ADR Systems

Neutrals

Wendi E. Sloane, Esq.

Illinois

Wendi E. Sloane, Esq. is well-versed in alternative dispute resolution, both as an advocate handling mediations and arbitrations and as a mediator and arbitrator herself. Specializing in non-utility patent intellectual property law, Ms. Sloane has extensive experience in the areas of copyright, trademark and trade secret law, as well as corporate transactions and commercial disputes.

Types of Cases Resolved

  • Copyright
  • Intellectual Property
  • Patent
  • Trade Secrets
  • Trademark

ADR Experience and Qualifications

  • 31-year legal career, currently at Barrack Ferrazzano Kirschbaum & Nagelberg, LLP, 1986-present, including as Partner from 1988-present, and as head of Intellectual Property Group, 2005-present; formerly at Kirkland & Ellis, 1982-1986;
  • Litigated numerous intellectual property disputes, including trademark infringement, trade dress infringement, design patent infringement, misappropriation of trade secrets, false advertising claims, and right of publicity claims
  • Litigated numerous commercial disputes, including breach of contract, commodities and securities claims, and professional liability claims
  • Involved in numerous intellectual property-based transactions
  • Completed basic and advanced mediation training, International Trademark Association, 2012-2013
  • Former Mediator, Chicago Mercantile Exchange, 1991-2012
  • Former Mediator, National Futures Association, 1991-2012

Representative Cases

  • Intellectual Property Acquisition & Counseling: Luxury Goods:   Represented various divisions of LVMH in the intellectual property aspects of their acquisitions, including BlissSpa, Fresh, Inc. Benefit Cosmetics, Urban Decay, Donna Karan, Belvedere Vodka and Ole Henriksen; conducting and overseeing the intellectual property-related due diligence activityand negotiating and drafting the intellectual property-related provisions of the transaction documents
  • Moët Hennessy USA, Inc. v.  Ace of Spades Holdings, LLC, (S.D.N.Y):  Represented Moët Hennessy USA, Inc. in a false advertising claim, settling on favorable confidential terms
  • Louis Vuitton Malletier S.A. v. Hyundai Motor Co.(S.D.N.Y.):   Represented Louis Vuitton in a trademark infringement and dilution action, and 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, settling on favorable 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, obtaining 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, obtaining not only a consent injunction but also the defendant’s agreement to pay the legal fees
  • Zodiak Spirits, Inc. v. Moet Hennessy U.S.A. (E.D. Michigan):  Defending Moët Hennessy in a trademark infringement action, settling on favorable 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, settling on favorable and 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, resolving 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; settling the lawsuit on favorable confidential terms
  • Cintas Corp. v. America West Airlines, Inc.(N.D. Ill.):  Defended America West Airlines in a case alleging misappropriation of trade, settling on favorable and 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, recovering 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, resolving the case favorably with dismissal of the claimant’s damage claim in full
  • 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, successfully obtaining dismissal of the third-party complaint against Bank of America

Professional Activities and Awards

  • International Trademark Association (INTA) Reporter Committee
  • American Intellectual Property Law Association (AIPLA) Trademark Internet Committee
  • Corporate Woman of Achievement by the National Association of Women Business Owners (NAWBO Chicago Chapter)
  • Selected, Illinois Super Lawyers

Presentations and Publications

  • Speaker, ‘Complying with Labor Laws and Right of Publicity Statutes,’ Fashion Law Society & the Center for Intellectual Property, Information and Privacy Law: Second Annual Fashion and Design Law Symposium
  • Author, ‘Client Alert: Manufacturers & Retailers: Be Aware of the Legal Risks Involved in Online Reviews’
  • Author, ‘Client Alert: Trademark Owners: Prepare for Launch of New Generic Top-Level Domain Program’
  • Author, ‘Client Alert: Protect Your Trademark from Registration as a .XXX Domain’
  • 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
  • Speaker, 2013 Annual Meeting of the International Trademark Association, “The Benefits and Limitations of Advertising Injury Insurance”
  • Speaker, Trademark Litigation: “A 2013 Update,” live webcast
  • Speaker, Ethics in IP Enforcement
  • Table Topic Moderator, 2013 International Trademark Association Annual Meeting, “What Every Trademark Lawyer Should Know About Advertising Injury Insurance”
  • Lecturer, Chicago Kent School of Law, Graduate Program in Financial Services, on “Director and Officer Liability Issues”

Education

  • J.D., The University of Chicago Law School
  • B.A., Brown University, 1979, magna cum laude

Admissions

  • Illinois State Bar
  • U.S. Supreme Court
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Second Circuit Court of Appeals
  • U.S. District Court for the Northern District of Illinois, Seventh Circuit Court of Appeals
  • U.S. District Court for the Eighth Circuit Court of Appeals
  • U.S. Court of Appeals – Federal Circuit

ADR Systems continues to be the most professional dispute resolution service in the Cook County area.

Miles Dore, Esq.Partner, Cifelli, Scrementi, & Dore, Ltd.