Current Employment Position(s)

Partner

Lawyer Overview

Tim Fraelich's primary area of practice is in intellectual property, with a concentration in trademark infringement and dilution, trade dress protection, unfair competition, deceptive trade practices, and right of publicity law. Tim is co-leader of the Firm's Global Trademark Practice, and he has more than 15 years of experience in global trademark clearance, brand development, trademark prosecution, portfolio management, and client counseling. He has handled litigation in courts throughout the United States dealing with the federal Lanham Act and state statutes dealing with unfair competition, deceptive trade practices, and rights of privacy and publicity. In connection with such matters, he frequently appears in the federal courts and before the United States Trademark Trial and Appeal Board (TTAB). Additionally, Tim frequently drafts employment agreements that include post-employment noncompetition covenants and similar provisions designed to protect the confidential information and trade secrets of clients. Tim has successfully litigated such provisions against former employees of clients on numerous occasions.

Tim has been involved in recent significant cases concerning products such as banking services, beer, video games, drainage pipes, magazines, toys, cutlery, software, and a diverse variety of other consumer products. He is currently primary outside trademark counsel for the H. J. Heinz Company and The J.M. Smucker Company and assists both companies on a daily basis in registering and protecting their numerous famous trademarks and trade dress. Tim recently assisted Heinz in drafting applications to register trade dress relating to its labels and bottles in an effort to protect it from infringement by numerous private label brands seeking to capitalize on the well-known HEINZ trade dress. Tim is also currently acting as trial counsel for Smucker's in a trade dress infringement case in the United States District Court for the Northern District of Ohio that involves trade dress associated with that company's UNCRUSTABLES product.

Tim is an active member of the International Trademark Association (INTA) and sits on INTA's Trademark Administrator's Committee. He is a member of the Ohio and Federal Bar Associations. He has been designated an "Ohio Super Lawyer" in the field of intellectual property litigation for 2005, 2006, and 2007. Tim sits on the executive board of the Greater Cleveland Council of the Boy Scouts of America and on the Champion Township, Ohio Zoning Board of Appeals.

Areas of Practice

• Intellectual Property
• Privacy & Data Security

Representative Cases

• Restraining Order and Preliminary Injunction, (Cuyahoga County Ohio Court of Common Pleas)
• Trademark Infringement (U.S.D.C. Western District of Washington)

West Practice Categories

Copyrights, Intellectual Property Law, International Intellectual Property, Patents, Technology Licensing, Trade Dress, Trade Secrets, Trademarks

Bar Admissions

• Ohio

Education

• Cornell University

Published Works

• New York Appellate Court Finds Sale of Search Engine Keywords Constitutes Trademark Use, 2009

Address

North Point
901 Lakeside Avenue
Cleveland, OH 44114-1190

Phones

1.216.586.1247 (Business Phone)

Faxes

1.216.579.0212 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com