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Linda Kuczma
OVERVIEW

Linda Kuczma

Of Counsel

Chicago

One N. Wacker Drive
Suite 4400
Chicago, IL 60606-2833

P 312-214-2103

F 312-759-5646

Linda Kuczma has more than 40 years of experience in the worldwide protection of intellectual property rights, including trademarks and trade dress, advertising, unfair competition, patents and copyrights through litigation, registration, licensing, and alternate dispute resolution.

OVERVIEW

Linda Kuczma has more than 40 years of experience in the worldwide protection of intellectual property rights, including trademarks and trade dress, advertising, unfair competition, patents and copyrights through litigation, registration, licensing, and alternate dispute resolution.

Well-versed in virtually all aspects of managing clients’ IP portfolios, Linda supports clients through the prosecution, counseling and litigation of trademark, copyright and patent matters.

Prior to joining the firm, Linda served as an administrative trademark judge at the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office after 30 years in private practice.

Linda offers clients a unique perspective on navigating the registration and maintenance of trademarks and trade dress. She provides practical approaches to securing trademark protection and strategies for obtaining favorable outcomes in federal courts and the U.S. Patent and Trademark Office.

Linda has been a speaker on trademark, patent and licensing topics for many groups including the International Trademark Association (INTA), Practicing Law Institute, American Bar Association, American Intellectual Property Law Association, Association of Intellectual Property Firms, Minority Corporate Counsel Association, U.S. Patent and Trademark Office, UIC John Marshall Annual Intellectual Property  Conferences, Intellectual Property Law Association of Chicago, American University, IIT Chicago-Kent School of Law, and DePaul University and has spoken about practicing before the Trademark Trial and Appeal Board at professional associations and law schools.  Linda is also a frequent author on trademark matters, as well as on naming rights in the Internet, the Federal Rules of Civil Procedure, and business marketing.

Professional and Community Involvement

Former president, Intellectual Property Law Association of Chicago

Former president, The Advocates Society

National chair, Saul Lefkowitz Trademark Moot Court Competition, International Trademark Association

Chair, American Bar Association, Litigation Section’s Intellectual Property Section Trademark Subcommittee

Chair, American Intellectual Property Law Association, Trademark Trial and Appeal Board Practice Subcommittee

Chair, Chicago Bar Association, Intellectual Property Law Committee of the Young Lawyers Section

Founding board member, Association of Patent Law Firms (now known as the Association of Intellectual Property Firms)

Board member, Chicago Intellectual Property Alliance

Honors

Illinois Super Lawyer (2005-2011); Top 50 Women Attorneys in Illinois (2009)

EXPERIENCE
Experience
  • Represented client in reversal of refusal to register, overcoming prior adverse decision, of kettle-shaped barbeque grill configurations held not functional and registrable under § 2(f) of the Trademark Act.
  • Defended hot cup lid product configuration mark in an opposition proceeding resulting in the registration of the mark.
  • Defended client resulting in favorable settlement of trademark infringement suit regarding color blue used for anti-corrosion films.
  • Enforced design patents and trade dresses for appearance of clients’ loudspeaker and radar detector products.
  • Litigated whether U.S. trademark laws and Tariff Act offer protection to wholly owned U.S. subsidiary of foreign manufacturer against competitor importing and selling “grey market” products of foreign-manufacturer sold under same trademark used by subsidiary.
  • Represented client in matter involving priority of use of marks used by restaurant and national restaurant chain.

*These occurred prior to joining Barnes & Thornburg.

 
Publications
  • Practicing Law Institute, “Creating a Trademark Protection Program in the U.S. and Abroad,” April 2009
  • BNA, Patent, Trademark and Copyright Journal, “Global Harmonization of Trademark Law: Not Quite There Yet,” May 11, 2007
  • American Intellectual Property Law Association Selected Legal Papers, “Trademark Dilution Theory: A Practice Guide for Evaluating a Dilution Claim,” Spring 1995, Vol. XIII No. 1
  • Merchandising Reporter, “Grey Marketing - A Solvable Problem,” June/July 1985
*These occurred prior to joining Barnes & Thornburg.
 
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