Timothy P.Fraelich (Tim)

Of Counsel

(T) + 1.216.586.1247

For more than 25 years, Tim Fraelich has been involved in the creation, prosecution, and enforcement of trademarks that are “household names” and among the oldest and most famous trademarks in America. He has successfully represented clients in numerous courts, and before the U.S. Trademark Trial and Appeal Board, in cases involving claims of trademark and trade dress infringement, dilution, unfair competition, deceptive trade practices, and rights of publicity. Tim also assists clients with global trademark clearance, brand development, and portfolio management.

Tim's cases relate to trademarks for a diverse variety of products, including food, banking services, restaurants, appliances, video games, fertilizer, magazines, toys, software, and a wide variety of other products. He has acted as primary outside trademark counsel for BlackBerry, The J.M. Smucker Company, Bravo/Brio Restaurant Group, H. J. Heinz Company, and Hamilton Beach Brands. Tim has assisted these companies in protecting and enforcing their many famous trademarks, and he maintains trademark portfolios consisting of thousands of trademarks registered throughout the world.

Tim is a member of the International Trademark Association. He has been designated an "Ohio Super Lawyer" multiple times. Tim also has been recognized as one of the world's leading trademark professionals by the respected World Trademark Review (2014-2017). He sits on the boards of the Greater Cleveland Council of the Boy Scouts of America and the USO of Northern Ohio. He is a frequent speaker on matters relating to trademark protection and enforcement.

Experience

Zitelli & Brodland sells non-clinical assets to QualDerm
Jones Day advised Zitelli & Brodland, PC in the sale of substantially all non-clinical assets to QualDerm Partners, a private equity backed dermatology practice management company.

J.M. Smucker wins summary judgment in trademark infringement case over pet treats
Jones Day client The J.M. Smucker Company, and its subsidiary Big Heart Pet, Inc., obtained summary judgment over claims for trademark infringement and unfair competition in the United States District Court for the Eastern District of Virginia.

Arctic Glacier U.S.A. successfully resolves litigation involving GLACIER trademark for bagged ice
Jones Day successfully represented Arctic Glacier USA, Inc., the second largest distributor of bagged ice in North America against a competitor, Glacier Water Inc., that had begun using the GLACIER trademark in connection with ice products.

Heinz resolves trademark dispute over hot sauce
Infringement case in which Jones Day client H.J. Heinz Company was accused of using color, trademark and trade dress of Plaintiff's CHOLULA hot sauce.

J.M. Smucker resolves trademark infringement dispute involving crustless sandwich product
Jones Day represented The J.M. Smucker Company in an infringement case involving the trade dress and color of Smucker's UNCRUSTABLES product.

J.M. Smucker enforces iconic jelly and jam lid design against European competitor
Jones Day represented The J.M. Smucker Company in two trademark cases against its principle competitor in Europe, Andros.

J.M. Smucker files infringement suit related to its PURITAN trademark
Jones Day successfully represented The J.M. Smucker Company in a trademark litigation action against River West Brands.

Phylogy defends against tortious interference and trade secret misappropriation charges
On behalf of Phylogy, Inc., Jones Day defended against allegations of tortious interference with contract and trade secret misappropriation.

Eidos Interactive successfully defends against infringement charges involving SNOWBLIND trademark for PlayStation3 video games
Jones Day represented Eidos Interactive Ltd. in litigation where the plaintiff, Snowblind Studios, alleged willful trademark infringement and sought damages and a preliminary injunction against the client over its use of the trademark SNOWBLIND in connection with video games for PlayStation3 and home computers.

Insight Enterprises defeats TRO, gets trade secrets case tossed
Jones Day successfully defeated motions for temporary restraining order and preliminary injunction against Insight Enterprises, Inc. in a case involving its hiring of 13 employees of the plaintiff, one of the Insight Enterprises' competitors.

Additional Publications

  • October 2016What Should I Call My Underwear? A "Brief" Analysis of the Strength of Trademark
  • April 2009New York Appellate Court Finds Sale of Search Engine Keywords Constitutes Trademark Use

Speaking Engagements

  • December 3, 2009Intellectual Property at Home and Abroad
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