Kenneth B. Germain

Wood Herron Evans LLP

Pittsburgh, Pennsylvania 15201


Intellectual Property, Trademark, Unfair Competition

Ken Germain established his credentials as an expert in trademark and unfair competition law (TM/UC Law) many years ago, both in academic and practical arenas.  Early on he was a full-time Law Professor, focusing his research/writing/lecturing on TM/UC Law; later on he has been an Adjunct Professor and a Distinguished Professorial Practitioner/ Fellow—all focusing in TM/UC Law. 

On the practical side, Ken has been involved in many major litigated cases, including two that reached the U.S. Supreme Court: TrafFix 2001 (expert witness for the ultimate winner at the trial level); Moseley v. V-Secret, 2003 (undisclosed co-counsel for the 9-0 winner).  These involvements, directly concerning product design trade dress and federal dilution, respectively, made Ken especially experienced in these two knotty legal topics.  Through the years, he also has served as a legal expert consultant/witness on various other topics, including application/registration practice at the USPTO level, likelihood of confusion, and genericness (and other aspects of distinctiveness).

With regard to ADR, Ken received training in Mediation (provided through International Trademark Assn.) and Arbitration (provided by American Arbitration Assn.).  His ADR method of choice is (Early) Neutral Evaluation, a technique akin to non-binding arbitration.  (See “Getting A Grip . . .” lecture outline.)

Bar Admissions:
Ohio, 1989
California (inactive), 1970

New York University School of Law: J.D. (Associate Editor of the N.Y.U. Law Review)
Rutgers College: A.B. magna cum laude (Elected to Membership in Phi Beta Kappa)

Who’s Who Legal, The International Who’s Who of Trademark Lawyers (2001- )
Chambers USA, America’s Leading Lawyers for Business (2004- )
Ohio Super Lawyers 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013
World Trademark Review, The World’s Leading Trademark Professionals (2014- )
Best Lawyers “Lawyer of the Year 2011” (Intellectual Property Law – Cincinnati)
Best Lawyers “Lawyer of the Year 2012” (Trademark Law – Cincinnati)
Best Lawyers “Lawyer of the Year 2014” (Litigation, IP and Trademark Law – Cincinnati)
Best Lawyers “Lawyer of the Year 2015” (Litigation, IP and Trademark Law – Cincinnati)

Click link for full CV:

441 Vine Street, # 2700
Cincinnati, OH 45202

P: 513-241-2324
E: [email protected]
Expert Testimony Can Strengthen Your Trademark Case
5/17/2016 2:38:31 PM
Description: MAY 27, 2015 The Supreme Court’s B&B v. Hargis decision in March 2015 has made it more important to have the testimony of a legal expert in inter partes proceedings before the Trademark Trial and Appeal Board. The Brave New

Web Site Articles
5/17/2016 3:24:23 PM

Torts Über Trademarks or Trademarks Über Torts: That is the Question
5/17/2016 2:43:12 PM
Description: SEPTEMBER 21, 2015 Ken Germain and Sean Owens revisit the theory of liability of trademark licensors for the torts of their licensees in light of the development of the so-called ‘‘sharing economy.’’ (pdf)