James E. Griffith is senior counsel with Foley & Lardner LLP, where he is a member of the Business Litigation & Dispute Resolution, Trademark, Copyright & Advertising, and IP Litigation Practices.
Mr. Griffith’s diverse practice focuses on the litigation and resolution of disputes in the areas of trademark, unfair competition, copyright, trade secret, art law, computer-related law, entertainment and privacy matters. Mr. Griffith also has extensive experience and involvement in other areas of complex civil litigation, including health care fraud and abuse and compliance issues, fraud litigation, corporate fiduciary law, partnership disputes, trust disputes, and contractual disputes.
In addition to his litigation experience, Mr. Griffith also has knowledge and experience counseling clients on a wide array of intellectual property matters and in the preparation and negotiation of a variety of licensing and other agreements in the fields of trademark, copyright, rights of publicity, defamation, advertising, cyberlaw, music, radio, television, motion pictures, and publishing, among other areas.
Mr. Griffith has experience managing large and mid-sized U.S. and international trademark portfolios, prosecuting and defending trademark oppositions and cancellation actions before the U.S. Trademark Trial and Appeal Board. He has counseled clients on dozens of domain name disputes, including participation in many arbitration actions before the National Arbitration Forum and WIPO.
Mr. Griffith is admitted to practice in Illinois, before the United States District Court for the Central and Northern Districts of Illinois, and with the United States Court of Appeals for the Federal Circuit. He is a member of the American Bar Association, the Illinois Bar Association, and the Lawyers Club of Chicago.
Mr. Griffith has authored numerous articles on trademark, copyright, cyberlaw, and litigation issues in publications, including State Tax Notes and E-Commerce Law Report. Most recently, Mr. Griffith has written articles regarding the application of the MedImmune doctrine to trademark infringement disputes (IPLaw360, April 22, 2010), the use of intellectual property theories to combat Internet "gripe-sites" (Intellectual Property Today, February 2010), the use of the collateral order doctrine to enable direct appeals of orders finding waiver of the attorney-client privilege (Litigation Law Report, September 21, 2009) and the Second Circuit's decision in Rescuecom Corp. v. Google, Inc. finding that the sale of a trademark as a search engine keyword can give rise to a trademark infringement claim (IP Litigation Legal News, Summer 2009).
Mr. Griffith has given presentations on the subjects of protecting IP and trade secret rights in China, selection and protection of trademarks, avoiding false advertising claims, direct and cross-examination, and trademark, copyright, and advertising litigation.
He was selected for inclusion in the Illinois Super Lawyers–Rising Stars® lists (2009 - 2011, 2013).*
Prior to joining Foley in 2007, Mr. Griffith was a partner at McDermott Will & Emery in Chicago. There, he performed significant intellectual property and complex commercial litigation in a wide range of fields, including consumer products, retail sales, international shipping, motion pictures and television, and computer software.
Mr. Griffith is a graduate of the University of Chicago Law School (J.D., with honors), and Duke University (B.A., economics and public policy, summa cum laude).
*The Illinois Supreme Court does not recognize certifications of specialties in the practice of law and no award or recognition is a requirement to practice law in Illinois.