Jenevieve J. Maerker

Associate - Boston

Bio photo for Jenevieve Maerker
Download Media Photo

Contact Information

617.832.3031

617.832.7000

jmaerker@foleyhoag.com Download vCard

Jenevieve Maerker focuses her practice on helping companies both large and small to develop and protect their intellectual property assets. She has extensive experience in domestic and international trademark strategy, including selection, clearance, registration, policing, and licensing of marks and other brand assets. Jenevieve also litigates trademark and trade dress infringement and ownership disputes, both in federal court and before the United States Trademark Trial and Appeal Board.

Jenevieve’s intellectual property experience spans a broad range of industries, with particular emphasis on pharmaceuticals, medical devices, financial services, high-tech, and consumer products. Her clients include companies at every stage of development, from innovative start-ups to established multinational corporations.

More »

Education:

  • Harvard Law School, J.D., magna cum laude, 2007
  • Emerson College, M.A., Publishing and Writing, 2001
  • University of Texas Austin, B.A., with highest honors, 1998

Languages:

Spanish, Norwegian

Representative Experience

  • Secured clients’ trademark and trade dress rights through aggressive protection and enforcement strategies in an array of industries, including pharmaceuticals, medical devices, consumer products, food and beverage, publishing, entertainment, technology, and financial services.
  • Responsible for over 750 trademark applications and registrations in more than 60 countries around the world.
  • Handled trademark portfolios for nationally recognized financial services and medical device companies.
  • Represented clients in successful mediations involving a variety of trademark issues, including trade dress and indigenous rights.
  • Negotiated favorable resolutions of numerous trademark infringement claims and Trademark Trial and Appeal Board proceedings for clients in both plaintiff and defendant roles, and secured the benefits of those resolutions via thoughtful settlement agreements.
  • Counseled clients regarding copyright registration strategies and fair use, and negotiated and drafted licenses, assignments, and publishing agreements for copyrighted works.
  • Oversaw trademark in-use investigations for clearance, enforcement, and litigation purposes.
  • Participated in drafting two amicus briefs submitted to the U.S. Supreme Court during its 2015-2016 term.
  • Defended a client in litigation involving contract and intellectual property claims based on use of font software.
  • Assisted a musician in clearing rights from music publishers in the United States and abroad to release a new adaptation of a preexisting work.
  • Participated in representing a major research university in litigation in multiple jurisdictions relating to various life sciences technology licensing agreements.
  • Advised and represented policyholders in coverage litigation relating to liability and property insurance in federal and state courts, and negotiated with insurers to obtain coverage for defense of intellectual property infringement claims.
  • Successfully responded to trademark office actions from the U.S. Patent and Trademark Office and refusals to register from the U.S. Copyright Office.
  • ‘I’m with the Band’: Boston Guitarist Can Call Himself ‘Former Original Member’ without Infringing Trademark,” IP Litigator (Jan./Feb. 2017) 
  • “Trademark Infringement and Related Claims,” MCLE’s Business Torts in Massachusetts (2016 ed.) (with Nicole Kinsley and Daniel McFadden)
  • "One Vision,” exploring WIPO's proposed treaty on copyright exceptions for the visually impaired and what it could mean for rightsholders, IP Magazine (co-authored with Michael Boudett, Mar. 2013)
  • "Twitter’s Hard Lesson," Corporate Counsel Magazine (Jan. 2012)
  • "Harry Potter and the (Allegedly) Purloined Font," ASIA IP Magazine (Aug. 2011)

Foley Hoag Alerts & Updates

Honors

  • Recognized as a “rising star” in the field of intellectual property in Massachusetts Super Lawyers (2016)
  • Recognized as an “Up & Coming Lawyer” by Massachusetts Lawyers Weekly (2015)

Involvement

  • Intellectual Property Owners Association (IPO), Copyright Law & Practice Committee, Secretary
  • Pharmaceutical Trade Marks Group, Member
  • Boston Bar Association Public Interest Leadership Program, Class of 2014-2015
  • The Copyright Society of the USA, Member
  • Boston Patent Law Association, Member
  • Boston Bar Association, Member
  • Supreme Judicial Court Law Clerks’ Society, Member
  • ONEin3 Boston Mayor’s Advisory Council, Alumna

  • Panelist, "Strategies for In-House Counsel Selecting Trademarks for Pharmaceuticals and Biologics," Foley Hoag Webinar (2017) 
  • “Best Practices for Preserving Trademark Rights for Biosimilar Products,” American Conference Institute’s Seventh Annual Summit on Biosimilars (2016) 
  • “Copyright Basics for Choirs,” Greater Boston Choral Consortium (2014)
  • Panelist, “Protecting Yourself and Your IP,” Foley Hoag and mosaicHUB’s Women in Entrepreneurship Series (2014)
  • “Insurance Coverage for Intellectual Property Disputes: 2013 Landscape,” Boston Bar Association (2013)
  • "Logorama: A Case Study in Trademark and Copyright Fair Use," Boston Bar Association (2012)
Add to Bio Folder

Download Bio

Bar Admissions

  • Massachusetts
  • New York

Court Admissions

  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals First Circuit
  • U.S. District Court of the District of Western New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. Supreme Court