About Floyd A. Mandell

Floyd Mandell is the founder of the firm's Intellectual Property department. He has represented some of the world’s most recognizable companies in intellectual property litigation. Few other lawyers have handled as many high-profile cases over the past 20 years involving copyrights, trademarks, trade secrets, trade dress, false advertising and defamation. He has been lead counsel in more than 40 published decisions, many involving novel or cutting-edge issues. On more than one occasion, Floyd has litigated cases with more than $1 billion at stake for his clients.

Widely respected for bet-the-company IP litigation

Floyd has served as lead trial counsel for globally recognized brands in technology (Microsoft Corporation, Yahoo!, Intel, Panasonic, Sanyo, Stripe), food and beverage (PepsiCo/Gatorade, Boar’s Head, Cracker Barrel, Planet Hollywood), retail and fashion (Forever 21, Arcadia Group Limited and its Topshop brand, Tommy Hilfiger, ASICS, Fruit of the Loom), media (Cumulus Media; Westwood One; Times Mirror, Inc.), entertainment (Universal Studios; Universal Music Group; Home Box Office, Inc.; E! Entertainment Television, LLC; Scripps Network), pharma and health care (Bausch & Lomb) and beyond.

Floyd's client relationships frequently span many years, and leading companies turn to him again and again for his business-focused guidance. They trust him with their most significant legal problems. Usually, these are disputes that threaten a famous brand, like the trademark action against PepsiCo over Gatorade's use of a slogan referring to it as "The Sports Fuel Company." Floyd earned a summary judgment victory for PepsiCo, which had been found liable for millions of dollars in a previous similar case. Similarly, Floyd secured a summary judgment victory for Microsoft, affirmed on appeal, involving a claimed infringement arising out of its X-Box product.

Floyd is consistently ranked among the top intellectual property litigators in the United States by Chambers USA, Legal 500, Law360, the National Law Journal, and other outlets. Recognized as a skilled mediator and arbitrator, he is a member of the Panel of Neutrals for the Alternative Dispute Resolution Program sponsored by the International Trademark Association. He is on the list of mediators/arbitrators recommended by the US District Court for the Northern District of Illinois for Lanham Act cases.

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"Floyd's vast knowledge and commercial awareness gives us complete confidence from the very beginning that our case will be resolved in our favor." "Floyd is strategic and creative in crafting winning arguments. He has incredible business judgment, which he incorporates into his legal advice."

Chambers USA 2023
(Illinois, Intellectual Property: Trademark, Copyright & Trade Secrets) survey response

Practice Focus

  • Intellectual property and unfair competition counseling and litigation
  • Technology and privacy disputes including defense of privacy-related class action cases
  • False advertising
  • Entertainment and First Amendment litigation
  • Defamation, libel and trade libel cases
  • Mediation and arbitration

Representative Experience

  • Adidas America, Inc., et al. v. Forever 21, Inc., 3:17-cv-00377 (C.D. Oregon, pending). 
  • The Breakfast Klub, Inc. v. 1600 Breakfast Club, LLC d/b/a The Breakfast Club, and JOHN DOES 1-10, (CD Cal 2022).
  • Visier, Inc. v Google LLC (ND Cal 2022).
  • F21 OpCo LLC vs. AirWair International Ltd., (CD Cal 2021).
  • CircuitLife, LLC v. Percussionaire Corp. et al. (SD Tex 2021).
  • InFlight Dublin, Inc. v. Astronics Corporation, et, al. (ND Ill 2020).
  • James MacDonald v. Matthew Erich “Mancow” Muller, Cumulus Media, Inc. d/b/a WLS Radio, and JOHN DOES (Circuit Court Ill), 2019.
  • SportFuel Inc. v. PepsiCo Inc., et al., No. 18-3010 (7th Cir. Aug. 2, 2019).
  • Toni Basil v. Disney, Kohl's, Forever 21, 126 U.S.P.Q.2d 1046 (C.D. Cal. 2018).  
  • Microsoft Corporation v. Community Health Systems, Inc., 3:18-cv-00291 (D. Tenn. 2018).  
  • ABS Entertainment, Inc. v. Cumulus Media Inc., et al., 1:15-cv-06806 (S.D.N.Y. 2018).  
  • Dermfx, Inc. v. Obagi Medical Products, Inc., 2017 WL 2684548 (C.D. Cal. 2017).            
  • Peter Ludlow v. Sun-Times Media LLC, et al., 14 L 1529 (Ill. App. Ct. 1st Dist. 2015).
  • E.G. Ground Management v. YCharts and Morningstar, CV15-00055 (C.D. Cal. 2015), motion to dismiss granted.
  • Berkley Networks Corporation v. Inmarket Media, LLC, et al., 2014 WL 8332290 (S.D.N.Y. 2015). 
  • Stuart J. Kaufman, M.D. & Associates, P.A. v. Bausch & Lomb Inc., WL 6154166 (M.D. Fla. 2013).
  • Agave Loco LLC v. Sazerac North America, Inc., et al., 107 U.S.P.Q.2d 1270 (N.D. Ill. 2013).     
  • Kinbook, LLC v. Microsoft Corp., 866 F. Supp. 2d 453 & WL 246291 (E.D. Pa. 2012). Kinbook, LLC v. Microsoft Corp., 490 F. App'x. 491 (C.A.3 (Pa.) 2013). AFFIRMED.
  • Braddock v. Angelina Jolie, WL 2282219 (N.D. Ill. 2012).
  • Arcadia Group Brands Ltd. v. Studio Moderna SA, WL 3584469 (N.D. Ill. 2011).
  • E! Entertainment Television, Inc. v. Entertainment One GP Ltd., 363 F. App'x. 510 (C.A.9 (Cal.) 2010).
  • Roxbury Entertainment v. Penthouse Media Group, Inc., 669 F. Supp. 2d 1170 (C.D. Cal. 2009).
  • Karl Storz GMBH & Co. KG v. Bausch & Lomb Inc., 345 F. App'x. 579 (C.A.Fed. 2009).
  • GTFM, LLC v. Universal Studios, Inc., WL 1377048 (S.D.N.Y. 2006).    
  • In re Aimster Copyright Litigation, 334 F.3d 643 (C.A.7 (Ill.) 2003).
  • Planet Hollywood v. Hollywood Casino, 80 F. Supp. 2d 815 (N.D. Ill. 1999). 

News

Publications

Presentations and Events

Practices
Industries
Education
  • University of Illinois College of Law, JD
  • Northern Illinois University, BA
Bar Admissions
  • Illinois
Community Involvements
  • American Bar Association, Intellectual Property and Litigation Sections
  • Intellectual Property Law Association of Chicago
  • International Trademark Association, Mediation Panel Co-Chair, Mediation Panel Member for the Federal Court in Chicago
  • Panel of Neutrals for the US District Court for the Northern District of Illinois
  • Panel of Trademark Mediators, Selection Committee
  • Patent Law Association of Chicago
Recognitions
Recognized or listed in the following:
  • AV Preeminent Peer Review Rating by LexisNexis Martindale-Hubbell
  • Best Lawyers in America
    Litigation - Intellectual Property, 2010–2024
    Trademark Law, 2020–2024
    Lawyer of the Year
    Trademark Law, Chicago, 2021
  • Best of the Best USA Expert Guide
    Top 30 Trade Mark Practitioners in the USA, 2019
  • Chambers USA
    Intellectual Property, 2005–2020
    Intellectual Property: Trademark, Copyright & Trade Secrets, 2021–2023
  • Global IP Star
    2018
  • Intellectual Asset Management
    IAM Strategy 250, 2009–2011
    IAM Strategy 300, 2012–2014
  • International Law Office
    Client Choice Award
    Intellectual Property Law, 2011
    Intellectual Property: Trademarks - Illinois, 2016
  • Katten Muchin Rosenman LLP Pro Bono Service Award
    2014
  • Law360
    MVP - Intellectual Property, 2012, 2019
    10 Most Admired Intellectual Property Attorneys, 2010
  • Lawdragon
    Lawdragon 500, 2010-2013
  • Leading Lawyers Network
  • Legal Media Group
    Guide to the World's Leading Trademark Practitioners
  • Managing Intellectual Property
    IP Star – Trademark, 2013–2023
    Litigator of the Year, Illinois – Finalist, 2022
  • National Law Journal
    Top 50 Intellectual Property Trailblazers & Pioneers, 2014
  • Super Lawyers
    Illinois, 2005–2023
  • The Legal 500 United States
    Recommended Attorney, 2012–2022
  • Thomson Reuters
    Stand-out Lawyer, 2022–2023
  • Who's Who Legal
    Trademarks, 2013–2017
  • World Intellectual Property Review
    WIPR Leaders, 2017–2018
  • World Trademark Review 1000
    National, 2011–2023
    Illinois, 2011–2023
  • WTR Global Leaders
    United States: Illinois, 2020
Award Methodologies