Jessica A. Ekhoff
''Debuting in the guide this year, Ekhoff was elected to the partnership at the beginning of 2020 in recognition of her exceptional diligence, steady demeanour and innovative thinking. She is one of several rising stars at the firm.''
World Trademark Review (WTR) 1000-2021
''Jessica was unwaveringly committed, professional, human, and upbeat throughout the whole process. Her passion for law is contagious and I learned a lot from her.''
Gabe Klinger
Filmmaker and Director
Jessica specializes in trademark, advertising, and copyright law. Jessica has extensive litigation experience, securing wins for clients before federal district and appellate courts across the country, the Trademark Trial and Appeal Board, the National Advertising Division of the Better Business Bureau, and the National Advertising Review Board. Her cases often involve working with expert witnesses on survey design, including likelihood of confusion, genericness, secondary meaning, and primary significance surveys.
Jessica’s clients hail from a wide range of industries, including food and beverage, health and fitness, fashion, technology, pharmaceutical, automotive, and consumer packaged goods.
Jessica’s recent victories include briefing and arguing a successful appeal in the U.S. Court of Appeals for the Fourth Circuit; obtaining a preliminary injunction – including a product recall – in a trademark infringement case; securing the early dismissal of a design patent and trade dress infringement lawsuit regarding women’s ballet flat shoes; and successfully defending a sports reporter against a breach of contract claim filed by her former manager with the American Arbitration Association.
Complementing her litigation work, Jessica’s practice also includes claim substantiation for digital and print advertising; managing influencers, including preparation of contracts and oversight of influencer programs; product packaging review; drafting contest and sweepstakes rules, including for social media promotions; trademark counseling, clearance, and prosecution; and international trademark portfolio management.
Jessica helped a fitness technology start-up expand their brand into numerous product categories in jurisdictions across the world; manages the fast-growing trademark portfolio of a leading better-for-you food brand, and successfully obtained federal registrations for numerous non-traditional trademarks, including color marks and motion marks.
Outside the office, Jessica is actively involved in the Chicago community. She is a mentor at The University of Chicago’s Polsky Exchange, a startup incubator and resource center for local entrepreneurs. She serves on the Board of Directors and co-chairs the Programming Committee of The Coalition for Women’s Initiatives in Law, where she has planned in-person and virtual events related to business development, performance reviews, communication in intergenerational teams, and financial literacy. Jessica is also on the Associate Board of Lawyers for the Creative Arts, where she works to provide free legal resources to Chicago’s creative community.
On the weekends, you can find Jessica keeping tabs on the international figure skating circuit; listening to a podcast from her ever-growing list of favorites; baking; hitting the links with fellow members of the LPGA Amateur Golf Association; or reading at a neighborhood coffee shop with a vanilla latte in hand.
- Automobiles & Components
- Consumer Durables & Apparel
- Fashion
- Food & Beverage
- Health Care Equipment & Services
- Pharmaceuticals
- Technology Hardware & Equipment
- 2023 World Trademark Review (WTR) 1000 : Ranked Bronze in Illinois for "enforcement and strategy"
- 2023 Illinois Super Lawyers : An Illinois "Rising Star"
- 2022 Illinois Super Lawyers : An Illinois "Rising Star"
- 2021 IP Stars, Managing Intellectual Property : Recognized Nationally and in Illinois as a Notable Practitioner
- 2021 World Trademark Review (WTR) 1000 : “Debuting in the guide this year, Ekhoff was elected to the partnership at the beginning of 2020 in recognition of her exceptional diligence, steady demeanour and innovative thinking. She is one of several rising stars at the firm.”
- 2021 Illinois Super Lawyers : An Illinois "Rising Star"
- 2020 Illinois Super Lawyers : An Illinois “Rising Star”
- 2019 IP Stars, Managing Intellectual Property : An Illinois “Rising Star”
- 2017 Illinois Super Lawyers : An Illinois "Rising Star"
- Ferrara Candy Co. v. Higharchy LLC et al., Case No. 1:21-cv-05757 (N.D. of Illinois) (Trademark Infringement, Trade Dress Infringement, Unfair Competition, and Unjust Enrichment)
- Belmora LLC v. Bayer Consumer Care AG, 987 F.3d 284 (4th Cir. 2021) (in a matter of first impression in the circuit, the Fourth Circuit found that Lanham Act claims are not subject to a statute of limitations, rather, they are governed by the equitable defense of laches, and granted the client’s appeal overruling the district court’s finding to the contrary, as well as upholding the client’s summary judgment victory on all of the plaintiff’s claims)
- Freud America, Inc. v. Milwaukee Electric Tool Corporation, C.A. No. 20-902-RGA (D. Del.) (Trademark)
- Bayer Healthcare LLC v. One California Day Entertainment LLC, Opposition No. 91253852 (TTAB 2020) (Trademark)
- Bayer Healthcare LLC v. AbbVie AB, Opposition No. 91254614 (TTAB 2020) (Trademark)
- Bayer HealthCare LLC v. Facta Health, Inc., Opposition No. 91255452 (TTAB 2020) (Trademark)
- Rothy's, Inc. v. Giesswein Walkwaren AG, Case No. 3:19-cv-03071 (N.D. Cal. 2019, Judge Donato) (all of plaintiff's claims voluntarily dismissed after the filing of a motion to dismiss showing the likely invalidity of the plaintiff's design patents and lack of secondary meaning in the trade dress of plaintiff's products) (Design Patent, Trade Dress)
- J-B Weld Company, LLC (Epoxies, Adhesives and Silicone Sealants), NARB Panel #251 (July 23, 2019) (False Advertising)
- Red Bull GmbH and Red Bull North America, Inc. v. Quality Wholesale Distributors LLC, Case No. 2:18-cv-12831-CC (D.N.J. 2019, Judge Cecchi) (Gray Market Goods, Trademark Infringement, Unfair Competition)
- Red Bull GmbH and Red Bull North America, Inc. v. Kearny Beverage, Inc., Case No. 2:19-cv-15390-KM (D.N.J. 2019, Judge Arleo) (Gray Market Goods, Trademark Infringement, Unfair Competition)
- Bayer Healthcare LLC v. Medu Scientific Ltd., Opposition No. 91246881 (TTAB 2019) (Trademark)
- Red Bull GmbH and Red Bull North America, Inc. v. Gotham Wholesale Corp., Case No. 2:19-cv-13503-KM (D.N.J. 2019, Judge McNulty) (Gray Market Goods, Trademark Infringement, Unfair Competition)
- Teoxane SA v. Starskin Beauty Group AG, Opp. No. 91243168 (TTAB 2019) (opposer withdrew opposition) (Trademark)
- Koninklijke Philips N.V v. Bayer Healthcare LLC, Opposition No. 91229906 (TTAB 2019) (Trademark)
- Bayer Healthcare LLC v. Koninklijke Philips N.V., Opposition No. 92057738 (TTAB 2019) (Trademark)
- Bayer Healthcare LLC v. Alivio Products, Inc., Opposition No. 92068702 (TTAB 2019) (Trademark)
- Bayer Healthcare LLC v. Hal Bell and Henry Vargas, Opposition No. 91244563 (TTAB 2019) (Trademark)
- Bayer Intellectual Property GmbH v. Cosmoflo, Opposition No. 91244663 (TTAB 2018) (Trademark)
- J-B Weld Company, LLC (Epoxies, Adhesives and Silicone Sealants), Report #6230, NAD/CARU Case Reports (Dec. 2018) (False Advertising)
- Red Bull GmbH and Red Bull North America, Inc. v. The Trading Group Inc., Case No. 1:18-cv-03764-LGS (S.D.N.Y. 2018, Judge Schofield (Gray Market Goods, Trademark Infringement, Unfair Competition)
- Red Bull GmbH and Red Bull North America, Inc. v. Capitol Cash & Carry, Case No. 1:18-cv-01003-PLF (D.D.C. 2018, Judge Friedman) (Gray Market Goods, Trademark Infringement, Unfair Competition)
- Stacey Vetter, et al. v. Christine McAtee, et al., No. 15-20575 (5th Cir. March 1, 2017) (Trademark)
- Caterpillar Inc. v. Eurotherm Limited, Opposition No. 91232495 (TTAB 2017) (Trademark)
- Azenga, Inc. and Rick Rosenthal v. Double Play Films, LLC and Gabriel Klinger, Case No. 16-L-942 (Ill. Cir. Ct. 2016, Judge Tailor) (settlement resolving dispute with former business partner and allowing client to maintain all rights in film) (Breach of Contract, Copyright)
- Simplified Foods LLC v. Gordon et al., Case No. 1:16-cv-00595 (N.D. Ill. 2016, Judge Aspen) (Trademark)
- The Sherwin-Williams Company v. The Wooster Brush Company, Case No. 5:12-cv-03052-JRA (N.D. Ohio 2015, Judge Adams) (granting The Sherwin-Williams Company's motion for partial summary judgment, in part, and denying defendant's motion for summary judgment in its entirety) (Trade Dress, Unfair Competition)
- CNH Industrial America LLC v. Terry Burkart, Case No. D2015-1683 (WIPO 2015) (caseih.parts and newholland.parts ordered transferred to complainant) (Domain Name)
- Booz Allen Hamilton Inc. v. INTDOMAIN/APEXED, Case No. D2015-1413 (WIPO 2015) (booz-allen.org ordered transferred to complainant) (Domain Name)
- Booz Allen Hamilton Inc. v. Andrea Dini, Case No. D2015-1626 (WIPO 2015) (booz-allen.net ordered transferred to complainant) (Domain Name)
- Booz Allen Hamilton Inc. v. Groupfield Limited, Case No. D2015-1614 (WIPO 2015) (booz-allen.biz ordered transferred to complainant) (Domain Name)
- Booz Allen Hamilton Inc. v. Leftfielddomains.com, Case No. D2015-1414 (WIPO 2015) (boozallenclassic.com transferred to complainant) (Domain Name)
- Booz Allen Hamilton Inc. v. Hongjie Shi, Case No. D2015-1009 (WIPO 2015) (boozallen.asia ordered transferred to complainant) (Domain Name)
- CNH Industrial Inc. v. Steve Brim, Case No D2015-1188 (WIPO 2015) (newhollandtractor.parts ordered transferred to complainant) (Domain Name)
- Eli Lilly and Company v. Graham Nelson and Zoja Pty Ltd. d/b/a Pet Supply International Ltd. and Pet Products, Case No. 1:13-cv-1800 JMS-DML (S.D. Indiana, Judge Magnus-Stinson) (Trademark Infringement, Trade Dress Infringement, False Advertising)
- Booz Allen Hamilton Inc. v. Fabrizio Benassi, Case No. FA1410001587850 (Nat'l Arb. Forum, 2014) (boozallen.services, name suspended per complaint) (Domain Name, URS Proceeding)
- Robert Bosch GmbH v. Brands Environment Establishment, Opposition No. 91211110 (TTAB 2013) (Trademark)
- Booz Allen Hamilton Inc. v. DP Consulting, Int'l, Case No. D2012-1204 (WIPO 2013) (Domain Name)
- Robert Bosch GmbH v. Brands Environment Establishment, Opposition No. 91209003 (TTAB 2013) (Trademark)
- Booz Allen Hamilton Inc. v. Jo Han, Case No. D2013-1206 (WIPO 2013) (Typosquatting)
- Booz Allen Hamilton Inc. v. PrivacyProtect.org/ICS Inc., Case No. D2013-0740 (WIPO 2013) (Typosquatting)
- Hispanic National Bar Association : Member- (2022-present)
- CHIEF : Member (2021-present)
- The Coalition of Women’s Initiatives in Law : Board of Directors (2021-present); Co-Chair of Programming Committee (2020-2021); Associate Steering Committee (2014-2019)
- The Polsky Exchange at the University of Chicago : Start-Up Mentor (2016-present)
- Chicago Bar Association Intellectual Property Committee : Chair (2016-2017); Co Vice-Chair (2015-2016); Member (2012-Present)
- Intellectual Property Law Association of Chicago : Member (2012-present)
- Lawyers for the Creative Arts : Associate Board (2015-2022)
- University of Chicago Alumni Club of Chicago : Board of Directors (2018-2019)
- Chicago Bar Foundation : Young Professionals Board (2014-2016)
- International Trademark Association : International Amicus Committee (2014-2015)
- “TTAB Fireside Chat,” Moderator, IPLAC Annual IP Symposium (December 2021)
- "Trademark Basics for New Attorneys," Chicago Bar Association (October 2019)
- "Bridging the Generation Gap in the Workpace," Panelist, The Coalition of Women's Initiatives in Law, Chicago, IL (July 2019)
- "All's Clear- Or Is It? Titles, Character Names, Set Design, and Other Clearance Issues for Authors and Filmmakers," The Science Fiction & Fantasy Writers of America 50th Anniversary Nebula Conference, Chicago, IL (May 2016)
- "The Dos & Don'ts of Self-Evaluations," Moderator, The Coalition of Women's Initiatives in Law, Chicago, IL (October 2015)
- "Intellectual Property Law Basics for Non-IP Attorneys," Moderator, Chicago Bar Association CLE Seminar, Chicago, IL (October 2015)
- "Advertising in the Food Industry: How to Avoid Getting into Hot Water," Good Food Business Accelerator at 1871, Chicago, IL (April 2015)
- "Gray Market Goods," Guest Speaker, IIT Chicago-Kent College of Law Trademarks Class, Chicago, IL (March 2015)
- "What is a Trademark and Why Should I Care?", International Trademark Association Unreal Campaign, Chicago, IL (October 2013)
- "How to Conduct a Trademark Search," Northwestern University School of Law's 8th Annual Entrepreneurship Law Center Conference, Chicago, IL (April 2013)
- "Careers in Intellectual Property Law," Panelist, University of Chicago Law School, Chicago. IL (October 2012)
- U.S. Supreme Court
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. District Court for the Northern District of Illinois
- Supreme Court of Illinois