Emily Kappers
Overview
Emily Kappers is a counsel in Crowell & Moring’s Chicago office and a member of the firm’s Intellectual Property Group. She represents national and international companies in trademark counseling and litigation matters. Her practice covers trademark, trade dress, false advertising, copyright, and unfair competition.
Career & Education
- University of Illinois at Urbana-Champaign, B.A., communication, english, 2011
- DePaul University, J.D., Certificate in Intellectual Property, cum Laude, 2015
- Illinois
- U.S. District Court for the Northern District of Illinois
Professional Activities and Memberships
- International Trademark Association, Emerging Issues Committee
- Chicago Women in IP, Chair of the Annual Dinner Committee
- Ravinia Associates Board, Sponsorship Chair and Executive Board Member
Emily's Insights
Client Alert | 3 min read | 10.15.24
Can False Claims of Patent Protection Land You in the False Advertising Dawg(s) House?
The Federal Circuit recently held that a claim that a product is protected by patents when it is not may constitute false advertising. Defendants in this case, Dawgs Inc., accused the makers of Crocs of using the terms “patented,” ‘proprietary,” and “exclusive” in its advertising in a manner that misled consumers about the nature, characteristics, or qualities of its own products and the products of its competitors. Specifically, Dawgs alleged that Crocs made promotional statements that a patent covers its Croslite shoe material, that Croslite has numerous tangible benefits found in all of Crocs’ shoe products and that, because Croslite is “patented,” others’ products lack these same benefits. Crocs, Inc. v. Effervescent, Inc., No. 2022-2160, 2024 U.S. App. LEXIS 25001 (Fed. Cir. Oct. 3, 2024).
Firm News | 8 min read | 08.15.24
Blog Post | 07.26.24
Authorities Go for Gold on Fake Fashion Enforcement as Paris Olympics Begin
Recognition
- Legal 500 United States, Trademarks: Non-Contentious (including Prosecution, Portfolio Management and Licensing), Recommended Lawyer, 2023
- Best Lawyers: Rising Star, 2021-2023
- Illinois Super Lawyers: Rising Stars, 2019 – 2023
- Managing Intellectual Property IP Stars: Illinois Rising Star, 2020 – 2022
- Best Lawyers: Women in Law "Ones to Watch" for IP, 2022
Emily's Insights
Client Alert | 3 min read | 10.15.24
Can False Claims of Patent Protection Land You in the False Advertising Dawg(s) House?
The Federal Circuit recently held that a claim that a product is protected by patents when it is not may constitute false advertising. Defendants in this case, Dawgs Inc., accused the makers of Crocs of using the terms “patented,” ‘proprietary,” and “exclusive” in its advertising in a manner that misled consumers about the nature, characteristics, or qualities of its own products and the products of its competitors. Specifically, Dawgs alleged that Crocs made promotional statements that a patent covers its Croslite shoe material, that Croslite has numerous tangible benefits found in all of Crocs’ shoe products and that, because Croslite is “patented,” others’ products lack these same benefits. Crocs, Inc. v. Effervescent, Inc., No. 2022-2160, 2024 U.S. App. LEXIS 25001 (Fed. Cir. Oct. 3, 2024).
Firm News | 8 min read | 08.15.24
Blog Post | 07.26.24
Authorities Go for Gold on Fake Fashion Enforcement as Paris Olympics Begin
Insights
Three Key Challenges For Companies Entering The Metaverse
|September-October 2023
The Legal Technologist
Three Key Challenges for Companies Entering the Metaverse
|05.24.23
Retail in the Metaverse and Beyond
Expanding The Runway: What Fashion Brands Need To Know About Entering The Metaverse
|05.16.23
World Trademark Review
A Lawsuit Over Products Marketed as “100% Recyclable” Has Lessons for Fashion
|08.15.22
The Fashion Law
Northern District of California Wipes Away EYECONIC / EYE-CONIC Trademark Litigation
|09.23.24
Crowell & Moring’s Retail & Consumer Products Law Observer
Authorities Go for Gold on Fake Fashion Enforcement as Paris Olympics Begin
|07.26.24
Crowell & Moring’s Retail & Consumer Products Law Observer
Keepin’ it Real: It’s National Anti-Counterfeiting Month
|07.19.24
Crowell & Moring’s Retail & Consumer Products Law Observer
Trade Secrets Food Fight Spotlights Importance of Comprehensive Agreements
|09.30.22
Crowell & Moring’s Trade Secrets Trends
- |
10.07.21
Crowell & Moring’s Trade Secrets Trends
Practices
- Advertising and Brand Protection
- Intellectual Property Litigation
- Trademark Counseling and Litigation
- IP Prosecution and Portfolio Management
- Intellectual Property
- IP Transactions and Diligence
- Brand Protection
- Copyright Counseling and Litigation
- False Advertising Disputes and Litigation
- U.S. ITC Section 337
Industries
Emily's Insights
Client Alert | 3 min read | 10.15.24
Can False Claims of Patent Protection Land You in the False Advertising Dawg(s) House?
The Federal Circuit recently held that a claim that a product is protected by patents when it is not may constitute false advertising. Defendants in this case, Dawgs Inc., accused the makers of Crocs of using the terms “patented,” ‘proprietary,” and “exclusive” in its advertising in a manner that misled consumers about the nature, characteristics, or qualities of its own products and the products of its competitors. Specifically, Dawgs alleged that Crocs made promotional statements that a patent covers its Croslite shoe material, that Croslite has numerous tangible benefits found in all of Crocs’ shoe products and that, because Croslite is “patented,” others’ products lack these same benefits. Crocs, Inc. v. Effervescent, Inc., No. 2022-2160, 2024 U.S. App. LEXIS 25001 (Fed. Cir. Oct. 3, 2024).
Firm News | 8 min read | 08.15.24
Blog Post | 07.26.24
Authorities Go for Gold on Fake Fashion Enforcement as Paris Olympics Begin