Photograph of Jennifer J. Theis


  • University of Notre Dame, B.S. biochemistry (2003) summa cum laude
  • University of Michigan Law School, J.D. (2006)


  • Illinois
  • U.S. Patent and Trademark Office (USPTO)
  • U.S. District Court, Northern District of Illinois
  • U.S. Court of Appeals, Seventh Circuit

Professional Experience

  • Pfizer Summer Research Fellowship Program
    Synthetic Organic Chemistry, 2002

Jennifer J. Theis

Phone: +1 312.840.3289
455 N. Cityfront Plaza Drive
Suite 3600
Chicago, IL 60611

Jennifer 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.

Jennifer’s practice also focuses on trademark and patent prosecution, both domestic and foreign. In connection with managing client’s global trademark portfolios, she develops and implements international filing and enforcement strategies and manages international trademark litigation and enforcement proceedings. She analyzes trademark searches and provides clearance opinions for marks used in a wide range of industries, including food products, computer software, and other technical fields. She 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, Jennifer works closely with foreign associates around the world.

Jennifer’s unique background and experience make her a strong asset in cases presenting both trademark and patent issues. She was a key part of a litigation team that defeated a trademark challenge on the basis that the trademark was functional, as demonstrated by strong utility patent evidence, and thus not entitled to trademark protection.

Jennifer’s deep knowledge of a client’s business and extensive experience with trademark laws and procedures worldwide were instrumental in coordinating the filing of new trademark applications worldwide by foreign associates on the same day as the client’s new brand was launched. This coordinated effort avoided the risk of potential infringers that is often associated with high profile brand launches.

Jennifer implements a fair, firm, and well-reasoned approach to obtain results for clients. In a recent instance, she was able to swiftly negotiate a rebrand of an infringer’s mark to protect the client’s brand in light of her strong and effective arguments.



Admitted to practice: Illinois, U.S. Patent and Trademark Office (USPTO), U.S. District Court for the Northern District Illinois, U.S. Court of Appeals for the Seventh Circuit

Representative Engagements

Intellectual Property Litigation 
  • V&V Supremo Foods, Inc. v. Olé Mexican Foods, Inc., 19-cv-01904-JPB (Judge Boulee) (N. D. Ga. 2019). Representing V&V Supremo in asserting trademark infringement, false designation of origin and related state claims against Defendant’s asserted defenses of genericness and fair use in case involving cheese products. 
  • Little Caesar Enters, Inc. et al. v. Rage Administrative Marketing Services, Inc. et al. , 18-cv-00132 (Judge Van Tatenhove) (E. D. Ky. 2018). Represented Little Caesar in asserting trademark infringement, false designation of origin and related state claims against Defendant's asserted counterclaims and continuous prior use defense. 
  • Tower Automotive Operations USA I, LLC v. April Braddock / Tower Internatlonal, FA1710001754300 (UDRP Forum 2018). Represented Complainant Tower Automotive against Registrant who registered the domain www. for the purpose of impersonating Tower International via email in furtherance of a fraudulent scheme. Panel found domain to be registered in bad faith and transferred domain to Complainant. 
  • Ecore International, Inc. v. Paul Downey, CSR Industries, Inc., and Pliteq, Inc., 11-cv-06843-RBS (Judge Surrick) (E. D. Pa. ). Represented Downey, CSR, and Pliteq in defending claims and asserting affirmative claims relating to development and sale of recycled rubber flooring products. 
  • Ecore International, Inc. v. Paul Downey and Pliteq, Inc., 12-cv-02729-JLS (Judge Schmehl) (E. D. Pa. ). Represented Defendants in reverse passing off and false advertising dispute relating to sale of recycled rubber flooring products. Case has settled. 
  • Grupo Bimbo S. A. B. de C. V. v. Snak-King Corp., 13-cv-02147 (Judge Birotte) (C. D. Cal. ). Represented Plaintiffs in trademark, trade dress, and patent dispute relating to Defendants’ use of rolled tortillas covered by Plaintiffs’ trade dress registration. Case has settled. 
  • Alticor Inc. v. Nutrisystem, Inc. and Nutri/System IPHC, Inc., 12-cv-256-RHB (Judge Bell) (W. D. Mich. ). Defended Alticor against a claim that the expansion of its global brand NUTRILITE into the weight management field would infringe and dilute Nutrisystem’s alleged prior rights in the NUTRISYSTEM mark for weight-loss goods and services. Case has settled. 
  • Georgia-Pacific Consumer Products LP v. Kimberly-Clark Corporation, Kimberly-Clark Global Sales, Inc. and Kimberly-Clark Worldwide, Inc., 09-CV-2263 (Judge Kendall) (N. D. Ill.). Represented 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. Kimberly-Clark moved for summary judgment against Georgia-Pacific on the basis that Georgia-Pacific’s asserted designs are claimed in several utility patents and are functional in that they improve the performance of toilet paper in several respects. The Court of Appeals affirmed the District Court’s grant of summary judgment and concluded as a matter of law that the asserted designs are functional and therefore not entitled to trademark protection. 
  • Trilink Saw Chain, LLC, et al. v. Blount, Inc. , et al., 1:07-CV-0409-CAP (Judge Pannell) (N.D. Ga.). Represented Defendant in false advertising claim relating to saw chains for chain saws. Case has 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., 1:06-cv-11809-JLT (Judge Tauro) (D. Mass. ). 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

  • Sparkly Soul, Inc. v. Sparkle Strong, LLC, Opposition No. 91244375 (TTAB 2018) 
  • Alticor Inc. v. Siemens Aktiengesellschaft, Opposition No. 85-962,940 (TTAB 2013) 
  • Alticor Inc. v. G&H Nutrition LLC, Opposition No. 91194688 (TTAB 2010) 
  • Fuel Freedom International, LLC v. Alticor Inc., Cancellation No. 92047543 (TTAB 2007)


  • "Trademark Enforcement Implications of Europe's General Data Protection Regulation (GDPR)" IPWatchdog (September 11, 2018). Author: Jennifer J. Theis
  • "Selection, Clearance and Registration," Pharmaceutical Trademarks 2013/2014: A Global Guide (September 16, 2013). Author: Jennifer J. Theis
  • "Selection Clearance and Registration of Pharmaceutical Trademarks," World Trademark Review - Pharmaceutical Trademarks 2012 (February 2012). Author: Jennifer J. Theis
  • "TTAB dismisses Rolex's claim of likelihood of dilution by blurring," World Trademark Review (January 16, 2012). Author: Jennifer J. Theis
  • "TTAB Dismisses Rolex's Claim of Likelihood of Dilution by Blurring," World Trademark Review Daily (January 16, 2012). Author: Jennifer J. Theis

Client Alerts & Newsletters

Media Mentions

  • Jennifer Theis mentioned in the Detroit Free Press
    February 3, 2015 — Detroit Free Press