I'm Jonathan Francis, a Chicago business and IP litigation attorney. I represent businesses and individuals in lawsuits where a brand, an advertisement, or a person's name and likeness is at the center of the dispute. I bring and defend these cases in the Circuit Court of Cook County and in the federal courts for the Northern and Central Districts of Illinois and the Eastern District of Wisconsin, including emergency motions for temporary restraining orders.
Most of my litigation clients are small and mid-sized businesses. Some have found a competitor trading on their name or making false claims about their products. Others have just been sued or received a cease-and-desist letter and need to know how much trouble they're in.
This page is general information, not legal advice about your situation.
Free case review. Tell me briefly who the other side is and what happened. I'll run a conflict check and tell you what your options look like.
Contacting me does not create an attorney-client relationship. Until we've confirmed there's no conflict and agreed in writing to work together, please send only the parties' names and a short description, and don't include other confidential details.
What is business and IP litigation?
Business and IP litigation is a lawsuit between companies or individuals where the dispute turns on intellectual property or the rules of fair competition: trademarks, advertising claims, a person's identity, or who owns a brand or creative work.
These cases usually combine federal claims under the Lanham Act with Illinois statutes and contract claims, so they can be filed in either state or federal court. I handle these kinds of disputes:
Trademark infringement and unfair competition
A competitor using a confusingly similar name, logo, or trade dress, under 15 U.S.C. § 1125(a) and the Illinois Uniform Deceptive Trade Practices Act.
False advertising
Competitor ads, labels, or online claims that misrepresent their products or yours, under Lanham Act § 43(a)(1)(B).
Right of publicity and false endorsement
Unauthorized use of your name, photo, voice, or likeness to sell something, including AI-generated "digital replicas," under the Illinois Right of Publicity Act.
IP ownership and license disputes
Fights between former partners, licensees, distributors, or contractors over who owns a brand, website, or creative work, and whether a license was breached.
Emergency relief
Temporary restraining orders and preliminary injunctions to stop ongoing infringement, or to oppose one filed against you.
Defending these claims
Responding to a complaint, cease-and-desist letter, or TRO motion, and pushing back on overreaching demands.
Related pages: trademark registration and enforcement, copyright defense, and Schedule A defense for online sellers.
Temporary restraining orders and injunctions in Chicago
A temporary restraining order (TRO) is a short-term court order that stops a party from doing something, such as selling an infringing product, until the court can hold a fuller hearing; in federal court, a TRO issued without notice generally lasts no more than 14 days.
To get a TRO or preliminary injunction in federal court, you generally have to show a likelihood of success on the merits, irreparable harm without the order, that the balance of hardships favors you, and that the order serves the public interest (Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008)). The court will usually require a bond (Fed. R. Civ. P. 65).
Trademark owners have an advantage here. Since the Trademark Modernization Act of 2020, a plaintiff who shows a likelihood of success on a Lanham Act claim is entitled to a rebuttable presumption of irreparable harm (15 U.S.C. § 1116(a)).
In Cook County, requests for injunctions are heard in the Chancery Division of the Circuit Court of Cook County. Illinois TROs are governed by 735 ILCS 5/11-101.
If a TRO motion has been filed against you, the hearing may be days or even hours away. Contact a lawyer right away; that early hearing is often your best chance to narrow or defeat the order.
Where I handle business litigation: Cook County and federal court
I litigate in the Circuit Court of Cook County and in three federal courts: the U.S. District Courts for the Northern District of Illinois, the Central District of Illinois, and the Eastern District of Wisconsin.
- Federal court. Lanham Act claims arise under federal law, so they can be filed in federal court, and related Illinois claims can usually come along. The Northern District of Illinois sits in Chicago's Dirksen Federal Building.
- Circuit Court of Cook County. State-law claims such as breach of contract, deceptive trade practices, and right of publicity can be filed here, and injunction requests go to the Chancery Division.
Choosing the right court is a strategic decision. It affects how fast the case moves, what discovery looks like, and which remedies are available.
Illinois right of publicity: deadlines and damages
The Illinois Right of Publicity Act makes it unlawful to use a person's identity for a commercial purpose without written consent, and a claim generally must be filed within one year of first publication.
The one-year limitations period comes from Blair v. Nevada Landing Partnership, 369 Ill. App. 3d 318 (2d Dist. 2006). A successful plaintiff can recover the greater of $1,000 or actual damages plus the profits from the unauthorized use, and punitive damages are available for willful violations (765 ILCS 1075).
Effective January 1, 2025, Public Act 103-0836 extended the Act to "digital replicas," meaning AI-generated or other electronic re-creations of a real person's voice or likeness. Knowingly distributing a sound recording or video with an unauthorized digital replica can now create liability.
How a case typically moves
Most business and IP disputes follow the same path: gather and preserve evidence, try to resolve the dispute with a demand or response letter, and file suit or seek emergency relief only when that is the better tool.
- Case review. I look at the facts, the documents, and any registrations or contracts, and tell you plainly what your claim or exposure looks like.
- Preserve evidence. Screenshots, ad copies, sales records, and customer confusion evidence are captured before they disappear.
- Demand or response. Many disputes resolve with a well-supported cease-and-desist letter or response.
- Emergency motion, if needed. When ongoing harm can't wait, I file for a TRO or preliminary injunction.
- Litigate or resolve. Discovery, motions, and settlement negotiations, with a focus on the outcome you actually need.
Big-law litigation background, small-firm access
Before opening my own practice, I was part of litigation teams at major law firms handling pharmaceutical patent disputes, false advertising cases, healthcare law matters, and antitrust defense.
I know how sophisticated litigation works: how cases are built, how discovery is managed, how opposing counsel thinks, and when to push and when to resolve. I'm also a registered patent attorney with the U.S. Patent and Trademark Office, so the IP side of a dispute isn't new territory. Clients work with me directly, without paying for a downtown tower office and a team of associates billing in the background. More about my background.
Time matters
Deadlines in these cases are short: a federal defendant generally has 21 days after service to respond to a complaint, an Illinois right of publicity claim must generally be filed within one year, and a TRO hearing can be set within days.
If you've been served, received a demand letter, or see a competitor causing you ongoing harm, don't wait. Early advice protects your rights and keeps more options open.
Talk through your situation. Free case review for business and IP disputes in Cook County and federal court.
Frequently asked questions
Can I sue a competitor for false advertising?
Yes, if the competitor made a false or misleading statement of fact about its own or your goods in commercial advertising and it damaged your business. Under the Lanham Act, the plaintiff must show an injury to a commercial interest in reputation or sales that was proximately caused by the false advertising.
A company used my photo in an ad without permission. What can I do?
The Illinois Right of Publicity Act lets you sue for unauthorized commercial use of your name, image, voice, or likeness. You can recover the greater of $1,000 or your actual damages plus the user's profits, and the claim generally must be filed within one year of first publication.
How fast can I get a court order to stop infringement?
A temporary restraining order can be heard within days, and in some cases the same day. You'll need evidence of likely success and ongoing harm, and the court will usually require a bond.
Should my case be in state court or federal court?
Lanham Act claims can be filed in federal court, while contract, deceptive trade practices, and right of publicity claims can go to the Circuit Court of Cook County. The right choice depends on the claims, the remedies you need, and how quickly you need them.
I just received a cease-and-desist letter. Do I have to respond?
A letter by itself doesn't start a lawsuit, but ignoring it can make a lawsuit more likely. Have a lawyer review it before you reply, change anything, or contact the sender.
How much does business litigation cost?
It depends on the claims, the court, and how hard the other side fights. After a free case review, I quote fees based on the work the case actually needs, and many disputes resolve before full-scale litigation.
Do you handle cases outside Chicago?
Yes. I'm admitted in Illinois and in the U.S. District Courts for the Northern and Central Districts of Illinois and the Eastern District of Wisconsin, so I can handle cases throughout Illinois and in eastern Wisconsin's federal court.
Attorney Advertising. General information, not legal advice. Contacting this office does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Responsible attorney: Jonathan M. Francis, 3525 West Peterson Avenue, Suite 604, Chicago, Illinois 60659.