David Craig Hilliard

Licensed for 55 years

Attorney in Chicago, IL

Practice Area: Intellectual Property, Intellectual Property Litigation, Trademarks 3 more areas of practice + 3 more

AV Preeminent
AV Preeminent

Areas of Law

  • Intellectual Property
  • Intellectual Property Litigation
  • Trademarks
  • Unfair Competition
  • Copyrights
  • Domain Name Dispute Resolution


Admission Details
Admitted in 1962, Illinois
Law School Attended
University of Chicago
University Attended
Tufts University
Bar Fellowship
of the American College of Trial Lawyers.

He has written and co-authored dozens of publications, including a treatise, Hilliard, Welch & Marvel, TRADEMARKS AND UNFAIR COMPETITION (6th ed. 2013), 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.

He served as a Lecturer on Advanced Trademark and Unfair Competition Law at the University of Chicago Law School from 1998-2012 and Adjunct Professor at Northwestern University School of Law from 1980-2010. See An Economic Analysis of Brands. His law school text book, Hilliard, Welch & Widmaier, TRADEMARKS AND UNFAIR COMPETITION (9th edition, 2012), was cited and quoted by the United States Supreme Court ( Moseley v. Victoria's Secret, 2003), and is used in over fifty law school courses nationally.

As a CPR/INTA-certified mediator and arbitrator, David handles many high-profile cases. 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 hundreds of thousands of dollars to reach." 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, July/August 2011.

David often serves as an expert witness in major litigation for clients like Chrysler, General Motors, The Hoover Company, Blue Shield of California and 3M Company. He was an expert for the Internal Revenue Service in a case involving Nestle's evaluation of the assets of the Carnation Company, which it had acquired. "My analysis focused on Carnation's records which tracked the strengths and weaknesses of the many transferred brands and won a very favorable settlement for the Internal Revenue Service," David explains.

He was the founding Chair of the Young Lawyers Section of the Chicago Bar Association (see " A Cause for Celebration "). The Association established the David C. Hilliard Award in his honor, which is given annually to the organization's outstanding Committee Chair. The Chicago Bar Foundation awarded him the Maurice Weigle Award for Outstanding Service to the Legal Profession, and in 2011, the Young Lawyers Section named him an "Honorary Young Lawyer in Perpetuity."

In Fall, 2011, David also received three other awards: 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"; and the American College of Trial Lawyers Award to Pattishall, McAuliffe, Newbury, Hilliard and Geraldson LLP for "Representing the College with Honor and Distinction" in litigation. This Award was presented to David and Ashly Iacullo Boesche, as lead counsel for the College, during the College's 2011 Annual Meeting in La Quinta, California.

In 2013, Best Lawyers honored David as the Chicago Trademark Law "Lawyer of the Year."

What has he learned from his years of practice and community service? "Patience," he says.

Industry Expertise

· Software & Services

· Automobiles & Components

· Banks

· Food, Beverage & Tobacco

· Hotels, Restaurants & Leisure

· Household & Personal Products

· Insurance

· Health Care Equipment & Services

· Media

· Pharmaceuticals & Biotechnology

· Technology Hardware & Equipment

· Consumer Durables & Apparel

· Real Estate

· Retailing

· Transportation

· Energy

Honors & Awards

· 2013 Thompson Reuters: Recognized for the seventh consecutive year as one of the Top 100 Illinois Super Lawyers

· 2013 US News and World Report: Recognized David as a First Tier lawyer for Intellectual Property Litigation and Trademark Law

· 2013 Best Lawyers: Honored David as the Chicago Trademark Law "Lawyer of the Year"

· 2013 American Lawyer Media and Martindale-Hubbell: Selected as a 2013 Top Rated Lawyer in Intellectual Property

· 2013 Martindale-Hubbell Bar Register: AV® Rated Preeminent Lawyer

· 2013 The International Who's Who of Business Lawyers: Recognized

· 2013 CPR-INTA Distinguished Panel of ADR Neutrals: Member since 1992

· 2013 American Bar Foundation: Life Fellow

· 2013 American College of Trial Lawyers: Fellow

· 2012 Best Lawyers in United States, 19th Edition: One of of Best Lawyers in United States in the practice areas of Litigation-Intellectual Property and Trademark Law

· 2012 Chambers USA-The Client's Guide: "David Hilliard is a trial lawyer with extensive experience in matters ranging from anticounterfeiting to false advertising to brand protection."

· 2012 Leading Lawyers Magazine, Business Edition: A "Leading Lawyer" in Intellectual Property

· 2012 The Legal 500 United States: Recommended for his experience in anti-counterfeiting and trade dress disputes.

· 2012 The International Who's Who of Trademark Lawyers 2012: One of the world's leading Trademark lawyers

· 2012 Marquis Who's Who in America: Recognized

· 2011 The Chicago Bar Association and The Chicago Bar Foundation: David C. Hilliard received the Justice John Paul Stevens Award "for extraordinary integrity and service to the community throughout his career."

· 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 lead 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 Best Lawyers in America: A "Best Lawyer in America" since its inception in 1987

· 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"

· 2010 Chambers USA-The Client's Guide: David Hilliard is "a great statesman with considerable authority."

· 2010 The Legal 500 United States: "David Hilliard represented PepsiCo in 2009 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"

· 2010 The International Who's Who of Trademark Lawyers 2010: One of the world's leading Trademark lawyers: "The 'distinguished' David Hilliard has represented Sun Life, Ford and Pepsi."

· 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 Who's Who Legal Illinois: Recognized in 2008 as "the eminence grise of Illinois trademarks, David Hilliard is involved in numerous 'bet-the-company' cases, he has represented clients including Encyclopedia Britannica, BASF and the American Medical Association."

· 2007 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."


· 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)

· Simon Property Group, L.P. v. mySimon, Inc., 282 F.3d 986 (7th Cir. 2002, Judges Flaum, Bauer and Evans) (Trademark Infringement)

· John Zink Co. v. Zink, 241 F.3d 1256 (10th Cir. 2001, Judge Briscoe) (affirming award of attorneys' fees to John Zink Co.) (Trademark Infringement)

· FASA Corp. v. Playmates Toys Inc., 108 F.3d 140 (7th Cir. 1997, Judge Wood) (Copyright Infringement)

· H&R Block v. Ray L. Newlin, et al., Case No. 97-3349 (7th Cir. 1997) (Unfair Competition)

· SunAmerica Corp. v. Sun Life Assurance Co. of Canada, 77 F.3d 1325 (11th Cir. 1996, Judges Carnes), 117 S.Ct. 79 (U.S. Sup. Ct., cert. denied 1996) (Trademark Infringement)

· Libman Co. v. Vining Industries Inc., 69 F.3d 1360 (7th Cir. 1995, Judges Posner, Bauer and Coffee) (Trade Dress)

· Thomas & Betts Corp. v. Panduit Corp., 65 F.3d 654 (7th Cir. 1995, Judges Cummings, Rovner and Bauer) (Trade Dress, Patents)

· Shelby v. Ford Motor Co., Case Nos. 93-56280 and 93-56285 (9th Cir. 1995, Judges Wallace, Hug and Hawkins) (Unfair Competition)

· Ford Motor Co. v. Cook, 53 F.3d 333 (7th Cir. 1995, Judges Easterbrook, Ripple and Rovner) (Deceptive Trade)

· Gilbert/Robinson Inc. v. Carrie Beverage-Missouri Inc., 989 F.2d 985 (8th Cir. 1993, Judge Loken) (Unfair Competition)

· SunAmerica Corp. v. Sun Life Assurance Co. of Canada, 24 U.S.P.Q.2d 1505 (11th Cir. 1992, Judges Hill, Eschbach and Birch) (Trademark Infringement)

· Schiller and Schmidt Inc. v. Nordisco Corp., 969 F.2d 410 (7th Cir. 1992, Judge Posner) (Copyright Infringement)

· Galaxy Chemical Co. v. BASF, 968 F.2d 1218 (7th Cir. 1992, Judges Coffee, Kanne and Esbach) (Unfair Competition)

· The Scotch Whisky Association v. Majestic Distilling Co. Inc., 958 F.2d 594 (4th Cir. 1992, Judge Sprouse) (Unfair Competition)

· The Scotch Whisky Association v. United States Distilled Products Co., 952 F.2d 1317 (Fed. Cir. 1991, Judge Rich) (Unfair Competition)

· Ford Motor Co. v. Summit Motor Products, Inc., 930 F.2d 277 (3d Cir. 1991, Judges Cowen, Alito and Garth), 112 S.Ct. 373 (U.S. Sup. Ct., cert. denied 1991) (Copyright Infringement)

Trials & Litigation

· 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)

· Shield Technologies Corp. v. Paradigm Positioning, et al., Case No. 1:11-cv-06183 (N.D. Ill. 2011, Judge Grady) (Breach of Contract, Trade Secret, Civil Conspiracy, Fraud)

· 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)

· Dyson, Inc. v. Bissell Home Care, Inc., 1:2010-cv-08126 (N.D. Ill., 2010, Judge Der-Yeghiayan (False Advertising)

· BP P.L.C. v. Outcome Sciences, Inc., Opp. No. 91193127 (TTAB, Nov. 12, 2010) (Trademark Opposition - Logo)

· PepsiCo, Inc. v. Southside Food Plaza, Inc., Case No. 1:2010cv00354 (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. 1:2009cv03034 (E.D.N.Y. 2009, Judge Weinstein) (Trademark Infringement)

· PepsiCo, Inc. v. Grande Produce Ltd. Co., Case No. 7:2008cv00262 (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. 2:2009cv00751 (C.D. Cal. 2009, Judge Pregerson) (Trademark Infringement)

· PepsiCo, Inc. v. El Norteno's Distributor Corp., Case No. 1:2008cv23502 (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)

· Monarch Marking Systems (now Paxar Corporation) v. Kap Graphics, Case No. 1:1993cv05082 (N.D. Ill. 2009, Judge Bucklo) (Paxar awarded $2 million in damages plus attorneys' fees) (General)

· 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 Infringement)

· Pepsico, Inc. et al v. Irie Motivations, Inc. et al, Case No. 2:2008cv02242 (C.D. Cal. 2008, Judge Lew) (Pepsico awarded $168,000 in damages plus attorneys' fees) (Trademark Infringement)

· Hope Family Vineyards, Pty, Ltd. v. Hope Wine, LLC, Case No. 1:2008cv03246 (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" in India) (Trademark)

· Northern Trust Co. v. J.P. Morgan Chase, Case No. 1:2008cv00297 (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 and 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. 1:2004cv08356 (N.D. Ill 2007, Judge St. Eve) (Ford awarded injunction and damages) (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. 2:2006cv02056 (C.D. Ill. 2006, Judge McCuskey) (Trademark Infringement)

· Ford Motor Co. v. Money Makers Automotive Surplus, Inc., 2005 WL 2464715 (D. Neb. 2005, Judge Bataillon) (Ford awarded $5 million in damages) (Counterfeiting, Trademark Infringement, Trade Dress Infringement)

· Craftsmen Limousine, Inc. v. Ford Motor Co., 2005 WL 2321662 (W.D. Mo. 2005, Judge Whipple) (JURY TRIAL ) (Unfair Competition, Trade Dress)

· Ford Motor Co. v. Mill Supply, Inc., Case No. 2:2004cv71120 (E.D. Mich. 2005, Judge Cleland) (Keyword Advertising) (Trademark, Copyright, False Advertising)

· Medline Industries, Inc. v. Medline Rx Financial, LLC, 218 F.R.D. 170 (N.D. Ill. 2003, Judge Castillo) (Internet, E-Commerce and Computer Technology)

· March Madness Athletic Ass'n, L.L.C. v. Netfire, Inc., 310 F.Supp.2d 786 (N.D. Tex 2003, Judge Buchmeyer) (Trademark Infringement)

· PepsiCo, Inc. v. California Security Cans, 238 F.Supp.2d 1172 (C.D. Cal. 2002, Judge Manella) (PepsiCo awarded permanent injunction and $250,000 in liquidated damages) (Trademark Infringement, Trade Dress Infringement)

· PepsiCo, Inc. v. Plank, 2002 U.S. Dist. Lexis 14378 (C.D. Cal. 2002, Judge Manella) (PepsiCo awarded temporary restraining order, injunction and $40,000 in damages) (Counterfeiting, Trademark Infringement, Trade Dress Infringement)

· Ford Motor Co. v. A.C. Car Group Ltd., 62 U.S.P.Q.2d 1701 (E.D. Mich. 2002, Judge Roberts) (Copyright Infringement)

· Ford Motor Co. v. Factory Five Racing, Inc., 2002 WL 32155850 (D. Mass. 2002, Judge Zobel) (Trade Dress Infringement)

· General Motors Corp. v. Fishcar Ltd, et al, Case no. 1:2001-cv-08296 (N.D. Ill., Judge Shadur) (Trademark Infringement)

· Monarch Marking Systems, Inc. v. Independent Machine Service of Minnesota, Inc., Case No. 3:2001cv00181 (S.D. Ohio 2001, Judge Rice) (JURY TRIAL) (Monarch awarded $3.35 million) (Unfair Competition, Patents)

· Ford Motor Co. v. Cattco Marketing et al., Case No. 2:2000cv04672 (E.D. Pa. 2001) (final judgment in favor of Ford Motor Co.) (Trademark Infringement)

· Ford Plantation, LLC v. Black ( Ford Motor Co. , Third Party Plaintiff), 205 F.R.D. 698 (S.D. Ga. 2000, Judge Edenfield) (Unfair Competition)

· American Medical Association v. American Suzuki Motor Corp., Case No. 2:1999cv13205 (C.D. Cal. 2000, Judge Manella) (Copyright Infringement)

· Ford Motor Co. v. Ford Financial Solutions Inc., 55 U.S.P.Q.2d 1217 (N.D. Iowa 2000, Judge McManus) (Trademark Infringement)

· PepsiCo, Inc. v. Ortiz Mexi-Products, Inc., 2000 U.S. Dist. Lexis 1657 (N.D. Ill. 2000, Judges Keys and Manning) (PepsiCo awarded $37,000 in attorneys' fees) (Trademark Infringement)

· Encyclopaedia Britannica, Inc. v. Britannica Home Fashions, Inc., Case No. 1:1998cv05689 (S.D.N.Y. 1999, Judge Patterson) (Internet, E-Commerce and Computer Technology)

· PepsiCo, Inc. v. Triunfo-Mex, Inc., 189 F.R.D. 431 (C.D. Cal. 1999, Judge Paez) (PepsiCo awarded $60,000 in damages and attorneys' fees) (Trademark Infringement)

· S Industries, Inc. v. Diamond Multimedia Systems, Inc., 17 F.Supp.2d 775 (N.D. Ill. 1998, Judge Anderson) (Internet, E-Commerce and Computer Technology)

· Sun Life Assurance Co. of Canada v. SunAmerica Inc., 45 U.S.P.Q.2d 1621 (N.D. Ga. 1997, Judge Camp) (Trademark Infringement); see also 890 F.Supp. 1559 (N.D. Ga. 1994, Judge Camp) (Summary Judgment, Trademark Infringement)

· Thomas & Betts Corp. v. Panduit Corp., 172 F.R.D. 379, 940 F.Supp. 1337 and 935 F.Supp. 1399 (N.D. Ill. 1997 and 1996, Judge Denlow) (summary judgment) (Trade Dress, Patents)

· H&R Block v. Ray L. Newlin, et al., 1996 WL 914126 (N.D. Ind. 1996, Judge Rodovich) (Unfair Competition)

· Grupo Gamesa S.A. De C.V. v. Dulceria El Molino Inc., 39 U.S.P.Q.2d 1531 (C.D. Cal. 1996, Judge Rafeedie) (Trademark Infringement)

· Monarch Marking Systems Inc. v. Elan Systems Inc., 39 U.S.P.Q.2d 1032 (TTAB 1996, Rice, Seeherman and Hanak) (Trademark)

· Nelson/Weather-Rite Inc. v. Leatherman Tool Group Inc., 40 U.S.P.Q.2d 1239 (N.D. Ill. 1995, Judge Coar) (summary judgment) (Trade Dress)

· Nabisco Inc. v. Wm. Wrigley Jr. Co., 40 U.S.P.Q.2d 1251 (TTAB 1995, Simms, Cissel and Seeherman) (Trademark Infringement)

· Jaguar Cars Ltd. v. National Football League, 886 F.Supp. 335 (S.D.N.Y. 1995, Judge Sotomayor) (Unfair Competition)

· FASA Corp. v. Playmates Toys Inc., 869 F.Supp. 1334 (N.D. Ill. 1994, Judge Castillo) (Trade Dress)

· Ford Motor Co. v. Summit Motor Products, Inc. and Altran, Inc., Case No. 2:1984cv01978 (D. N.J. 1993, Judge Politan) (JURY TRIAL) (Copyright Infringement)

· Dr. Pepper Bottling Co. of Texas v. Del Monte Corp., 26 U.S.P.Q.2d 1141 and 25 U.S.P.Q.2d 1217 (N.D. Tex. 1993 and 1992, Judge Fitzwater) (JURY TRIAL ) (Licensing)

· Ford Motor Co. v. Keystone Automotive Industries, 23 U.S.P.Q.2d 1478 (E.D. Mich. 1992, Judge Kohn) (Ford awarded $1.8 million) (Copyright Infringement)

· Galaxy Chemical Co. Inc. v. BASF Corp., 20 U.S.P.Q.2d 1555 (N.D. Ill. 1991, Judge Holderman) (JURY TRIAL) (Unfair Competition)

· Schiller and Schmidt Inc. v. Wallace Computer Services Inc., 19 U.S.P.Q.2d 1942 (N.D. Ill. 1991, Judge Leinenweber) (Copyright Infringement)

· Plasticolor Molded Products Inc. v. Ford Motor Co., 767 F.Supp. 1036 (C.D. Cal. 1991, Judge Kozinski) (Trademark Infringement)

· Gilbert/Robinson Inc. v. Carrie Beverage-Missouri Inc., 758 F.Supp. 512 (E.D. Mo. 1991, Judge Limbaugh) (JURY TRIAL) (Unfair Competition)

· Ford Motor Company v. GMB Universal Joints, Case No. C578949 (C.D. Cal. 1991, Judge Hauck) (JURY TRIAL) (Ford awarded $1.25 million) (Copyright Infringement)

· Ford Motor Co. v. Summit Motor Products, Inc. and Altran, Inc., Case No. 2:1984cv01978 (D. N.J. 1990, Judge Politan) (JURY TRIAL) (Copyright, Trademark Infringement)

· Frito-Lay, Inc. v. The Bachman Company, Case No. 83-CIV-4484 (S.D.N.Y. 1990, Judge Cedarbaum) (Copyright Infringement)

· Ford Motor Co. v. Kuan Tong Industrial Co., Ltd., 697 F.Supp. 1108 (N.D. Cal. 1990, Judge Williams) (preliminary injunction; Ford awarded treble damages and attorneys' fees of $2.964 million) (Trademark)


· Talon International, Inc. v. Adidas America, Inc., Case No. 2:12-cv-02572 (C.D. Cal. 2013, 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, 2011) (Trademark Infringement, Breach of Contract)

· J. P. Cooke v. Schwabb (Dist. Neb., 2010) (Cybersquatting, Keyword Infringement)

· Schwabb v. J. P. Cooke (E.D. Wisc., 2010) (Trade Libel, Disparagement)

· University Healthsystem Consortium v. Northshore University HealthSystem, Case No. 1:2009cv05000 (N.D. Ill. 2009, Judge Bucklo) (Trademark Infringement)

· SPSS, Inc. v. Nie et al., Case No. 1:08-CV-00066 (N.D. Ill. 2009, Judge Darrah) (Contracts, Licensing)

· 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. 2001, Judge Bucklo); 348 Ill. App. 3d 875 (2004) (Trustee Mismanagement)

· Pittsburgh Home and Garden Show, Inc. v. Scripps Networks, Inc. and The E.W. Scripps Company (HGTV), Case No. 2:03-cv-01477 (W.D. Penn., Judge Fischer) (Unfair Competition)

· Imagetec LP v. Imagistics Int'l Inc., Case No. 1:02-cv-07148 (N.D. Ill., Judge Hibbler) (Trademark Infringement)

· W.R. Meadows, Inc. v. U.S.E. Hickson Products, Ltd., Case No. 00 C 1116 (N.D. Ill., Judge Moran) (Copyright Infringement)

· Kerr Corporation v. Castaldo Products Mfg. Co., Inc., Case No. LACV 99-2392-DT (MANx) (C.D. Cal., Judge Tevrizian) (Unfair Competition)

· La Preferida, Inc. v. Sun Garden Gangi Canning Company, Case No. 99 C 5730 (N.D. Ill., Judge Manning) (Copyright Infringement)

· CNB Banchares Inc. v. Citizens Bank, Illinois, NA, Case No. 1:1998-cv-08120 (N.D. Ill., Judge Lindberg) (Unfair Competition)

· Moen Inc. v. Sisco, Inc, Case No. 1:98-cv-07947 (N.D. Ill., Judge Moran) (Trade Dress)

· Atek Corporation v. Foremost Machinery, Case No. 1:1997cv07266 (N.D. Ill., Judge Levin) (Unfair Competition)

· Tailgators, Inc. v. 2263 North Lincoln Corp., Case No. 1:1997cv02196 (N.D. Ill., Judge Gottschall) (Unfair Competition)

· ArcVentures, LLC v. Affiliated Research Centers, Inc., Case No. 97 C 5537 (N.D. Ill., Judge Holderman) (General)

· Medic Alert Foundation United States, Inc. v. Corel Corporation, Case No. 1:1997cv02521 (N.D. Ill., Judge Zagel) (Trade Dress)

· Navistar International Transportation Corp. v. Freightliner Corp. and American LaFrance Corp., Case No. 96 C 6922 (N.D. Ill., Judge Grady) (Unfair Competition)

· Planet Hollywood (Region IV), Inc., et al. v. Hollywood Casino Corp., et al., Case No. 96-C-4660 (N.D. Ill., Judge Lindberg) (Trade Dress)

· ESCO Corporation v. The Frog, Switch & Manufacturing Co., Inc., Case No. 1:CV-95-1153 (M.D. Penn., Judge Rambo) (Trade Dress)

· Publications International, Ltd. v. LeapFrog Enterprises, Inc., Case No. 91 C 3876 (N.D. Ill., Judge Gettleman) (Copyright Infringement)

Expert Witness

· Select Comfort Corporation v. The Sleep Better Store, LLC, Case No. 0:11-cv-00621 (D. Minn. 2013, Judge Ericksen) (Genericness)

· Spin Master, Ltd., et al., v. Zobmondo Entertainment, LLC v. Howard & Howard , et al., Case No. CV06-3456 ABC(JTLx) consolidated with CV07-0471 ABC(JTLx) (C.D. Calif. 2012, Judge Collins) (Insurance, Malpractice)

· Chrysler Group LLC v. Moda Group, LLC, et al., Case No. 2:11-CV-11074 (E.D. Michigan, 2012, Judge Tarnow) (Trademark, Unfair Competition)

· AcademyOne, Inc. v. CollegeSource, Inc., Case No. 2:2008cv05707 (E.D. Penn. 2009, 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. 2009, Judge Kendall) (Trade Dress, Patents)

· 3M Company v. Vita Zahnfabrik H. Rauter GmbH & Co., KG and Vident, Inc., Case No. 0:2006cv04564 (D. Minn. 2008, Judge Doty) (Trademark Infringement, USPTO)

· California Physician's Service, d/b/a Blue Shield of California v. Blue Cross Blue Shield Association (California Arbitration, 2007) (Advertising)

· Klein-Becker, USA, LLC v. Allergan, Inc., Case No. 2:2003cv00514 (D. Utah 2007, Judge Benson) (Unfair Competition, Genericness)

· Vital Pharmaceuticals, Inc. (VPX Sports) v. American Body Building Products, LLC, Case No. 0:2006cv60633 (S.D. Fla. 2007, Judge Middlebrooks) (Malpractice)

· Powerhouse Marks, L.L.C. and Powerhouse Licensing, L.L.C. v. Chi Hsin Impex, Inc., Case No. 2:2004cv73923 (E.D. Mich. 2006, Judge Duggan) (Unfair Competition)

· Douglas Press, Inc. v. Kaplan, 207 Ill. 2d 599 (Circuit Court of Cook County, Illinois 2004) (JURY TRIAL ) (Malpractice, Insurance)

· General Motors Corporation v. Avanti Motors, Case No. 5:2003cv60034 (E.D. Mich. 2003, Judge Battani) (Trade Dress, Surveys)

· Nestlé Holdings, Inc. v. Commissioner of Internal Revenue Service, Docket No. 021562-90 (U.S. Tax Court 2000) (Trademark Valuation)

· Breuer Electric Mfg. Co. (d/b/a Breuer/Tornado Corporation) v. The Hoover Company, 1998 U.S. Dist. LEXIS 11613 (N.D. Ill. 1998, Judge Gottschall) (JURY TRIAL) (Trade Dress)

· Direct Action Corporation v. Lewis R. Hicks, an individual d/b/a SAFTA, Case No. 3:1996cv00605 (S.D. Cal. 1996, Judge Huff) (General)

· Soloflex v. Nordic Track, Inc., Case No. 3:1993cv00545 (D. Ore. 1994, Judge Jelderks) (Trade Dress)

Professional Activities

· University of Chicago Law School: Lecturer in Law on " Advanced Trademarks and Unfair Competition " 1998-2012

· Northwestern University School of Law: Adjunct Professor of Intellectual Property Law 1980-2010

· Northwestern University annual Symposium on Intellectual Property Law and the Corporate Client: Chair 1985-2005

· Chicago Bar Association: Former President

· Lawyers Trust Fund of Illinois: Former President

· Legal Club of Chicago: Former President

· Visiting Committee of the University of Chicago Law School: Former Chair

· Chicago Bar Record: Former Editor-in-Chief

· Young Lawyers Section of the Chicago Bar Association: Founding Chair

· International Trademark Association: Former Director

· American College of Trial Lawyers: Courageous Advocacy Committee, Former Chair

· ABA Intellectual Property Law Section: Former Trademark Division Chair; Former Member of Council

· Newberry Library: Trustee and Vice-Chair

· Art Institute of Chicago: Trustee; Former Vice-Chair; Former Chair of the Board of Governors of the School; Former President, Auxiliary Board; Former Chair, Sustaining Fellows and Exhibitions Committee; Chair, Ryerson and Burnham Libraries; Founding Chair, Department of Architecture and Design; awarded Benefactor of Architecture Medal

· Wayfarers Club: Former President

· US Navy: Former Judge Advocate under Admiral John S. McCain


· Co-Author of a treatise: Hilliard, Welch & Marvel, Trademarks and Unfair Competition (6th edition, 2013, Lexis Nexis); on-line edition (2013, Lexis Nexis).

· Co-author of "Trademark Law and the Internet" (2013 Lexis Nexis)

· Co-Author of more than a dozen Law School coursebooks, including: Trademarks, Trade Identity and Unfair Trade Practices; Unfair Competition and Unfair Trade Practices; Trademarks;Hilliard, Welch & Widmaier, Trademarks and Unfair Competition (9th edition, 2012, Lexis Nexis); Supplement to 9th edition and Teachers Manual (2012, Lexis Nexis).

· Co-Author of Hilliard, Welch and Widmaier Lexis Analysis, "Trade Dress and the Boundaries of Trademark Protection" (102 pages) (2012)

· "The Art of Mediation: The Terra Museum War," ABA Landslide Magazine (July/August, 2011)

· "A Cause for Celebration," the 40th Anniversary of the Young Lawyers Section of the Chicago Bar Association (the CBA Record, May 2011)

· Co-Author of LexisNexis analysis of " Product Design and Other Trade Dress" (2011).

· An Economic Analysis of Brands (White Paper, 2010)

· Co-Author of Lexis Nexis Emerging Issues Analysis on Bose v. Hexawave and the TTAB exceptions to Medinol, 2009.

· Trials-A First Class Standard of Firstness, Illinois CLE Course on Trial Practice, 2009.

· The 125th Anniversary of Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP, Pattishall Newsletter (April 2008)

· " Global Trademarks and Unfair Competition," 157 pages, Ford Global Summit, Detroit, MI, 2006.

· " Trial by Jury: Opening Statements and Closing Arguments." Chicago, IL 2005.

· "Investigations in Intellectual Property Litigation," IPSA International, Chicago, IL, 2004.

· "Intellectual Property Implications of the Human Genome Project, Discussant, Washington University School of Law and School of Medicine, St. Louis, MO, 2002.

· " An Economic Analysis of Arbitrary, Suggestive and Descriptive Marks," Lexis Nexis Advanced Trademark Strategies, Chicago, IL, 2002.

· " Trademark, Copyright and FTC Issues in E-Commerce, " Northwestern University Corporate Counsel Institute, Chicago, IL, 2000, and San Francisco, CA, 2001.

· " 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, 2000.

· " The Trademark Law Implications of College Savings v. Florida Prepaid," News Source, John Marshall Law School Center for Intellectual Property, Vol I, No. 2, Fall 1999.

· " Trademark and Service Mark Protection: Negotiating and Enforcing Licensing Agreements " ACCA Seminar, Chicago, IL, 1997.

· " Surveys and Expert Witnesses " in Trademark Law Developments, University of Houston Law Center, New Orleans, LA, 1994.

· " Franchise Termination Litigation: The Precedence of Trademark Law, " in Successful Trademark Licensing and Franchising, International Trademark Association, 1993.

· " The Effective Use of Surveys and Expert Witnesses in Bench and Jury Trials, " Oregon Patent Law Association, Portland, OR, 1991.

· " Fungible Trademarks-Plasticolor v. Ford," Texas Intellectual Property Law Institute, San Antonio, TX; published 1991.

· " Intellectual Property: New Developments and New Risks in Trademark and Copyright Law, " Northwestern University Corporate Counsel Institute, Chicago, IL and San Francisco, CA, Ch. 8, 1991.

· " Recent Developments in Trademark Law, " 1991 ABA Annual Meeting, Atlanta, GA; published 1991.

· " Demonstrative Evidence, " United States Trademark Association Conference, Ft. Lauderdale, Florida, 1990.

· " The Impact on U.S. Intellectual Property Litigation of the Berne Convention, " Annual Meeting of the International Anticounterfeiting Coalition, Inc., San Diego, CA, 1990.

· " Remedies in Trademark Franchising Litigation: New Wine in Old Bottles, " 1990 ABA Annual Meeting, Honolulu, HI.


· "The Curator and the Trustee," Keynote Address, the Association of Art Museum Curators, 2010 Annual Meeting, Chicago, IL (May 2010)

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