Kenneth B. Germain

Kenneth B. Germain

Of Counsel
Cincinnati, Ohio

Ken Germain has more than 45 years of varied experience in the trademark/unfair competition field and is a former full-time law professor. He focuses his practice on trademark counseling, consulting and litigation, including Early Neutral Evaluation. Ken is often retained as an Expert Witness on issues relating to trademarks and unfair competition, working on cases involving some of the nation’s largest companies in high-stakes, cutting-edge cases. He has testified in court over 15 times.

Ken has been an active speaker on trademark and unfair competition, lecturing at national, regional and local conferences 300 times. In addition, in 1990 Ken founded, and until 2014 chaired, the All Ohio Annual Institute On Intellectual Property seminar. This seminar is in its 30th year, provides two-city programming (Cincinnati, Cleveland) covering all aspects of IP, and is the largest (over 300 attendees per city), oldest, full-day IP CLE program in and around Ohio.

Ken served as an Adjunct Professor at the University of Cincinnati College of Law for many years, teaching trademark/unfair competition courses. Later, Ken served as the Distinguished Professorial Practitioner in the University of Dayton Law School’s Program in Law and Technology. Still later, after serving as the Distinguished Senior Fellow in connection with the Law + Informatics program of the NKU Chase School of Law, Ken resumed his position at the University of Dayton.

Areas of Practice

  • Litigation/Dispute Resolution
  • Trademarks
  • Trade Dress

Bar Admissions

  • Ohio, 1989


  • New York University School of Law, New York, New York
    • J.D. - 1969
    • Law Review: N.Y.U. Law Review, Associate Editor
  • Rutgers College
    • A.B. magna cum laude - 1966
    • Honors: Elected to Membership in Phi Beta Kappa

Published Works

  • Over 20 publications.
  • Lawyers Who Need Lawyers: When to Retain a Legal Expert in a Trademark/Unfair Competition Case,
  • The Brave New World of Possibly Preclusive TTAB Proceedings: How Expert Testimony Can Strengthen Your Case, 90 Patent, Trademark & Copyright Journal 2104, May 22, 2015.
  • Torts Über Trademarks or Trademarks Über Torts: That is the Question, 90 Patent, Trademark & Copyright Journal 3211, September 9, 2015, republished as Should Uber Face Tort Liability for Rides Secured Through Uber Apps?, 43 Product Safety and Liability Reporter 1237, October 26, 2015.


  • Early Neutral Evaluation of Trademark / Trade Dress Disputes – a “Virtual” and Efficient Alternative in the COVID-19 Era, AIPLA Webinar, August 13, 2020.
  • THE CONSTITUTION COMMANDETH: Thou Shall Not Protect the Same Subject Matter Under Design Patent and Trade Dress Laws, AIPLA Webinar Series, December 10, 2019.
  • Precedential Supreme Court and Appellate Court Cases on Trademarks and Unfair Competition: 2018-2019 in Review, All Ohio Annual Institute On Intellectual Property, Cleveland, OH; September 19, 2019.
  • Current Caselaw on “Traditional” Product Design Trade Dress: Focusing on Distinctiveness and Functionally, but Touching on Possible Preemption, Intellectual Property Law Institute, Philadelphia Bar Institute, Philadelphia, PA; April 16, 2019.

Honors and Awards

  • Who’s Who Legal, The International Who’s Who of Trademark Lawyers, 2001 - Present
  • Chambers USA, America’s Leading Lawyers for Business, 2004 - Present
  • The Best Lawyers in America®, 1991 - 2017
  • The Best Lawyers in America® “Lawyer of the Year” Litigation – Intellectual Property and Trademark Law, Cincinnati, 2016
  • The Best Lawyers in America® “Lawyer of the Year” Litigation – Intellectual Property and Trademark Law, Cincinnati, 2015
  • The Best Lawyers in America® “Lawyer of the Year” Litigation – Intellectual Property and Trademark Law, Cincinnati, 2014
  • The Best Lawyers in America® “Lawyer of the Year” Trademark Law, Cincinnati, 2012
  • The Best Lawyers in America® “Lawyer of the Year” Intellectual Property Law, Cincinnati, 2011
  • Ohio Super Lawyers®, 2004 - 2013, 2017
  • Board of Advisors, Restatement (Third) of Unfair Competition, 1987 - 1992


  • Phi Beta Kappa