Biography

Kevin McDevitt is co-founder of Neal & McDevitt, LLC – Kevin has been practicing intellectual property and advertising law for nearly three decades and has represented owners of some of the world’s most iconic brands throughout his career.  Kevin counsels clients in all aspects of trademark, copyright, unfair competition, advertising, marketing and promotions law, including counseling clients regarding the selection, adoption, use and protection of trademarks, domain names, the protection of copyrights and trademarks on a worldwide basis, licensing, advertising and promotions law compliance, sponsorship agreements, talent agreements, and conflict resolution related to the above disciplines, including U.S. Federal Court litigation and proceedings in the U.S. Patent and Trademark Office and other administrative tribunals.

Kevin represents clients throughout a wide range of industries including electronics, financial services, fitness, manufacturing, retail food service, technology and consumer brands, to name just a few.  Over his career, Kevin has litigated many trademark and advertising cases throughout the country.  Kevin is a sought-after speaker on trademark and advertising law topics throughout the world and, because of his extensive experience and expertise in the trademark and advertising arenas, has been engaged as a professional mediator in several contentious trademark and advertising disputes.

Kevin has held numerous leadership positions throughout his nearly 30 years with the International Trademark Association, including serving as Chair of the renowned Ladas Memorial Legal Writing Award, as well as the Leadership Development Committee.  He was the recipient of the International Trademark Association’s 2013 Volunteer Service Award for the Advancement of Committee Objectives.

Kevin was also the inaugural President of the Purdue University Alumni Association’s Chapter in the North and Northwest Suburbs of Chicago. He is also a member of the Purdue University President’s Council.

Kevin has been an honoree of the prestigious Irish Legal 100, Leading Lawyers Network℠ and Illinois Super Lawyers℠ for several years.

Professional Accomplishments

  • Ranked by the World Trademark Review to the WTR 1000 for trademark prosecution and strategy from 2017 through 2021
  • Named to the Leading Lawyers NetworkSM in each year from 2010 through 2021 for Intellectual Property Law and Advertising & Media Law
  • Named to Illinois Super LawyersSM in each year from 2012 through 2021 for Intellectual Property Law and First Amendment/Media/Advertising Law
  • Recipient of the International Trademark Association’s 2013 Volunteer Service Award for the Advancement of Committee Objectives
  • Named to the 2013 through 2020 Irish Legal 100

Admitted to practice

  • United States Supreme Court (2001)
  • Illinois (1990)
  • District of Columbia (1993)
  • U.S. District Court, ND Illinois (1990)
  • U.S. Court of Appeals, 7th Cir. (1996)
  • U.S. District Court, D. of Arizona (1996)
  • U.S. District Court, CD Illinois (1996)
  • U.S. District Court, WD Texas (1997)
  • U.S. District Court, WD Wisconsin (2000)
  • U.S. District Court, ED Michigan (2001)
  • U.S. Court of Appeals, 6th Cir. (2005)
  • U.S. District Court, SD Texas (2011).

Education

  • J.D., 1990, Syracuse University College of Law
  • B.A., 1987, Purdue University

Recent Lectures:

  • 2013 International Trademark Association Branding & Social Media Conference (Chicago), Celebrity Branding and Endorsements,
    Panel Moderator
  • Law Seminar International’s Advanced One-Day Workshop on Product Design and Packaging on June 14, 2005 (Practical Tips For Broadening Intellectual Property Protection For Your Design and Packaging)
  • American Law Institute/American Bar Association Course of Study on Intellectual Property Licensing Today on October 5-6, 2006
    (Licensing Issues in Advertising)
  • American Law Institute/American Bar Association Course of Study on Intellectual Property Licensing Today on January 24-25, 2008
    (Licensing Issues in Advertising)
  • International Trademark Association – 2008 Leadership Meeting (Global Topics In a Shrinking World)

Philanthropic Activities:

  • Purdue Alumni Club of the North and Northwest Chicago Suburbs, Inaugural President 2013 – 2015
  • Purdue University President’s Council
  • John Purdue Club

Professional Membership

Member:

  • International Trademark Association (INTA)
  • Chicago Intellectual Property Alliance — Founding Member
  • American Intellectual Property Law Association
  • Inter-Pacific Bar Association
  • Illinois State Bar Association
  • The Wine Institute
  • Family Winemakers of California

International Trademark Association:

  • Alternative Dispute Resolution Committee – 2017 – Present; Chair of North American Subcommittee 2020
  • Leadership Development Committee, 2010 – 2017; Vice Chair 2014-2015, Chair 2016-2017
  • Ladas Award Committee, Co-Chair 1995 – Present.
  • Saul Lefkowitz Moot Court Competition, Midwest Regional Committee 1992,1993, 1994, 1995

PUBLICATIONS

  • Trademark Protection and Practice (October 2014) (Matthew Bender & Co./LexisNexis) Forms Editor and Contributing Author, J. Gilson.
  • Current Legal Forms with Tax Analysis, Trademarks Section, (Matthew Bender & Co./LexisNexis) Contributing Author, Rabkin.
  • Designing an Effective Intellectual Property Compliance Program, (Clark Boardman Callaghan) Contributing Author, A.J. Sternstein et al.
  • Licensing Law and Business Report, (Clark Boardman Callaghan) (1991-1994) Associate Editor.

REPRESENTATIVE CASES AND TRIALS

  • Acuson Corporation v. Accuscan Health Imaging, LLC, (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • Aguila Records, Inc., et. al. v. Nueva Generacion Music Group, Inc., al. (USDC NDIL) (Trademark and copyright infringement) (Defendants’ Counsel)
  • Aguila Records, Inc., v. Sergio Federico, al. (USDC NDIL) (Trademark and Copyright Infringement) (Defendants’ Counsel)
  • Alpha Delta Phi v. Chi Delta Chi, (ND Illinois) (Trademark Infringement) (Defendant’s Counsel)
  • American RV Centers, LLC v. American RV World LC, Inc. and Robert Maese, Sr., (USDC NM) (Unfair Competition) (Plaintiff’s Counsel)
  • Ameritech Corporation v. Martinside Marketing, (ND Illinois) (Domain Name Dispute) (Plaintiff’s Counsel)
  • Axminster v. Shaw Industries, Inc., (SD New York) (Copyright Infringement) (Defendant’s Counsel)
  • Bally of Switzerland v. Bally Manufacturing Co., (ND Illinois) (Trademark Infringement) (Plaintiff’s Counsel)
  • Basic Books, Inc. et al. v. Kinko’s Graphics Corp., (SD New York) (Copyright Infringement) (Defendant’s Counsel)
  • Bayer Corporation v. Dade International, (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • BIG Finance and Insurance, Inc. v. Principal Financial Services, Inc., (TTAB) (Trademark Cancellation) (Defendant’s Counsel)
  • Bradshaw v. Igloo Products Corp., (ND Illinois) (Trademark and Patent Infringement) (Defendant’s Counsel)
  • Burger King Corporation v. hardee’s Food Systems, Inc., (NAD) (False Advertising) (Defendant’s Counsel)
  • Caterpillar Inc. v. Big Smith, (CD Illinois) (Emergency Summary Judgment, Licensing Dispute) (Plaintiff’s Counsel)
  • Caterpillar Inc. v. Nationwide Equipment, (MD Florida) (Counterfeiting Preliminary Injunction) (Plaintiff’s Counsel)
  • Caterpillar Inc. v. Trak International, (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • CKE Restaurants, Inc. v. Jack In The Box, Inc., (CD Cal.) (False Advertising) (Plaintiff’s counsel)
  • Claire Murray v. Shaw Industries, Inc., (D Massachusetts) (Jury Trial, Copyright Infringement) (Defendant’s Counsel)
  • DIRECTV, Inc. v. Global TV Concepts, Ltd., (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • DIRECTV, Inc. and Hughes Electronics Corporation v. United Online, Inc., (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • DIRECTV, Inc. v. Skyvision, Inc., (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • com, Inc. v. Unlimited Latin Flavors, Inc. et al., (ND Illinois) (Trademark Infringement and Domain Name Dispute) (Defendants’ Counsel)
  • Euromarket Designs, Inc. d/b/a Crate & Barrel v. Crate & Barrel Limited, Miriam Peters and Point Blank Multimedia, (ND Illinois) (Trademark Infringement and Domain Name Dispute) (Defendants’ Counsel)
  • Extended Stay America, Inc. v. Matrix Lodging, LLC, (TTAB) (Trademark Opposition) (Defendant’s Counsel)
  • First Chicago v. First Chicago, (ND Illinois) (Counterfeiting Seizure TRO, Service Mark Infringement) (Plaintiff’s Counsel)
  • Fleetguard, Inc. v. Baldwin Filters, Inc., (ND Illinois) (Pas