Kenneth B. Germain Esq. , Thompson Hine LLP

Profile:
Ken focuses his practice on trademark counseling, consulting, and litigation. Ken is frequently retained as a legal expert witness on issues relating to trademarks and unfair competition, often working on cases involving some of the nation’s largest, most prestigious companies in high stakes, cutting-edge cases. He has testified in court approximately 15 times. In his role as a consultant, he worked with the winning counsel in connection with the landmark trademark dilution case, Moseley v. V Secret Catalogue (U.S. 2003).

Ken has given over 185 lectures, with three primary topics being recent developments in trademarks/trade dress, trade dress (especially functionality and patent preemption), and dilution (including F.T.D.A.). He has spoken at programs of the ABA, ALI-ABA, APLA/AIPLA, BNA, IPO, PLI, USPTO and USTA/INTA; and at conferences sponsored by many statewide and citywide bar associations.

For years, Ken was a full-time law professor and, since 1989, he has been an adjunct professor at the University of Cincinnati College of Law, teaching trademark-related courses. He has more than twenty published articles, including 4 issues of The Annual Review of U.S. Trademark Law initially published by The Trademark Reporter and reprinted as “The Trademark Law Handbook.”

Ken is “listed” by The Best Lawyers in America; Marquis' Who's Who in American Law; Marquis' Who's Who in the World; Guide to the World's Leading Experts in Trade Mark Law; Who's Who Legal, An International Who's Who of Trademark Lawyers; Who’s Who Legal, The International Who’s Who of Business Lawyers; Chambers USA, America's Leading Lawyers for Business. He has served as a member of: Advisory Council, J. Thomas McCarthy Center for Intellectual Property and Technology Law; Advisory Board, BNA’s Patent, Trademark and Copyright Journal; Board of Advisors, Restatement (Third) of Unfair Competition.

Primary Area of Expertise: Trademark Infringement