Emily Kappers is a counsel in Crowell & Moring’s Chicago office and a member of the firm’s Intellectual Property Group. She represents national and international companies in trademark counseling and litigation matters. Her practice covers trademark, trade dress, false advertising, copyright, and unfair competition.
Emily advises clients on the clearance, prosecution, and enforcement of global trademark portfolios. She also advises on trademark protection in the United States and in foreign jurisdictions, including China and the European Union. For each client, Emily develops a deep understanding of their offerings, with a focus on understanding her clients’ current and future business goals and target markets. She uses this knowledge to create tailored prosecution and enforcement strategies that secure and build clients’ brands.
Emily’s litigation practice focuses on Lanham Act disputes. Recent matters include nationwide federal district court cases in the technology, electrical, and hospitality industries. In these and similar matters, Emily pulls from her extensive counseling experience to provide trademark strategy and insight. Her experience also includes representing clients in Trademark Trial and Appeal Board oppositions and cancellation actions and handling domain name disputes under the Uniform Name Dispute Resolution Policy (UDRP).
Outside of the office, Emily is an active member of Chicago’s legal and civic communities. Emily serves on the executive board of the Richard Linn American Inn of Court as the CLE chair. Additionally, she chairs committees for Chicago Women in Intellectual Property (ChiWIP), which aims to connect women in the field of intellectual property law. A former violinist, Emily serves on the executive board of Ravinia Associates, an organization that provides underserved Chicago communities access to music and music education and supports the next generation of classical musicians.
Recognition
- Best Lawyers, Women in Law "Ones to Watch" for IP, 2022
- Best Lawyers, Rising Star, 2021
- Illinois Super Lawyers, Rising Stars, 2019–2021
- Illinois Rising Star, Managing Intellectual Property IP Stars, 2020 – 2021
Affiliations
- International Trademark Association, Emerging Issues Committee
- Chicago Women in IP, Chair of the Annual Dinner Committee
- Ravinia Associates Board, Sponsorship Chair and Executive Board Member
Speeches & Presentations
Publications
Client Alerts & Newsletters
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"Recent Sixth Circuit Decision in Ohio State University v. Redbubble, Inc. May Burst the Bubble for Online Marketplaces' Defenses of Non-Infringement,"
IP Insights
(May 19, 2021).
Contacts: Virginia Wolk Marino, Emily Kappers
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"The Wedding is Off: Second Circuit Vacates Summary Judgment in Tiffany Engagement Ring Case,"
IP Insights
(September 28, 2020).
Contacts: Jeffery A. Handelman, Emily Kappers
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"U.S. Copyright Office and Lawmakers Agree: The DMCA Fails to Function in the New Millennium,"
IP Insights
(June 8, 2020).
Contacts: Virginia Wolk Marino, Emily Kappers
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"Federal Circuit Deems Multi-Color Product Packaging Marks Inherently Distinctive,"
IP Insights
(April 29, 2020).
Contacts: Virginia Wolk Marino, Emily Kappers
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"USPTO Now Requires U.S. Licensed Attorneys in all Trademark Matters,"
IP Insights
(August 5, 2019).
Contacts: Virginia Wolk Marino, Emily Kappers
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"USPTO Issues Examination Guide on Trademark Applications for Cannabis and Cannabis-Related Goods and Services,"
IP Insights
(June 11, 2019).
Contacts: Virginia Wolk Marino, Emily Kappers
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"Mission Products v. Tempnology: SCOTUS Holds that Rejection of Trademark License in Bankruptcy Does Not Terminate the Right to Use the Mark,"
IP Insights
(May 22, 2019).
Contacts: David S. Fleming, Emily Kappers
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"Cutting the Dead Wood: The USPTO's Post-Registration Trademark Use Audit Program,"
IP Insights
(November 16, 2018).
Contacts: Howard Michael, Emily Kappers
Press Coverage
Firm News & Announcements