Litigation - Intellectual Property Trademark Law
Michael G. Kelber
Recognized in Best Lawyers since 2016 Awarded Practice Areas
Biography
Michael, chair of the firm’s Intellectual Property practice group, provides strategic counsel to established enterprises and entrepreneurs concerning the development and protection of extensive global intellectual property portfolios. He represents clients from a wide range of industries, including consumer electronics, restaurants, retail housewares, beverage manufacturing, software, entertainment and a variety of technology-focused industries.
Michael has served as lead counsel in trials before state and federal courts throughout the country, and he represents clients in all phases of complex copyright, trademark and patent disputes. Michael also develops proactive risk management strategies that enable brand portfolios to successfully launch and evolve, avoid costly litigation, and overcome intellectual property attacks with a pre-designed litigation strategy.
Michael has prepared and prosecuted thousands of successful U.S. and foreign patent and trademark applications covering numerous brands, products and designs. He frequently negotiates and prepares critical agreements connected to his clients’ portfolios, including patent, trademark and software development licenses, information technology and development agreements, music and book publishing agreements, and film production and distribution agreements.
Before his legal career, Michael worked for a large communications company for six years managing all of its Midwest and Northwest internal office telecommunications needs. This practical business experience has given him valuable insight into how concise communication, risk assessment and pooling resources are critical to enabling clients to make sound business and legal decisions.
Michael has been recognized as a leader in Chambers USA: America’s Leading Lawyers for Business (recommended in Intellectual Property) from 2017-2020 and (recommended in Intellectual Property: Trademark, Copyright & Trade Secrets) since 2021. Since 2019, Michael has been recognized by The Legal 500 United States in Trademark Litigation and a World Trademark Review Global Leader. He has also been recognized as an Illinois Super Lawyer as well as by The Best Lawyers in America since 2016. Michael has also been has also been selected for inclusion in the World Trademark Review 1000 for “Trademark Enforcement and Litigation” and “Trademark Prosecution and Strategy” since 2014.
Overview
- Chicago-Kent College of Law at IIT, J.D., graduated 1996
- University of Illinois at Urbana–Champaign, B.S., graduated 1989
- Illinois, Illinois State Bar
- U.S. Supreme Court
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Northern District of Illinois (Trial Bar)
- U.S. District Court for the Northern District of California
- U.S. District Court for the Central District of California
- U.S. District Court for the Southern District of California
- U.S. District Court for the Southern District of Ohio
- U.S. District Court for the District of Colorado
- U.S. District Court for the Southern District of Florida
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the District of Minnesota
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of Texas
- U.S. Department of Commerce - Patent and Trademark Office
- Illinois, Illinois State Bar
- Chicago-Kent College of Law at IIT, J.D., graduated 1996
- University of Illinois at Urbana–Champaign, B.S., graduated 1989
- U.S. Supreme Court
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Northern District of Illinois (Trial Bar)
- U.S. District Court for the Northern District of California
- U.S. District Court for the Central District of California
- U.S. District Court for the Southern District of California
- U.S. District Court for the Southern District of Ohio
- U.S. District Court for the District of Colorado
- U.S. District Court for the Southern District of Florida
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the District of Minnesota
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of Texas
- U.S. Department of Commerce - Patent and Trademark Office
Client Testimonials
Awards & Focus
Recognized in The Best Lawyers in America® 2026 for work in:
- Litigation - Intellectual Property
- Trademark Law
Additional Areas of Practice:
- Copyright Law
- Litigation - Patent
- Patent Law
News & Media
Additional Information
Case History
Cases
- GI Sportz, Inc. v. Valken, Inc. (D. N.J.)
Won a preliminary injunction against Valken Inc. prohibiting the sale or offer for sale of paintballs of similar appearance to GI Sportz’s Marballizer® paintballs.
- GI Sportz, Inc. v. APX Gear, LLC (C.D. Cal.)
Upon appeal to the U.S. Court of Appeals for the Ninth Circuit, won complete reversal regarding a trade dress infringement claim, paving the way for pursuit of a preliminary injunction.
- Heartland Consumer Products LLC v. Dine Brands Global (S.D. Ind.)
Defended trademark lawsuit brought by Heartland against Dine Brands Global, IHOP, and Applebee’s accusing infringement of yellow packaging and Splenda sucralose trademark. In defending, NGE attacked the Splenda mark and yellow packaging trade dress as being generic and functional. The case was settled on terms favorable to our client in 2018.
- Sweet Pete's LLC v. Sugarfina LLC (C.D. Cal)
NGE represented defendant Sweet Pete’s LLC of Florida in a matter filed in the Central District of California alleging trademark and trade dress infringement brought by candy retailer Sugarfina LLC. The parties settled the case favourably for NGE's client.
- Beats Electronics LLC. v. Fanny Wang Headphone Company Inc. (N.D. Cal.)
Obtained a favorable settlement in a product configuration trade dress infringement case over audio headphones.
- Neuros Co., Ltd. et al. v. Kturbo, Inc. (N.D. Ill.)
Obtained a favorable victory at trial on several counts for a supplier of turbo blowers against allegations of unfair competition and defamation.
- Snap-On Incorporated v. Robert Bosch, LLC. (N.D. Ill.)
Successfully defended a manufacturer of automotive technology products against a temporary restraining order in a patent infringement case.
- World Impressions, Inc. v. Disney Enterprises, Inc. and McDonald’s Corporation (N.D. Ill.)
Prevailed on summary judgment and secured award of attorneys’ fees in this case involving unfair competition, dilution, anticybersquatting, copyright infringement and related state claims case.
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