Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP

Janet A. Marvel

Phone: 312-554-7957

Email: jmarvel@pattishall.com

Education

University of Michigan Law School (J.D., 1989)
Indiana University (B.A., 1983, Phi Beta Kappa)

Bar Admissions

Illinois

Industry Expertise

Honors & Awards

Trials, Appeals & Litigation

Professional Activities

Publications

Presentations

Janet A. Marvel

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312-554-7957

Email jmarvel@pattishall.com

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''She really makes very sound, rational judgments about what we need to do-it's pretty remarkable; she's always correct.''
Alex Liberman, General Counsel, Medline Industries, Inc.

Pattishall partner and Executive Committee member Janet Marvel spends her days working on some of the most famous shapes in business. She's responsible for protecting logos like Ford's oval, Pepsi's globe and Coleman's lantern.

Marvel's approach is aggressive with respect to both litigation and day-to-day brand value development. Among her achievements are development of comprehensive five-year brand plans for all of the major divisions of Ford Motor Company and for Mattel. These plans cover issues ranging from enforcement to registration to legislative initiatives planning for the long-term protection of the client's brands.

Brand protection can be seen as a straightforward, five-step process. "The bones of a brand plan are selection, clearance, registration, use, and enforcement," Marvel says. "Every company should have one."

Employee education is key to success, she explains. "Businesses need to understand how to manage a brand for maximum protection. We help them to understand the consequences of the choices they make." Training should be repeated regularly. Marvel has done this for clients like Medline Industries, Inc., a $3 billion a year medical products company.

Marvel has handled brand litigation in federal court and the U.S. Trademark Trial and Appeal Board, including anti-counterfeiting civil litigation. And she's worked closely with prosecutors in criminal counterfeiting cases.

"Successful enforcement doesn't just eliminate one defendant. It also sends a message to would-be infringers," Marvel adds. A strong enforcement program, including both negotiation and litigation, preserves and strengthens brands in many ways, including reducing "generic-ness" claims and dilution risk, she says.

For Ford Motor Company, Marvel has obtained favorable judgments against counterfeiters and infringers. She works closely with the police to raid defendants' warehouses, and with prosecutors to obtain felony counterfeiting convictions.

Marvel's breadth of experience is an asset in developing and implementing strategies. She's handled matters for companies in the automobile, food and beverages, health care, and technology industries. She's built the skills to avoid problems and the tactics to resolve them.

Marvel's extensive contacts with many of the best IP counsel in foreign countries have helped "create a juggernaut of protection," she says. "With one call, our clients can gain access to a network of many of the best brand lawyers in the world."

For Medline, Marvel handles all brand needs--"soup to nuts," she says. In one case, the defendants ran websites through which they sold prescription medications. One could get a "prescription" by filling in information in a series of simple, drop down boxes on the website. Marvel obtained a judgment against the defendant. More importantly, it resulted in the removal of the offending website from the Internet.

Marvel teaches Northwestern Law School and has taught at the University of Chicago. She is co-author of the treatise TRADEMARKS AND UNFAIR COMPETITION (3rd ed. 2007) and was voted an Illinois Super Lawyer by her peers.

An agile response is particularly important in IP law because successful brands are attacked almost as soon as they appear. Thus, "a lawyer must keep a lot of balls in the air," Marvel notes. "That allows effective allocation of clients funds, proper case staffing, and efficiency."

"I went into brand law, which is visual and creative by nature for the fun of it. Since I've handled so many different matters, I feel that I have developed a wide knowledge base from which to draw solutions." I always look forward to the next challenge.