For over 15 years, James E. Griffith has counseled clients on a wide range of strategically important commercial and intellectual property issues. He is experienced in the litigation and resolution of disputes in the areas of trademark, unfair competition, copyright, publishing, art law, entertainment, privacy matters, and computer-related law. Additionally, he counsels clients on a wide array of intellectual property matters and in the preparation and negotiation of licensing and other agreements in the fields of trademark, copyright, and rights of publicity, among others.
He was selected for inclusion in the 2009, 2010, 2011, 2013 and 2014 Illinois Super Lawyers–Rising Stars lists.
Mr. Griffith has conducted and managed complex intellectual property and commercial litigation and represented the intellectual property interests of clients in a variety of industries, including:
- Fine Art
- Satellite television
- Radio and television
- Motion pictures
- Fashion, shoes, apparel, and accessories
- Trade shows
- Specialty plastics
- Business equipment and supplies
- Electronics and electronics parts
- Business consulting and advisory services
- Financial services and investments
- Medical devices and supplies
- Health care and retail pharmacy
- Nutritional supplements
- Food and beverage
- Petroleum products and services
Background and Credentials
Mr. Griffith counsels clients on trademark licensing, selection, clearance and protection; copyright protection, licensing, and enforcement; transactional due diligence; patent validity and infringement issues; commercial defamation and product disparagement; right of publicity and right of privacy; trade secret claims; and patient privacy issues relating to pharmacy computer networks.
Mr. Griffith has wide ranging experience litigating significant trademark, copyright, and related cases throughout the country.
He is experienced in managing large and mid-sized U.S. and international trademark portfolios and in prosecuting and defending trademark oppositions and cancellation actions before the U.S. Trademark Trial and Appeal Board. He has been actively involved in numerous domain name disputes and has participated in any arbitration actions before the National Arbitration Forum and WIPO.
Mr. Griffith received his J.D., with honors, from the University of Chicago Law School and his B.A. in economics and public policy, summa cum laude, from Duke University.
- The University of Chicago Law School (J.D.)
- Duke University (B.A., summa cum laude)
- Economics and Public Policy
- Northern District of Illinois
- Central District of Illinois
- U.S. District Court, District of Colorado
- U.S. Circuit Court of Appeals, Federal Circuit
- U.S. Circuit Court of Appeals, Seventh Circuit
Publications and Presentations
Mr. Griffith has authored numerous articles on trademark, copyright, cyber law and the attorney-client privilege for Intellectual Property Today, IP 360, Litigation Law Report, State Tax Notes, and E-Commerce Law Report, among other publications.
- "California Court 'Abused Discretion' in Remastering Copyright Case," IPPro Patents The Internet, August 23, 2018 (featured quotes).
- "Ninth Circuit Overturns Ruling on Pre-1972 Copyright," World Intellectual Property Review, August 22, 2018 (featured quotes).
- "Federal Circuit Ruling in Oracle v. Google Could Affect Global Software Industry," Intellectual Property Watch, April 3, 2018 (featured quotes).
- “Collector Of Vivian Maier Photos Can't Sell During IP Row,” Law360, April 25, 2017 (featured quotes).
- “10 Years of MedImmune: What Trademark Owners Learned,” Law360, February 14, 2017.
- “A Look At Attorney Fee Awards In Post-Kirtsaeng Copyright Cases,” Law360, November 9, 2016.
- “Trademark 'Great Pretenders' get a break from Supreme Court,” InsideCounsel, November 14, 2014.
He has presented on protecting IP and trade secret rights in China, selection and protection of trademarks, avoiding false advertising claims, direct and cross-examination and trademark, copyright and advertising litigation. Mr. Griffith is also a frequent guest lecturer on issues of copyright and fair use at Northwestern University’s Medill School of Journalism, Media, Integrated Marketing Communications.
- "Copyright Registration," Featured Speaker, Art & Law Thursdays Workshop, July 12, 2018.
- “Bull or Bully: His Airness and IP Rights and Wrongs,” Co-Presenter, Trademark & Copyright Strategy Summit: Chicago, October 15, 2015.
Click here to see additional Publications and Presentations.
Professional and Community Involvement
- American Bar Association, Intellectual Property and Entertainment Law Sections, Member
- Illinois Bar Association, Member
- Lawyers for the Creative Arts, Attorney Volunteer and Contributor
- Copyright Society of the USA (CSUSA), Member
- Volunteer interviewer for Duke undergraduate admissions through the Duke Alumni Association