Sanjiv Sarwate

I’m curious. How can Pattishall help protect my business?
Your brand is one of your most valuable business assets. Our practice is dedicated to protecting your brand at every stage—from identifying and navigating the risks associated with its adoption to enforcing your rights against attack. Our extensive litigation experience means that we can not only enforce your brand rights when necessary, but also counsel you on all of the risks that may occur and how best to avoid them.

Which areas are your personal specialties?
I specialize in trademarks, brand development and protection, and domain name protection.

I see that Pattishall has broad industry experience. What industries have you represented?
Automotive, Food, Beverage & Tobacco, Consumer Durables & Apparel, Pharmaceuticals, Software, and Services.

Can you describe some of the issues you’ve dealt with in your substantive specialties?
I represented the manufacturer of WURLITZER jukeboxes in trademark infringement litigation brought by Gibson Guitar Corporation. We obtained a judgment from the Seventh Circuit declaring that our client's license was only terminable for cause, and that Gibson Guitar had no right to terminate the license. The case was eventually settled with Gibson Guitar buying our client so that it could obtain full rights to the WURLITZER brand free and clear. So it was a win, with a win-win resolution.

I recently represented an Austrian beverage manufacturer that received a letter threatening it with legal action if it began using its primary brand in the United States. The threat came from a former director of our client, who had registered the client's primary brand in his company's name while still serving as a director of our client! We claimed this was a breach of the former director's fiduciary duty. The case settled with the other party agreeing to stop using the mark and assign it to our client.
On the brand clearance side, I counseled a pharmaceutical client on selection and clearance of proposed names for a potential blockbuster drug. We conducted and analyzed availability of names around the world, and advised the client as to the risks associated with each proposed mark.

What are your specific qualifications and skills as an IP lawyer?
I work to balance litigation and business advice in my practice, and have a broad range of experience in both areas. I think this makes me a better lawyer in both fields. I have experience in federal district and appellate courts, as well as cases before administrative bodies such as the Trademark Trial and Appeal Board, the International Trade Commission, and in ICANN Uniform Domain Name Dispute Policy proceedings. My business advice includes extensive experience clearing and securing my clients' brands in the United States and abroad, drafting agreements related to clients' brands, and reviewing advertising to identify issues that may arise.

How does Pattishall's “team approach” differ from other law firms?

Our team approach is distinct. We have smaller, dedicated teams of lawyers staffing cases, but we draw on the knowledge and experience of the entire firm. The depth of experience at this firm is absolutely incredible, and we work together closely because we are not a large firm. Our environment is very collegial, and we all feel free to bounce questions, ideas, and theories off of one another. Our smaller teams ensure that each member contributes to the overall strategy to achieve our client's goals.

What personal and professional qualities do you have that benefit your clients?
Above all, I work to ensure that my client will always receive my honest and thoughtful analysis of the issues. I focus on what is best for my client.

Industry Expertise

• Automobiles & Components
• Consumer Durables & Apparel
• Food & Beverage
• Pharmaceuticals & Biotechnology
• Software & Services

Representative Matters

Professional Activities

• Chicago Bar Association Young Lawyers' Section (CBA YLS): Director
• CBA YLS Creative Arts Committee: Former Co-Chair
• Intellectual Property Owners' Association U.S. Trademark Law Committee: Subcommittee Chair

Recent Publications

• Editor, chapter on "Illinois Trademark Law" of the International Trademark Association's STATE TRADEMARK AND UNFAIR COMPETITION LAW treatise (2005-07)
• "Cases to Watch in 2005: MGM v. Grokster" published in the Spring 2005 newsletter of the Intellectual Property Law Committee of the American Bar Association's Tort Trial and Insurance Practice Section
• "Copyright and the Law of Linking," published in the June/ July 2000 issue of COPYRIGHT WORLD