Inc., Case No. 1:2010-cv-00354 (E.D.N.Y. 2010, Judge Amon) (Injunction entered against importation, distribution, and sale of gray market soft drinks) (Trademark Infringement)
- PepsiCo, Inc. v. Hatzlacha Supermarket, Inc., Case No. 1:2009-cv-03034 (E.D.N.Y. 2009, Judge Weinstein) (Trademark Infringement)
- PepsiCo, Inc. v. Grande Produce Ltd. Co., Case No. 7:2008-cv-00262 (S.D. Tex. 2009, Judge Hinojosa) (Trademark Infringement)
- PepsiCo, Inc. v. The Coca-Cola Company, Opposition No. 91175219 (TTAB 2009) (Trademark)
- PepsiCo, Inc. v. JT Saniya, Inc., Case No. 2:2009-cv-00751 (C.D. Cal. 2009, Judge Pregerson) (Trademark Infringement)
- PepsiCo, Inc. v. El Norteno's Distributor Corp., Case No. 1:2008-cv-23502 (S.D. Fla. 2009, Judge Martinez) (Trademark Infringement)
- Corr v. Pepsico, Inc., Case No. 05 L 001785 (Cir. Ct. of Cook Cty, Ill., 2009, Judge Goldberg) (Pepsico awarded attorneys fees) (Trademark)
- Georgia-Pacific Consumer Products, LP v. Nextep, Inc. and Samuel L. Paul, Case No. 1:2008-cv-00567 (S.D. Ohio 2009, Judge Barrett) (Unfair Competition)
- Paxar Corporation v. Kap Graphics, Case No. 1:1993-cv-05082 (N.D. Ill. 2009, Judge Bucklo) (Paxar awarded $2 million in damages plus attorneys' fees) (Patents)
- American College of Trial Lawyers v. Givens, John, Case No. D2008-1813 (WIPO 2009) (Internet, E-Commerce and Computer Technology)
- Ford Motor Company v. Safir GT 40 Spares, Limited, Opposition No. 91159033 (TTAB 2009) (Trademark)
- Craftsmen Limousine, Inc. v. Ford Motor Co., 2005 WL 2321662 (W.D. Mo. 2008, Judge Whipple) (JURY TRIAL) (Unfair Competition, Trade Dress)
- Pepsico, Inc. et al v. Irie Motivations, Inc. et al, Case No. 2:2008-cv-02242 (C.D. Cal. 2008, Judge Lew) (Pepsico awarded $168,000 in damages plus attorneys' fees) (Trademark Infringement)
- Robert J. Corr v. PepsiCo, Inc., et al., Case No. 105823 (Il. Sup. Ct. 2008) Case Nos. 06-2251, 07-0004, 07-1277 (Ill Appl. Ct. 1st Dist.) (affirming dismissal of six trademark and fraud claims brought against PepsiCo) (Trademark Infringement)
- Hope Family Vineyards, Pty, Ltd. v. Hope Wine, LLC, Case No. 1:2008-cv-03246 (N.D. Ill. 2008, Judge Lindberg) (preliminary injunction) (Trademark Infringement)
- Ford Motor Company v. Bhuvaneshwari Foundry, Opposition No. AMD-56686 (Trade Marks Registry, Ahmedabad, India, 2008) (Ford trademark held to be a "well known mark in relation to any goods or services," the leading famous mark case in India) (Trademark)
- Northern Trust Co. v. J.P. Morgan Chase, Case No. 1:2008-cv-00297 (N.D. Ill. 2008, Judge Hart) (preliminary injunction) (Trademark Infringement)
- PepsiCo, Inc. v. Los Potros Distribution Center, LLC, 2008 WL 2225752 (D. Ariz. 2008, Judge Campbell) (PepsiCo awarded $95,000 in damages plus attorneys' fees) (Trademark Infringement)
- PepsiCo, Inc. v. #1 Wholesale, LLC, Lime Lite Fashions Inc. and Sahni Enterprises Inc., 84 U.S.P.Q.2d 1040 (N.D. Ga. 2007, Judge Batten) (PepsiCo awarded temporary restraining order, injunction, recall and damages) (Trademark Infringement)
- Ford Motor Co. v. Izachak Levy et al., Case No. 1:2004-cv-08356 (N.D. Ill 2007, Judge St. Eve) (Ford awarded injunction and damages) (Anti-counterfeiting, Trademark Infringement)
- Pepsico, Inc. v. Distribuidora La Matagalpa, Inc., 510 F.Supp.2d 1110 (S.D. Fla. 2007, Judge Moore) (Gray Market Enforcement, Trademark Infringement)
- 300 Below v. Benelli USA Corp. (Beretta), Case No. 2:2006-cv-02056 (C.D. Ill. 2006, Judge McCuskey) (Trademark Infringement)
- Ford Motor Co. v. Money Makers Automotive Surplus, Inc., 2005 WL 2464715 (D. Neb. 2007, Judge Bataillon) (Ford awarded $5 million in damages) (Counterfeiting, Trademark Infringement, Trade Dress Infringement)
- Ford Motor Co. v. Mill Supply, Inc., Case No. 2:2004-cv-71120 (E.D. Mich. 2005, Judge Cleland) (Keyword Advertising) (Trademark, Copyright, False Advertising)
- General Motors Corp. v. Fishcar Ltd, et al, Case no. 1:2001-cv-08296 (N.D. Ill., Judge Shadur) (Trademark Infringement)
- A treatise: Hilliard, Welch & Marvel, Trademarks and Unfair Competition (9th edition, 2019, Lexis Nexis); on-line edition (2019, Lexis Nexis)
- A Law School coursebook: Hilliard, Welch & Widmaier, Trademarks and Unfair Competition (12th edition (2019, Carolina Academic Press))
- Co-Author of "Freedom of Speech" (2019 Lexis Nexis)
- Co-Author of "Trade Dress and the Boundaries of Trademark Protection" (102 pages) (2018 Lexis Nexis)
- "Trademark Registration and Administrative Proceedings" (2017 Lexis Nexis)
- "The Art of Mediation: The Terra Museum War," ABA Landslide Magazine
- "Bose v. Hexawave and the TTAB exceptions to Medinol"
- Trials-A First Class Standard of Firstness, Illinois CLE Course on Trial Practice
- "Global Trademarks and Unfair Competition," 157 pages, Ford Global Summit, Detroit, MI
- "Trademark, Copyright and FTC Issues in E-Commerce, " Northwestern University Corporate Counsel Institute, Chicago, IL and San Francisco, CA
- "The End of an Era: Trademarks and Unfair Competition," Houston Intellectual Property Association and University of Houston Law Center Institute for Intellectual Property & Information Law, Galveston, TX
- "Trademark and Service Mark Protection: Negotiating and Enforcing Licensing Agreements" ACCA Seminar, Chicago, IL
- "Surveys and Expert Witnesses" in Trademark Law Developments, University of Houston Law Center, New Orleans, LA
- "Franchise Termination Litigation: The Precedence of Trademark Law," in Successful Trademark Licensing and Franchising, International Trademark Association
- "The Effective Use of Surveys and Expert Witnesses in Bench and Jury Trials," Oregon Patent Law Association, Portland, OR
- "Fungible Trademarks-Plasticolor v. Ford," Texas Intellectual Property Law Institute, San Antonio, TX; published
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