Intellectual Property, Marketing and Information Technology Law | Neal & McDevitt

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RICHARD B. BIAGI
EMPLOYMENT HISTORY Member, Neal & McDevitt, LLC (1999 - Present) Rick Biagi joined Neal & McDevitt as a law clerk in the summer of 1999 and was promoted to Associate in May 2001 and Member in January of 2007. Ricks practice includes counseling clients in the areas of selection, adoption, use and protection of trademarks and domain names, the registration of copyrights and trademarks on a worldwide basis, licensing, advertising and promotions law compliance. Ricks extensive litigation experience includes proceedings involving intellectual property 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.

rbiagi@nealmcdevitt.com Direct Dial : 847.881.2455 Fax : 847.441.0911

Richard B. Biagi online at

visit superlawyers.com

Adjunct Professor of Law, DePaul University, College of Law (2006 2007) Rick Biagi joined DePaul University, College of Law as an adjunct professor in the Fall of 2006 where he has taught a course entitled Advanced Trademarks. Rick also continues to serve as a regular lecturer on trademark and advertising law for the Technology and Intellectual Property Legal Clinic at DePaul. Project Manager, Hewitt Associates, LLC (1996-1998) Rick Biagi joined Hewitt as a Technology Analyst for a large scale electronic document imaging project. Rick was later promoted to Project Manager where his responsibilities included managing a project team for firm-wide document management solution, managing vendor selection, drafting requests for proposals, organizing training and designing internal workflows for software implementation. Technology Consultant, Southwestern Bell Mobile Systems(1992-1996) Rick Biagi joined SBMS as an Account Executive managing small and medium-sized business accounts in the Chicago market. Rick was later promoted to Technology Consultant. His responsibilities included providing technology consulting to large and medium sized business clients, negotiating vendor relationships, directing marketing of wireless data communications products and training corporate sales staff. EDUCATIONAL DATA Exec. Cert. in Negotiation, 2008, University of Notre Dame, Mendoza College of Business J.D., 2001, magna cum laude, DePaul University College of Law B.Music, 1992, University of Illinois - Urbana/Champaign BAR ADMISSIONS 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 Texas (2011) PROFESSIONAL ACTIVITIES International Trademark Association , Saul Lefkowitz Moot Court Competition, Bench Memo Committee - 2001, 2002, 2003; National 2005; ADR Programs Subcommittee 2004 - 2006; U.S. Legislation Subcommittee 2006 - 2009; Madrid System Subcommittee - 2010 - Present. American Bar Association - Intellectual Property Law Section - Trademark Litigation Committee - 2010 - Present

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Member:

International Trademark Association (INTA) American Bar Association (ABA) Illinois State Bar Association (ISBA) Business Marketing Association (BMA) The Justinian Society of Lawyers DePaul University College of Law CIPLT Advisory Board Order of the Coif Knights of Columbus, Council Officer Union League Club of Chicago The Wine Institute Family Winemakers of California Illinois Grape Growers and Vitners Association Thomas More Law Center AmeriFace Bugles Across America Chicagoland Bicycle Federation Rainbow Hospice

Pro Bono:

AWARDS AND RECOGNITION Named to the Illinois Super Lawyers(R) Rising Stars for 2010 and 2011, Intellectual Property Law PUBLIC OFFICE Commissioner, Park Ridge Recreation and Park District; Treasurer (2009); Vice President (2010) Elected in the April 7, 2009 General Election for the term of 2009 - 2013 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. REPRESENTATIVE CASES AND TRIALS Aguila Records, Inc., et. al. v. Nueva Generacion Music Group, Inc., et. al. (USDC NDIL) (Trademark and copyright infringement) (Defendants' Counsel) Aguila Records, Inc., v. Sergio Federico, et. al. (USDC NDIL) (Trademark and copyright infringement) (Defendants' Counsel) American RV Centers, LLC v. American RV World LC, Inc. and Robert Maese, Sr., (USDC NM) (Unfair competition) (Plaintiffs Counsel) Artland, Inc. v. Midnight Cellars, Inc., (USDC DNJ) (Declaratory Judgment) (Defendant's Counsel) The Butcher Company v. Ecolab, Inc., (TTAB) (Trademark Opposition) (Plaintiff's Counsel) CKE Restaurants, Inc. v. Jack In The Box, Inc., (CD Cal.) (False advertising) (Plaintiffs counsel) Columbia Insurance Company v. Midland International Tileworks, (TTAB) (Trademark Cancellation) (Plaintiffs Counsel) Cornfields, Inc. v. Adeena Weiss, (TTAB) (Trademark Opposition) (Opposer's Counsel) DIRECTV, Inc. and Hughes Electronics Corporation v. United Online, Inc., (TTAB) (Trademark Opposition) (Plaintiffs Counsel) DIRECTV, Inc. v. Skyvision, Inc., (TTAB) (Trademark Opposition) (Plaintiff's Counsel) Extended Stay America, Inc. v. Matrix Lodging, LLC, (TTAB) (Trademark Opposition) (Defendant's Counsel)

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FirstGroup America, Inc. v. School Bus Safety Company, et. al. (SD Ohio) (Copyright Infringement) (Plaintiff's Counsel) Fleetguard, Inc. v. Baldwin Filters, Inc., (ND Illinois) (Passing Off) (Plaintiff's Counsel) Hardee's Food Systems, Inc. v. Joe Menchaca d/b/a/ El Menchaca Restaurant, (D South Carolina) (Declaratory Judgment - Trademark Infringement) (Plaintiff's Counsel) HealthCalc.Net, Inc. v. Healthcare Quality Insights, Inc., (TTAB) (Trademark Cancellation) (Defendant's Counsel) Jaguar Cars Limited v. Jag Auto Group, Inc., (ND Illinois) (Trademark Infringement, Dilution, Unfair competition) (Plaintiff's Counsel) Joe Menchaca d/b/a El Menchaca Restaurant v. Carolina Food Systems, Inc. and Hardee's Food Systems, Inc., (Court of Common Pleas, South Carolina) (Trademark Infringement and Unfair Competition) (Defendants Counsel) JohnsonDiversey, Inc., et. al., v. Maxill, Inc., (Canada) (Trademark Infringement) (Plaintiff's Counsel) JohnsonDiversey, Inc. v. SumaScrub, LLC, (TTAB) (Trademark Opposition) (Plaintiffs Counsel) Land Rover v. Landrunner, Inc., (TTAB) (Trademark Opposition) (Plaintiff's Counsel) Midnight Cellars, Inc. v. Canandaigua Wine Company, Inc., (TTAB) (Trademark Cancellation) (Plaintiffs Counsel) Pacific Rim Winemakers, Inc. v. Brutocao Vineyards, Inc., (WD Wa) (Declaratory Judgment - Trademark Infringement) (Counsel for Brutocao Vineyards) Persis International, Inc. and Edward Richards v. Burgett, Inc., (USDC ND IL) (Trademark Infringement) (Plaintiffs' Counsel) Persis International, Inc. and Edward Richards v. America Sejueng, Inc. ,et. al, (USDC ND IL) (Trademark Infringement) (Plaintiffs' Counsel) Principal Financial Services, Inc. v. American Principle Bank, (CD Cal.) (Trademark Infringement) (Plaintiff's Counsel) Principal Financial Services, Inc. v. Blair Russell, (WIPO - UDRP) (Domain Name Dispute) Principal Financial Services, Inc. v. U.S. Nursing Corp., (TTAB) (Trademark Opposition) (Plaintiffs Counsel) Principal Financial Services, Inc. v. Continental Properties Company, Inc., (TTAB) (Trademark Opposition) (Plaintiffs Counsel) Principal Financial Services, Inc. v. OptimumPortfolio.com, LLC, (TTAB) (Trademark Opposition) (Plaintiffs 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, (USDC SD FL) (Trademark Infringement) (Plaintiff's Counsel) Principal Financial Services, Inc. v. Principal Construction Corp., (ND Ill.) (Trademark Infringement) (Plaintiffs Counsel) Principal Fiancial 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. Principals-Only, Inc. (TTAB) (Trademark Opposition) (Plaintiffs Counsel) Principal Financial Services, Inc. v. MBNA America Bank, NA, (TTAB) (Trademark Opposition) (Plaintiffs Counsel) Principal Financial Services, Inc. v. Washington Mutual, Inc., (TTAB) (Trademark Opposition) (Plaintiffs Counsel)

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Principal Financial Services, Inc. v. HostMonster, Inc., (WIPO - UDRP) (Domain Name Dispute)(Plaintiffs Counsel) Principal Financial Services, Inc. v. Moniker Online Services, LLC, (WIPO - UDRP) (Domain Name Dispute) (Plaintiffs Counsel) BIG Finance and Insurance, Inc. v. Principal Financial Services, Inc., (TTAB) (Trademark Cancellation) (Defendants Counsel) Principal Financial Services, Inc. v. BIG Finance and Insurance, Inc., (S.D. Iowa) (Trademark infringement and unfair competition) (Plaintiffs Counsel) Pioneer Kabushiki Kaisha v. Hitachi High Technologies America, Inc., (TTAB) (Trademark Opposition) (Defendant's Counsel) Rainbow Play Systems, Inc. v. Backyard Ventures Management, LLC, et. al., (USDC SD) (False Advertising) (Plaintiffs Counsel) Rainbow Play Systems, Inc. v. Poli-Tron, Inc., (USDC SD) (False Advertising) (Plaintiffs Counsel) Rainbow Play Systems, Inc. v. Spiral Matrix (WIPO - UDRP) (Counsel for Rainbow Play Systems, Inc.) Rainbow Play Systems, Inc. v. Robin Milford (WIPO - UDRP) (Counsel for Rainbow Play Systems, Inc.) RE/MAX International, Inc. v. CBS Corporation, et. al., (D. Colo.) (Trademark Dilution, Defamation Resulting In Business Reputation Injury) (Plaintiff's Counsel) The Road Less Traveled, Inc. v. Consumer Products Design, Ltd., (TTAB) (Trademark Opposition) Roll Rite Corporation v. Automated Integrated Systems, (USCA 6th Cir.) (Appeal) (Trade Dress Infringement) (Plaintiff-Appellants Counsel) River West Brands, LLC v. Hardees Food Systems, Inc. (TTAB) (Trademark Cancellation) (Defendants Counsel) Siemens Medical Solutions USA, Inc. v. Accuscan Health Imaging, LLC, (D. Utah) (Trademark Infringement, Dilution and Unfair Competition) (Plaintiff's Counsel) Snee Chemical Company v. The Butcher Company, (TTAB) (Trademark Opposition) (Defendant's Counsel) Trus Joist Macmillan, L.P. v. Shaw Industries, Inc., (TTAB) (Trademark Opposition) (Defendant's Counsel) Trustmark Insurance Company v. Principal Financial Services, Inc., (ND IL) (Trademark Infringement) (Defendant's Counsel) V&S Vin & Sprit AB v. Wild Pitch Records EMI, Inc., et al., (CD California) (Trademark Infringement, Dilution, Unfair Competition and Copyright Infringement) (Plaintiff's Counsel) Universal Beauty, Inc. v. Summit Laboratories, Inc., (Cir. Ct. Cook Cty.) (Trade Secret Misappropriation) (Plaintiffs 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) (Plaintiffs counsel) The Whitaker Corporation v. Ampd Mobile, Inc., (TTAB) (Trademark Opposition) (Plaintiffs Counsel) The Whitaker Corporation v. United Global W & C Inc., (Canada) (Trademark Opposition) (Plaintiffs Counsel) Challenge of Advertising - Rainbow Play Systems, Inc. v. Solowave Design Corporation, (NAD) (Counsel for Rainbow)

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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)

2008 Neal & McDevitt, LLC

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