About Floyd A. Mandell

Floyd Mandell is the national co-chair and 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), 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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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

  • SportFuel Inc. v. PepsiCo Inc., et al., No. 18-3010 (7th Cir. Aug. 2, 2019).
  • Adidas America, Inc., et al. v. Forever 21, Inc., 3:17-cv-00377 (C.D. Oregon, pending). 
  • Toni Basil v. Disney, Kohl's, Forever 21, 126 U.S.P.Q.2d 1046 (C.D. Cal. 2018).  
  • Dermfx, Inc. v. Obagi Medical Products, Inc., 2017 WL 2684548 (C.D. Cal. 2017).            
  • ABS Entertainment, Inc. v. Cumulus Media Inc., et al., 1:15-cv-06806 (S.D.N.Y. 2018).  
  • 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).
  • Braddock v. Angelina Jolie, WL 2282219 (N.D. Ill. 2012).
  • 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.
  • 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).
  • Agave Loco LLC v. Sazerac North America, Inc., et al., 107 U.S.P.Q.2d 1270 (N.D. Ill. 2013).     
  • Microsoft Corporation v. Community Health Systems, Inc., 3:18-cv-00291 (D. Tenn. 2018).  
  • Planet Hollywood v. Hollywood Casino, 80 F. Supp. 2d 815 (N.D. Ill. 1999).