Wendi E. Sloane

Wendi concentrates her practice on intellectual property law and complex commercial litigation.

As the chair of the Firm’s Intellectual Property Group, Wendi has extensive experience in all areas of non-patent intellectual property.  Wendi combines her skill and experience as a trial attorney with her knowledge of copyright, trademark, design patent and trade secret law to service the firm's diverse clientele. She actively assists clients in identifying, protecting and preserving their intellectual property assets in the United States and internationally.  She handles the intellectual property aspects of corporate transactions.  Wendi has litigated a wide variety of intellectual property cases across the country and handled administrative proceedings before the Trademark Trial and Appeal Board.  She has also litigated a variety of business-related commercial disputes.  Wendi is well-versed in alternative dispute resolution, both as a litigant handling mediations and arbitrations, and as a mediator and arbitrator herself.  She is a speaker at a variety of IP industry seminars and meetings.

In 2009, Wendi was honored as s Corporate Woman of Achievement by the National Association of Women Business Owners (NAWBO Chicago Chapter) for her contributions to advancing the success of women in the field of law.

Representative Clients

• Automobili Lamborghini America
• Fendi Adele S.r.l.
• First Industrial Realty Trust, Inc.
• GoSmile, Inc.
• Kmart Corporation
• Louis Vuitton Malletier S.A.
• Mediware Information Systems, Inc.
• Moët Hennessy USA
• Parfum Christian Dior
• Safecor Health
• Volkswagen Group of America

Representative Matters

• Intellectual Property Acquisition & Counseling: Luxury Goods
  

  Represented various divisions of LVMH in the intellectual property aspects of their acquisitions of Bliss, Fresh, Benefit, Urban Decay, Hard Candy, Donna Karan, Belvedere Vodka, including overseeing the intellectual property-related due diligence activity and negotiating the intellectual property-related provisions of the transaction documents.

• Cintas Corp. v. America West Airlines, Inc. (N.D. Ill.)
  

  Defended America West Airlines in a case alleging misappropriation of trade; we settled the lawsuit on favorable, but confidential, terms.

• AA Capital Inc. v. Orecchio (N.D. Ill.)
  

  Represented the receiver of a failed investment advisor in all litigation to recover assets and insurance proceeds; we recovered significant assets, including the proceeds of directors and officers liability policies and the advisor’s fidelity bond.

• In re Kmart Corporation: Global Property Services, Inc. v. Kmart Corporation, (Bankr. N.D. Ill.)
  

  Defended Kmart on a breach of contract claim seeking approximately $20 million; we obtained dismissal of the claimant’s damage claim in full, resulting in a favorable resolution of the case.

• Smith as Plan Trustee for and on behalf of the Estates of Boston Chicken v. Arthur Andersen LLP; Beck v. Bank of America (D. Ariz.)
  

  Represented Bank of America in third-party actions seeking recovery of more than $1 billion in damages allegedly arising out of national restaurant chain's insolvency; we were successful in obtaining dismissal of the third-party complaints.

• Louis Vuitton Malletier S.A. v. Hyundai Motor Co. (S.D.N.Y.)
  

  Represented Louis Vuitton in a trademark infringement and dilution action; we obtained summary judgment in Louis Vuitton’s favor on its federal dilution claim.

• Fendi Adele S.r.l. v. Walmart Stores, Inc. (S.D.N.Y.)
  

  Represented in a trademark infringement and counterfeiting action, arising out of the defendant retailer’s sale of allegedly counterfeit Fendi handbags, wallets, and other accessories in its warehouse stores; we settled the lawsuit on favorable, but confidential, terms.

• Louis Vuitton Malletier S.A. V. Dooney & Burke, Inc. (2nd Cir.)
  

  Represented Louis Vuitton Malletier in successful appeal to U.S. Court of Appeals for the Second Circuit; we obtained a reversal of the District Court’s denial of Louis Vuitton Malletier’s motion for preliminary injunction in a trademark infringement action.

• Hertzberg Ernst & Sons v. Louis Vuitton Malletier S.A. (N.D. Ill.)
  

  Represented Louis Vuitton in a trademark infringement action; we obtained not only a consent injunction but also the defendant’s agreement to pay the legal fees our client incurred by our client in the action.

• Zodiak Spirits, Inc. v. Moet Hennessy U.S.A. (E.D. Michigan)
  

  Defending Moët Hennessy in a trademark infringement action; we settled the lawsuit on favorable, but confidential, terms.

• DeBoulle Diamond & Jewelry Inc. v. De Beers Diamond Jewellers, Ltd. (N.D. Tex.)
  

  Defending De Beers Diamond Jewellers Ltd. in a trademark infringement action; we settled the lawsuit on favorable, but confidential, terms.

• Loufrani v. Walmart Stores, Inc. (N.D. Ill.)
  

  Represented Walmart in the appeal of a decision by the PTO’s Trial Trademark and Appeal Board refusing to cancel Walmart’s trademark and sustaining the opposition to the registration of two allegedly conflicting marks; we resolved the appeal on favorable terms.

• GoSmile, Inc. v. CVS Caremark Corporation (S.D. Cal.)
  

  Represented GoSmile, Inc in a trademark and trade dress infringement action; we settled the lawsuit on favorable, but confidential, terms.

Professional Activities and Honors

• American Bar Association
• International Trademark Association (INTA)
• American Intellectual Property Law Association (AIPLA)
• Selected, Illinois Super Lawyers (2013)

Publications

• Client Alert: Manufacturers & Retailers: Be Aware of the Legal Risks Involved in Online Reviews
• Client Alert: Trademark Owners: Prepare for Launch of New Generic Top-Level Domain Program
• Client Alert: Protect Your Trademark from Registration as a .XXX Domain

Events & Speaking Engagements

• 2013 Annual Meeting of the International Trademark Association: "The Benefits and Limitations of Advertising Injury Insurance"
• Trademark Litigation: A 2013 Update LIVE Webcast
• Ethics in IP Enforcement
• Lecturer, Chicago Kent School of Law, Graduate Program in Financial Services, on Director and Officer Liability Issues
• Speaker and author, Chicago Bar Association seminar on Commercial Litigation Discovery Techniques
• Speaker and author, Illinois Bar Association seminar on Contract Damage Issues
• Speaker and Author, Illinois Bar Association seminar on UCC Damage Issues