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Jennifer J. Theis

Practice Summary

Ms. Theis’ diverse intellectual property law practice focuses on all aspects of trademark law, patent law, copyright law and unfair competition law.  Her litigation experience includes civil litigation in federal district court as well as cancellation and opposition proceedings before the Trademark Trial and Appeal Board.

Ms. Theis’ practice also focuses on trademark and patent prosecution, both domestic and foreign.  Her international trademark practice includes international trademark prosecution, determination of international filing strategies, and international trademark litigation.  Ms. Theis also has experience preparing and prosecuting patent applications in the chemical and mechanical arts.  In connection with her foreign practice in both trademark and patent prosecution, Ms. Theis works with foreign associates around the world.

Honors/Distinctions
  • Contributing Editor, Michigan Telecommunications and Technology Law Review, 2004-2005
  • Associate Editor, Michigan Telecommunications and Technology Law Review, 2003-2004
  • Phi Beta Kappa
  • University of Notre Dame Honors Program
  • American Institute of Chemists Award 2003
Representative Matters
  • Georgia-Pacific Consumer Products LP v. Kimberly-Clark Corporation, Kimberly-Clark Global Sales, Inc. and Kimberly-Clark Worldwide, Inc., No. 09-CV-2263 (N.D. Ill. 2009). Representing Kimberly-Clark in an action brought by Georgia-Pacific alleging trademark infringement and dilution based on Kimberly-Clark's use of embossed designs appearing on the surface of its bathroom tissue. The case is currently pending.
  • Trilink Saw Chain, LLC, et al. v. Blount, Inc., et al., Case No. 1:07-CV-0409-CAP (N.D. Ga.). Represented Blount, Inc. in false advertising claim relating to saw chains for chain saws. Settled.
  • Tyco Healthcare Group LP and Tyco Healthcare Retail Group, Inc. v. Kimberly-Clark Corp., Kimberly-Clark Worldwide, Inc. and Kimberly-Clark Global Sales, Inc., Civil Action No. 1:06-cv-11809-JLT (D. Mass. 2006). Represented Kimberly-Clark in an action filed by Tyco Healthcare alleging infringement of the trademark FLEXI-WINGS. The court denied Tyco Healthcare's motion for a preliminary injunction on the basis that the term "Wings" is generic and that Kimberly-Clark's use of "COMFORT FLEX Wings" was protected under the fair use doctrine and also did not give rise to any likelihood of confusion, The case subsequently settled.
Trademark Trial and Appeal Board (TTAB) Cases
  • Alticor Inc. v. G&H Nutrition LLC, Opposition No. 91194688 (TTAB 2010)
  • Fuel Freedom International, LLC v. Alticor Inc., Cancellation No. 92047543 (TTAB 2007) 
Legal Experience
  • Brinks Hofer Gilson & Lione, Chicago, Illinois
    Associate, September 2006-Present
    Summer Associate, 2005
  • Dierker & Associates, Troy, Michigan
    Summer Law Clerk, 2004
Non-Legal Experience
  • Pfizer Summer Research Fellowship Program
    Synthetic Organic Chemistry, 2002