TottisLaw | Keith M. Stolte

Keith joined TottisLaw in July 2019. He has over 20 years experience in the fields of trademark, copyright and unfair competition counseling and litigation, patent litigation, including Hatch-Waxman generic drug cases, trade secrets litigation and general commercial litigation throughout the United States. He has been a prolific author on intellectual property matters and has given scholarly presentations on intellectual property law for Law Seminars International and the John Marshall Law School of the University of Illinois at Chicago.

Keith received a Bachelor of Arts in history from the University of Chicago and his Juris Doctor, Magna Cum Laude, from The John Marshall Law School of the University of Illinois at Chicago. While in law school, Keith was elected to the Board of the John Marshall Law Review where he served as of Executive Editor of Student Publications. He was also active in the Saul Lefkowitz Moot Court Competition. He was named an IP Star by MANAGING IP MAGAZINE in 2013, 2014 and 2015.

An advocate for historical preservation, Keith was a principal member of a local community group that was awarded the Landmarks Illinois Award for Advocacy and the City of Chicago Preservation Advocacy Award in 2018. He and other local community leaders secured landmark status in record time for the West Burton Place Historic District, an enclave of artist studios formed during the 1920s through the 1970s. His book, Chicago Artist Studios, was published in 2019 by the History Press.

Trademark/Unfair Competition/Copyright

Successfully represented a prominent national wresting organization in a trademark infringement and breach of license case at both the federal district and appellate courts.
Represented an international tobacco company in a trademark infringement and gray market importation case leading to a favorable settlement.
Defended an international cosmetic and home goods company against charges of trademark infringement brought by an iconic restaurant leading to favorable settlement.
Defended an international brewing company against charges of trademark infringement and false designation of origin, leading to a favorable settlement.
Successfully represented a national confectioner in a major trade dress case against an international food conglomerate dress and obtained a seven-figure settlement.
Successfully defended an international office supply retailer against allegations of trademark infringement and importation of gray market luxury products.
In a decade-long David and Goliath battle, successfully represented a small apparel manufacture against an international fashion conglomerate on cross-claims of trademark infringement at the district and appellate courts.
Successfully represented a regional restaurant chain and obtaining summary judgment against claims of trademark infringement, breach of license and domain name ownership dispute.

Patent

Obtained summary judgment for a national diaper company sued for patent infringement and obtained an award of all attorneys’ fees.
Successfully represented a prominent nephrologist and inventor of medical equipment in a major patent infringement litigation and obtaining an eight-figure settlement against an international manufacturer of medical products.
Successfully defended an international office supply retailer against claims of design patent and trade dress infringement on an office chair design.
Successfully defended an international travel company and obtained summary judgment on allegations of software patent infringement.
Defended an international manufacturer of doors and windows and obtained summary judgment against allegations of design patent infringement.
Defended one of the largest Chinese apparel manufacturers on allegations of patent infringement and obtained an award of attorneys’ fees.
Obtained summary judgment of non-infringement on behalf of national computer networking equipment company and successfully obtaining a jury verdict on counterclaims of patent infringement; secured an affirmance on appeal.
Successfully settled Hatch-Waxman patent litigation on behalf of a small pharmaceutical company against an international conglomerate.
Obtained a favorable appellate decision in Hatch-Waxman patent case which allowed the client, a generic pharmaceutical manufacturer, to enter a market for a generic pharmaceutical product amounting ten figures.

Presentations & Publications

LAW SEMINARS INTERNATIONAL – Product Design and Packaging Protection and Litigation – Protection of Product Design and Packaging at the Border (2005)
JOHN MARSHALL LAW SCHOOL, CENTER FOR INTELLECTUAL PROPERTY LAW – Diverging Standards in European and American Trademark and Copyright Laws (2009)
If it Walks Like a Duck: A Proposal to Unify U.S. Customs Treatment of Infringing Imports, 29 John Marshall Law Review 711 (1996)
OFAC: Hands Off Intellectual Property Rights, 4 Univ. of Georgia Journal of Intellectual Property Law, 25 (1996)
Remedying Judicial Limitations on Trademark Remedies: An Accounting of Profits Should Not Require a Finding of Bad Faith, 87 Trademark Reporter 271 (1997)
Remedying Judicial Limitations on Trademark Remedies: Monetary Relief Should Not Require Proof of Actual Confusion, 75 Univ. of Denver Law Review, 230 (1997)
How Early Did Anglo-American Trademark Law Begin? An Answer to Schechter's Conundrum, 8 Fordham Intellectual Property, Media and Entertainment Law Journal 505, reprinted, 88 Trademark Reporter 564 (1998); reprinted TRADEMARK AND UNFAIR COMPETITION LAW, Elgar Publ. (2014)
Functionality Challenges to Incontestable Trademark Registrations Before and After the Trademark Law Treaty Implementation Act, 92 Trademark Reporter 1094 (Sept./Oct. 2002)
Avoiding Hague Convention Headaches -- An Analysis of Lanham Act Section 1(e) Service of Process on Foreign Nationals, 92 Trademark Reporter 1417 (Nov./Dec. 2002)
A Response to Jerome Gilson’s Call for an Overhaul of the Lanham Act, 94 Trademark Reporter 1335 (Nov./Dec. 2004)
Foreign Term of Art in License Must be Construed in Foreign Technical Sense, World Trademark Review (Dec. 2009)
Credit Rating Agency Scores Low in Trademark Contest, AIPLA Newsstand (Sept. 2011) Case Study – FICO v. Experian Information Solutions, Law360 (Oct. 2011)
Applause Can Come with a Big Price Tag: Michael Jordan v. Jewel Food Stores, National Law Journal (April 2014)
The Aereo Crashed: Cheap Internet TV Thwarted?, American Broadcasting Co., Inc. v. Aereo, Inc., National Law Review (Aug. 2014)
Is Cheap Internet TV Dead? Duck Hunting Season Comes Early to the Supreme Court, Intellectual Property and Technology Law Journal, Vol. 26, No. 10 (Oct. 2014)
Fox New Network, LLC v. TVEyes, Inc., E-Commerce Law Reports, Vol. 14, No. 5 (Oct. 2014)
Confidentiality Agreements Are Not Enforceable in the Absence of Reasonable Efforts to Preserve Confidentiality, The Licensing Journal (Jan. 2015)
In re Lenz v. Universal Music Corp., E-Commerce Law Reports, Vol. 15, No. 5 (Oct. 2015)

MANAGING IP MAGAZINE IP Stars – 2013, 2014, 2015
Edgar Miller Legacy, Charter Member of the Board of Directors,
Landmarks Illinois Award for Advocacy – September 2018
City of Chicago Preservation Advocacy Award – October 2018

KEITH M. STOLTE