Biography

Rick Biagi, the Managing Member of Neal & McDevitt, joined the firm shortly after its founding in 1998.  Rick’s practice includes counseling clients in the areas of selection, adoption, use, and protection and enforcement of trademarks and domain names; anti-counterfeiting; the registration of trademarks and copyrights on a worldwide basis; licensing; and advertising and promotions law compliance.  Rick has been ranked by the World Trademark Review to the WTR 1000 for trademark enforcement and litigation.

Rick represents a wide range of clients from small and mid-sized corporations to some of the most iconic brands.  His clients include large multinational financial services institutions; national trade associations; national and international retailers and QSR’s; manufacturers of well-known consumer brand products, jewelry, food products, apparel, and alcohol beverages; and electronics and technology companies.  Rick also proudly represents a number of local and national not-for-profit organizations in intellectual property matters on a pro bono basis.

Rick’s extensive litigation experience includes proceedings involving trademark, copyright, and advertising disputes before U.S. Federal Courts, the U.S. Patent and Trademark Office, the World Intellectual Property Organization, and the National Advertising Division of the Council of Better Business Bureaus.  Rick also is an experienced mediator in the area of trademark law and has served as an expert witness in cases involving trademark law.

Rick holds several leadership positions within the International Trademark Association (INTA) and the American Bar Association-Intellectual Property Law Section (ABA-IPL) and is a frequent speaker on intellectual property topics across the country.  Rick currently serves as Special Advisor to the Chair of the ABA-IPL Section and recently completed a four year post on Council and was the Past-Chair of the Trademarks Division for the ABA-IPL Section.  He also serves as Vice Chair of the Membership Board and as a member of the CLE Board.  In addition, Rick previously served as the Chair of INTA’s Pro Bono Committee and a member of its Alternative Dispute Resolution Committee and U.S. Legislation Subcommittee where he was engaged in the development of trademark legislation and policy on Capitol Hill and in the United States Patent and Trademark Office.  Rick currently serves on INTA’s Trademark Office Practice Committee (TOPC) and is a member of the INTA PAC Capitol Club.

Actively involved in his community, Rick was twice elected in 2009 and 2013 to the Park Ridge Park District Board of Commissioners.  In 2017, he was elected to the District 64 Park Ridge-Niles School Board where he served as the Board’s President (2019-21) and Vice President (2017-19).  Elected in April of 2021, Rick currently serves as Alderman of Park Ridge’s 6th Ward and serves as Chairman of the City Council’s Public Safety Committee, where he coordinates with the police and fire departments.

Rick serves on the Board of Directors of CASA Lake County and Turning Pointe Autism Foundation and is also active in Chicago’s Italian-American business and civic community.  Rick and his wife, Susan, live in the Chicagoland area where they are raising their five children.  When he’s not serving his clients or community, you can most likely find Rick on a golf course or at a school, sports or church event with his family.

Law Review Articles

  • The Intersection of First Amendment Commercial Speech Analysis and the Federal Trademark Dilution Act: A Jurisprudential
    Roadmap, International Trademark Association, The Trademark Reporter, July-August 2001, Vol. 91, No. 4., page 867.

Professional Accomplishments

  • Ranked by the World Trademark Review to the WTR 1000 for trademark enforcement and litigation each year from 2019-2023.
  • Rated AV(R) PreeminentTM by the Martindale-Hubbell(R) National Law Directory, a peer review for ethical standards and legal ability.  AV(R) PreeminentTM is Martindale-Hubbell’s highest rating.
  • Appointed a Fellow of the American Bar Foundation (2014)
  • Named to the Illinois Super Lawyers(R) Rising Stars for 2010 and 2011, Intellectual Property Law
  • Named to the Illinois Super Lawyers(R) for 2014 through 2023 in Intellectual Property Law
  • Named to Leading Lawyers for 2018 through 2023 in Advertising and Media Law
  • Recipient of the 2012 International Trademark Association Volunteer Service Award For Pro Bono Services
  • Recipient of the 2014 and 2018 Recognition of Outstanding Leadership Contribution by the American Bar Association – Intellectual Property Law Section

Admitted to Practice

  • Illinois (2001)
  • District of Columbia (2002)
  • United States Supreme Court (2006)
  • U.S. Court of Appeals, 6th Cir. (2005)
  • U.S. Court of Appeals, 7th Cir. (2010)
  • U.S. District Court for the Northern District of Illinois (2001)
  • U.S. District Court for the Southern District of Illinois (2018)
  • U.S. District Court for the Southern District of Texas (2011)
  • U.S. District Court for the Eastern District of Wisconsin (2013)
  • U.S. District Court for the District of Colorado (2014)
  • U.S. District Court for the Eastern District of Michigan (2016)

Education

  • Exec. Cert. in Negotiation, 2008, University of Notre Dame, Mendoza College of Business
  • Juris Doctor, 2001, magna cum laude, DePaul University College of Law
    • Order of the Coif (2001)
    • Judicial Extern, Hon. Blanche M. Manning, District Judge, United States District Court for the Northern District of Illinois (2000)
  • Bachelor of Music, 1992, trumpet performance, University of Illinois – Urbana/Champaign

Outreach

Representative Speaking Engagements:

  • 2018 American Bar Association – Intellectual Property Law Section – Spring Conference – Panel Moderator – The Dark Side of Knockoffs
  • 2016 American Bar Association – Intellectual Property Law Section – Spring Conference – Panel Moderator – Expert Survey Evidence
  • 2015 American Bar Association Annual Meeting – Panel Moderator, Four Lanham Act Gold Records in 12 Months by the Supremes: You Keep Us Hang’n On
  • 2015 United States Patent and Trademark Office Entrepreneur Workshop – Catalyze Chicago – Panel Presenter
  • 2013 International Trademark Association Annual Meeting, Panel Presenter, Pro Bono Representation for Trademark Practitioners
  • 2012 American Bar Association Intellectual Property Law Section, Spring Conference; Panel Moderator; Jack and COLA – Top Ten Intellectual Property Myths With Wine & Spirits
  • 2012 American Bar Association Annual Meeting; Presenter; Resurrecting Legacy Brands

Pro Bono:

  • AmeriFace
  • Bugles Across America
  • Active Transportation Alliance
  • Rainbow Hospice
  • The Theraplay Institute
  • Modern Gaelic Productions
  • Life Meets Work
  • The Kalo Foundation
  • Turning Pointe Autism Foundation
  • PicDiversity
  • American Craft Spirits Association
  • Illinois Craft Distillers Association

Non-Profit Board Service

Elected Office

  • City of Park Ridge (2021 – Present) (elected)
    • Alderman, Sixth Ward
      • Chair, Public Safety Committee (2023 – Present)
      • Council Liaison – Zoning Board of Appeals (2022 – Present)
      • Member, Mayor’s Advisory Board (2021 – Present)
      • Chair, Budget and Finance Committee (2021 – 2023)
  • Park Ridge-Niles School District 64 Board (2017 – 2021) (elected)
    • Vice President – 2017-19
    • Board President – 2019-21
  • Park Ridge Park District Board of Commissioners (2009 – 2017) (elected)
    • Board President, Vice-President and Treasurer

Professional Memberships

Member:

International Trademark Association:

  • Trademark Office Practice Committee (TOPC) – 2022 – Present
  • U.S. Legislation Subcommittee – 2006 – 2010; 2018 – 2022
  • Pro Bono Committee – 2012 – 2014; Vice Chair – 2014 – 2016; Chair – 2016 – 2018
  • Madrid System Subcommittee – 2010 – 2012
  • National 2005; ADR Programs Subcommittee – 2004 – 2006
  • Saul Lefkowitz Moot Court Competition, Bench Memo Committee – 2001, 2002, 2003

American Bar Association – Intellectual Property Law Section:

  • Council Member – 2020 – 2023
  • Chair – Trademarks Division – 2018 – 2020
  • Vice Chair – Trademarks Division – 2016 – 2018
  • Chair, Trademark Litigation Committee – 2012 – 2016
  • Vice Chair, Trademark Litigation Committee – 2010 – 2012
  • Editorial Board, Landslide – 2013 – 2018
  • CLE Board – 2015 – 2018, 2023 – Present
  • Membership Board – 2023 – Present (Vice Chair)

Representative cases

U.S. Courts of Appeal

  • Roll Rite Corporation v. Automated Integrated Systems, (USCA 6th Cir.) (Appeal) (Trade Dress Infringement) (Plaintiff-Appellant’s Counsel)

U.S. District Courts

  • Academy Ltd. v. CWGS Group, LLC and Gander Outdoors, LLC, (SD TX) (Trademark and trade dress infringement) (Defendants’ Counsel)
  • Aguila Records, Inc., et. al. v. Nueva Generacion Music Group, Inc., et. al. (ND IL) (Trademark and copyright infringement) (Defendants’ Counsel)
  • Aguila Records, Inc., v. Sergio Federico, et. al. (ND IL) (Trademark and copyright infringement) (Defendants’ Counsel)
  • American RV Centers, LLC v. American RV World LC, Inc. and Robert Maese, Sr., (D NM) (Unfair competition) (Plaintiff’s Counsel)
  • Artland, Inc. v. Midnight Cellars, Inc., (D NJ) (Declaratory Judgment) (Defendant’s Counsel)
  • Candyland, Inc. v. Cornfields, Inc., (D Minn.) (Trademark Infringement) (Defendant’s Counsel)
  • CKE Restaurants, Inc. v. Jack In The Box, Inc., (CD Cal.) (False advertising) (Plaintiff’s counsel)
  • CWI, Inc. v. S&S RV Centre, Inc., (ND IL) (Trademark Infringement) (Plaintiff’s Counsel)
  • Fleetguard, Inc. v. Baldwin Filters, Inc., (ND IL) (Passing Off) (Plaintiff’s Counsel)
  • Hardee’s Food Systems, Inc. v. Joe Menchaca d/b/a/ El Menchaca Restaurant, (D SC) (Declaratory Judgment – Trademark Infringement) (Plaintiff’s Counsel)
  • The North Face Apparel Corp. v. CWGS Group, LLC, et al., (D Del) (Trademark Infringement) (Defendant’s Counsel)
  • Pacific Rim Winemakers, Inc. v. Brutocao Vineyards, Inc., (WD Wa) (Declaratory Judgment – Trademark Infringement) (Counsel for Brutocao Vineyards)
  • Principal Financial Services, Inc. v. 1&1 Mail & Media, Inc., (ED PA) (Trademark Infringement, Dilution and Unfair Competition)
  • Principal Financial Services, Inc. v. Izquierdo, (ND IL) (Trademark Infringement, Dilution and Cybersquatting) (Plaintiff’s Counsel)
  • Principal Financial Services, Inc. v. American Principle Bank, (CD Cal.) (Trademark Infringement) (Plaintiff’s Counsel)
  • Principal Financial Services, Inc. v. Principal Capital Ltd., (ED NY) (Trademark Infringement) (Plaintiff’s Counsel)
  • Principal Financial Services, Inc. v. PFResources, LLC, (D NV) (Trademark Infringement) (Plaintiff’s Counsel)
  • Principal Financial Services, Inc. v. Principle Equity, LLC, (SD TX) (Trademark Infringement) (Plaintiff’s Counsel)
  • Principal Financial Services, Inc. v. Principle Capital Partners, LP and Principle Capital Management, LLC, (SD FL) (Trademark Infringement) (Plaintiff’s Counsel)
  • Principal Financial Services, Inc. v. Principal Construction Corp., (ND IL) (Trademark Infringement) (Plaintiff’s Counsel)
  • Principal Financial Services, Inc. v. Principal Insurance Group, Inc., (SD FL) (Trademark Infringement) (Plaintiff’s Counsel)
  • Principal Financial Services, Inc. v. Principal Lending, Inc. (D NJ) (Trademark Infringement) (Plaintiff’s Counsel)
  • Principal Financial Services, Inc. v. Principal Real Estate, LLC (ND IL) (Trademark Infringement) (Plaintiff’s Counsel)
  • Principal Financial Services, Inc. v. Richard Booy and Safe Financial Strategies LLC (ND IL) (Trademark Counterfeiting) (Plaintiff’s Counsel)
  • Principal Financial Services, Inc. v. BIG Finance and Insurance, Inc., (SD Iowa) (Trademark infringement and unfair competition) (Plaintiff’s Counsel)
  • Principal Financial Services, Inc. v. Principal Funding, (ED Wisc) (Trademark infringement and unfair competition) (Plaintiff’s Counsel)
  • Principal Financial Services, Inc. v. Principal Warranty Corp., (WD Wash) (Trademark infringement and unfair competition) (Plaintiff’s Counsel)
  • Rainbow Play Systems, Inc. v. Backyard Ventures Management, LLC, et. al., (D SD) (False Advertising) (Plaintiff’s Counsel)
  • Rainbow Play Systems, Inc. v. Poli-Tron, Inc., (D SD) (False Advertising) (Plaintiff’s Counsel)
  • RE/MAX International, Inc. v. CBS Corporation, et. al., (D Colo.) (Trademark Dilution, Defamation Resulting In Business Reputation Injury) (Plaintiff’s Counsel)
  • Trustmark Insurance Company v. Principal Financial Services, Inc., (ND IL) (Trademark Infringement) (Defendant’s Counsel)

Trademark Trial and Appeal Board (TTAB)

  • Biological E. Ltd. v. SPC LLC, (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • Carl’s Jr. Restaurants LLC. v  Passalacqua, (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • Carl’s Jr. Restaurants LLC. v  Carl’s Farm Eggs LLC, (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • JohnsonDiversey, Inc. v. SumaScrub, LLC, (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • NPG Records, LLC and Paisley Park Enterprises, LLC v. Brand One, LLC, (TTAB) (Trademark Cancellation) (Plaintiff’s Counsel)
  • NPG Records, LLC and Paisley Park Enterprises, LLC v. Cytognos SL, (TTAB) (Trademark Cancellation) (Plaintiff’s Counsel)
  • NPG Records, LLC and Paisley Park Enterprises, LLC v. Ampro Industries, Inc., (TTAB) (Trademark Cancellation) (Plaintiff’s Counsel)
  • NPG Records, LLC and Paisley Park Enterprises, LLC v.  Great Lakes International Trading, Inc., (TTAB) (Trademark Cancellation) (Plaintiff’s Counsel)
  • NPG Records, LLC and Paisley Park Enterprises, LLC v. Dr. Purple Rain Lab, Inc., (TTAB) (Trademark Cancellation) (Plaintiff’s Counsel)
  • NPG Records, LLC and Paisley Park Enterprises, LLC v. Ferrara Candy Company, (TTAB) (Trademark Cancellation) (Plaintiff’s Counsel)
  • NPG Records, LLC and Paisley Park Enterprises, LLC v. Jiayi Duan, (TTAB) (Trademark Cancellation) (Plaintiff’s Counsel)
  • Principal Financial Services, Inc. v. Moneytree, Inc., (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • Principal Financial Services, Inc. v. American International Group, Inc., (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • Principal Financial Services, Inc. v. Equitrust Life Insurance Company, (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • Principal Financial Services, Inc. v. Continental Properties Company, Inc., (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • Principal Financial Services, Inc. v. OptimumPortfolio.com, LLC, (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • Principal Financial Services, Inc. v. U.S. Nursing Corp., (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • Principal Financial Services, Inc. v. MBNA America Bank, NA, (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • Principal Financial Services, Inc. v. Washington Mutual, Inc., (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • BIG Finance and Insurance, Inc. v. Principal Financial Services, Inc., (TTAB) (Trademark Cancellation) (Defendant’s Counsel)
  • Principal Financial Services, Inc. v. Principals-Only, Inc. (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • River West Brands, LLC v. Hardee’s Food Systems, Inc. (TTAB) (Trademark Cancellation) (Defendant’s Counsel)
  • Trus Joist Macmillan, L.P. v. Shaw Industries, Inc., (TTAB) (Trademark Opposition) (Defendant’s Counsel)
  • Walmart Apollo LLC v. 7 Thrasio Seven Inc., (TTAB) (Trademark Cancellation) (Defendant’s Counsel)
  • The Whitaker Corporation v. E-Net, Inc., (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • The Whitaker Corporation v. Steve Marks, (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • The Whitaker Corporation v. Pepsico, Inc., (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • The Whitaker Corporation v. Superconductor Technologies, Inc., (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)
  • The Whitaker Corporation v. Amp’d Mobile, Inc., (TTAB) (Trademark Opposition) (Plaintiff’s Counsel)

National Advertising Division (NAD)

  • Challenge of Advertising – Rainbow Play Systems, Inc. v. Solowave Design Corporation, (NAD) (Counsel for Rainbow)
  • Challenge of Advertising – The Stanley Works v. American Saw & Manufacturing Co. d/b/a Lenox and Irwin Industrial Tool Company, (NAD) (Counsel for American Saw)
  • Challenge of Advertising – NAD v. Sanford Corporation, (NAD) (Counsel for Sanford Corporation)

Richard B. Biagi

Managing Member

Printable Bio
[email protected]
T: 847.881.2455
F: 847.441.0911

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Neal & McDevitt, LLC

2801 Lakeside Drive, Suite 201

Bannockburn, IL 60015