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Background

Jon Jekel is an Associate in the Southern California office, where he advises artists, inventors, entrepreneurs, and Fortune 500 companies on business and intellectual property (IP) matters. Jon’s practice focuses primarily on copyright and trademark matters, including brand consulting, clearance analysis, domestic and international trademark prosecution, counterfeit monitoring, IP transactions, and copyright enforcement. In addition, Jon has advised clients on matters pertaining to advertising, business formation, cybersecurity, data privacy, commercial transactions, open source and Creative Commons licensing, free speech, and fair use. Further, Jon has advised a number of companies on the legal issues surrounding the medical and recreational cannabis industries.

Jon takes a holistic approach to brand consulting and IP strategy; developing familiarity with his clients’ products, brands, and visions and designing protection strategies that are efficient, yet comprehensive. This strategy has helped Jon’s clients secure broad protection for their IP assets, while at the same time, avoiding many of the costs and challenges that other companies experience. In fact, in May 2019, the International Trademark Association (INTA) selected Jon to moderate a talk on holistic IP strategy for start-ups, which featured attorneys from four different continents.

When clients encounter issues with their trademark applications, Jon is known to resolve them quickly and easily. This is due to his deep knowledge of trademark law, which he attributes to the two years he spent as an Author/Co-Editor of a textbook on trademark law, as well as the rapport Jon has established with many of the attorneys at the United States Patent and Trademark Office (USPTO).

In transactional matters, Jon has a reputation for closing deals. In part, this is because Jon has a knack for translating even the most dense and complicated legalese. Yet, it is also due to the fact that Jon has started numerous businesses himself. As a result, he has a unique ability to empathize with and motivate the parties. Jon shares his clients’ excitement for new opportunities; harnessing that “new deal energy” and using it to drive the parties to close the deal before it becomes overlawyered. As Jon often says: “The greatest cause of death for a good deal is time.”

Finally, Jon serves as a fierce advocate for his clients in legal disputes. He has counseled clients through matters related to contracts, copyrights, trademarks, false association, fraud, unfair competition, cybersecurity, data privacy, and IP licensing, and did so in a way that put his clients at ease. This includes representing clients in state and federal courts, at the Trademark Trial and Appeal Board, and before arbitrators at Judicial Arbitration and Mediation Services (JAMS) and the National Arbitration Forum. Jon has also counseled numerous clients through domain name disputes and takedown proceedings.

Jon works with clients in a wide array of industries, including but not limited to: analytics, cosmetics, cleantech, consumer products, cloud computing, computer hardware and software, cybersecurity, digital health, digital media, e-commerce, education, entertainment (music, art, performance), fashion, financial services, medical devices, medical and recreational cannabis, marijuana and CBD regulations, optics, pharmaceuticals, publishing, renewable energy, robotics, semiconductors, telecommunications, and virtual/augmented reality.

Prior to joining Fish, Jon worked at another law firm where he counseled clients on business and IP issues, including complex commercial contracts. Outside of the office, Jon is a frequent contributor to Fish & Richardson’s Trademark & Copyright Thoughts  blog and a member of the International Trademark Association (INTA). Jon is also a dedicated pro bono legal advocate, having provided an average of 200 hours of pro bono legal services during each of the past three years.

In his free time, Jon is an avid fiction writer, and is currently finalizing his novel Inter Vivos for publication. His other hobbies include going to concerts, managing a 3,000+ LP collection, and practicing yoga.

Education

University of San Diego Law School 2014
San Diego Law Review, J.D.
President, Intellectual Property Law Association
Pro Bono Service Recognition, 500 Hours of Pro Bono Legal Services


Florida State University 2008
Creative Writing (Fiction), B.A.

Admissions

  • California 2014
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Central District of California

Memberships & Affiliations

International Trademark Association (INTA)

Other Distinctions

Publications and Presentations

Host, “Holistic IP Strategy for Start-Ups,” INTA 2019 Table Topic (May 21, 2019)

Co-author, “Color Guard: Tips for Registering a Color as a Trademark with the USPTO,”  Fish & Richardson Trademark & Copyright Thoughts Blog (November 26, 2018​).

Speaker, “Domain Name Disputes Post-GDPR: Navigating URS, UDRP With Reduced Access to Information,” Strafford (November 14, 2018).

Co-author, “Tips for Dealing with Domain Name Disputes without WHOIS Information,” Fish & Richardson Trademark & Copyright Thoughts Blog (July 19, 2018​).​

Co-author, “ICANN Proposes Framework for WHOIS Access, but Questions Remain,” Fish & Richardson Trademark & Copyright Thoughts Blog (June 28,2018).

Co-author, “Embedding Content is Safe, Right? A Recent Case Says No, Creating Serious Concerns for Websites with Unlicensed Third-party Content,” Fish & Richardson Trademark & Copyright Thoughts Blog (March 22, 2018​).​

Co-author, “Two Recent Trademark Decisions Provide Ammunition for Trademark Owners Who Receive Improper Specimen Refusals for Service Marks,” Fish & Richardson Trademark & Copyright Thoughts Blog (March 16, 2018​).​

Co-author, “Branding Social Movements: Why Attempts to Trademark #MeToo, Black Lives Matter, and Other Movements are Likely to Fail and Could Harm Core Brands,” Fish & Richardson Trademark & Copyright Thoughts Blog (February 5, 2018​).​

Speaker, “Green Business: Advising Clients on Protecting and Enforcing Cannabis Brands,” California State Bar (March 15, 2017).

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