The Grace Building 1114 Avenue of the Americas, New York, NY USA 10036
Jonathan Thomas provides global companies and individuals alike with cost-effective advice and results in complex, high-stakes litigations, transactions, due diligence, and more. He has successfully represented clients in advertising, business torts, contract, copyright, class action, cybersquatting, patent, trademark, trade dress, trade secret, and unfair competition cases in numerous federal and state courts. Jonathan also frequently represents clients in arbitrations and Uniform Dispute Resolution Proceedings, as well as before the Trademark Trial and Appeal Board and the WIPO Arbitration and Mediation Center. In addition to successfully representing clients in court, he works hand-in-hand with clients to minimize the risk of litigation occurring. He regularly counsels clients on advertising, copyright, domain name, trademark, and trade dress availability, clearance, and selection matters. Jonathan also assists clients with developing internal intellectual-property guidelines and practices. To help clients enforce and strengthen their brands, he works with clients to establish “watch” services, and counsels them on all aspects of intellectual property prosecution and maintenance. Jonathan also manages the global intellectual property portfolios of numerous companies.
Jonathan’s practice includes the licensing of domestic and international intellectual-property rights, including copyrights, technical expertise, trademarks, and trade dress. Clients regularly seek his advice on the laws and regulations governing contests, sweepstakes, and promotions throughout the United States. Jonathan’s work in this practice area ranges from advising clients on the Terms and Conditions governing their contests, sweepstakes, and promotions, to the placement of in-store promotional displays. His practice also includes conducting intellectual-property due diligence in connection with mergers and acquisitions, and internal investigations concerning potential fraud and other malfeasance.
Prior to joining the firm, Jonathan was an intellectual property partner in the New York City office of an international law firm.
While attending law school, Jonathan was Chief Articles Editor for the Ohio State Entrepreneurial Business Law Journal.
Jonathan was recognized in 2023 and the five years immediately preceding as a New York “Rising Star” in the area of Intellectual Property by Super Lawyers magazine.
Experience
*Obtained dismissal of Complaint against YouTube in §§ 32, 43(a) trademark and false-advertising action.
*Obtained TRO and PI for 3M in trademark and false-advertising action concerning price-gouging of PPE during COVID-19.
*Defeated TRO sought against organizers of WOODSTOCK festival in §§ 32, 43(a) trademark action concerning cannabis.
*Defeated summary judgment sought against Capri Sun in breach-of-contract and § 32 trademark action.
*Represented Capri Sun in international arbitration, including conducting direct and cross-examinations at hearing.
*Defeated putative false-advertising class action under California law on behalf of Shop LC concerning price discounts.
*Obtained dismissal of putative false-advertising class action under California law on behalf of RCA concerning product-specification claims.
*Successfully struck three putative-expert reports submitted against Blue Bottle Coffee in §§ 32, 43(a) trademark and trade-dress action.
*Recovered numerous domain names for Goya Foods in § 43(d)(2) in rem proceeding.
*Represented Goya Foods in NAD proceeding concerning product-substantiation claims.
*Represented Nespresso USA, Inc. in § 43(a) trade-dress action against Williams-Sonoma.
*Represented Nespresso USA, Inc. in §§ 32, 43(a) trademark and trade-dress action against Peet’s Coffee.
*Represented Nestlé in § 32 trademark actions concerning PERSONA NUTRITION-branded vitamins and supplements.
*Represented Curtis International Ltd. in § 43(a) false-advertising action brought by Epson America concerning lumens ratings.
*Represented the Tournament of Roses Association against the City of Pasadena in § 32 trademark action concerning the ROSE BOWL marks.
*Prevailed at trial on behalf of Pintrips in trademark action.
*Prevailed at trial on behalf of Beam Suntory in trademark action.
*Experience gained by attorney prior to joining Kilpatrick
Insights View All
Advertising Counseling & Disputes
Anti-Counterfeiting & Gray Markets
Brand Licensing & Related Transactions
Copyright Litigation & Counseling
Clearance & Portfolio Management
Ohio State University, Moritz College of Law J.D. (2011) cum laude, CALI Awards
University of Kentucky B.A. (2007) magna cum laude, Varsity cross-country and track-and-field
New York (2012)
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Second Circuit
U.S. District Court for the Central District of Illinois
U.S. District Court for the Eastern District of New York
U.S. District Court for the Eastern District of Wisconsin
U.S. District Court for the Southern District of New York
International Trademark Association (INTA), Member
Non-Traditional Marks Committee, Member (2024-2025)
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