Ms. Miller has practiced trademark law at Leydig for over 25 years. She works in all areas related to trademarks, including litigation, domestic and foreign oppositions and cancellations, non-judicial enforcement and defense, domain name disputes, clearance, prosecution, global portfolio management, large-scale recordal projects, licensing, and trademark acquisitions. In particular, Ms. Miller has developed specialized expertise in trade dress litigation and prosecution, as well as in dealing with trademark disputes in China. In addition to trademark law, Ms. Miller also has significant experience in the fields of copyrights and false and comparative advertising. Ms. Miller constantly strives to provide her clients with clear, practical advice and creative solutions.
Experience
Much of Ms. Miller’s practice is litigation, and she has represented clients in lawsuits throughout the U.S. She is experienced in matters involving motions for emergency relief, such as motions for preliminary injunctions and temporary restraining orders. She is engaged in all aspects of discovery, including taking depositions and working closely with trademark survey experts and damages experts. Ms. Miller has successfully argued motions in court and has enjoyed many victories on behalf of the clients she represents due to the success of dispositive and other key motions. She also has had experience supervising and coordinating foreign trademark litigation, oppositions, and cancellations on behalf of clients based in the U.S.
In particular, Ms. Miller has significant experience in trade dress matters, from litigation involving packaging and product configuration marks to prosecution of colors, product labels, bottles, and containers with the U.S. Trademark Office. She particularly enjoys counseling clients about proactive steps they can take to maximize and protect trade dress rights. In the course of her trade dress litigation experience, Ms. Miller has worked with experts in connection with surveys intended to evaluate the likelihood of confusion between parties’ product configuration marks.
Ms. Miller handles oppositions, cancellations, and ex parte appeals at the U.S. Trademark Trial and Appeal Board, and is active in non-judicial trademark and copyright enforcement and defense. She is knowledgeable about Internet law as it relates to trademarks, copyrights, and jurisdictional issues. She is active in domestic and international trademark clearance projects in a wide variety of industries. Ms. Miller regularly counsels clients on advertising issues, such as advertising claim substantiation, comparative advertising, and proper trademark usage in advertising. She is experienced in negotiating settlements, coexistence agreements, licenses, trademark and domain name purchases, copyright buy-outs, and litigation-sharing arrangements, and in preparing and analyzing complex agreements relating thereto. She is responsible for supervising the maintenance and management of international trademark portfolios, including large-scale and international assignment and other change-of-ownership recordal projects.
In her years of practice, Ms. Miller has handled many situations for U.S.-based clients facing trademark-related troubles in China. For example, she has worked to secure assignments for key marks from trademark squatters through anonymous purchases. Ms. Miller regularly helps her clients formulate calculated defensive filing strategies so that they can lessen the likelihood of encountering future problems in China. She has had success in oppositions and cancellations against applications and registrations owned by squatters, working with Chinese counsel to find creative ways in which to accomplish her clients’ objectives. By way of example, Ms. Miller has successfully relied on U.S. copyrights covering logo works in opposing trademark applications by squatters for the same logos. As another example, Ms. Miller secured a complete victory in hotly contested, consolidated trademark opposition against three Chinese applications by squatters attempting to register a “Fortune 50” U.S. company’s house mark for its primary goods and services. The matter involved gathering substantial evidence of fame, working with the U.S. Embassy in China, coordinating investigations into the squatters, arranging for the retention of expert witnesses in China, working on briefs and other persuasive communications to the Chinese Trademark Review and Adjudication Board (TRAB) and the U.S. Embassy, and scripting the in-person presentation made to the TRAB by an executive of the client and Chinese counsel. When the consolidated opposition was sustained in favor of the client, that paved the way for the client’s own applications to proceed to registration.
Ms. Miller serves as the Chair of the firm’s Professional Development Committee which is responsible for managing the firm’s associates, patent agents, and scientific advisors. In addition, she serves as the Chair of Leydig’s Social Event Committee which plans fun events for all employees of the firm.
Representative Matters
- Primary author of summary judgment motion on behalf of defendant in federal lawsuit alleging infringement of registered product configuration trade dress for candy. The Judge granted the motion based on functionality, dismissed the case, and ordered that the plaintiff’s registration be cancelled. The decision was affirmed by the Third Circuit Court of Appeals.
- Represented a Fortune 50 corporation as first chair of a hotly-contested and complex U.S. trademark opposition that lasted over four years and resulted in a detailed 76-page opinion in favor of the client, upholding key evidentiary objections and arguments against any likelihood of confusion which were pivotal in the determination of the matter.
- Represented plaintiffs in a federal lawsuit against sellers of counterfeit consumer products on Amazon.com. Issued multiple subpoenas to Amazon and financial institutions to determine the sellers’ identities in order to name them as defendants and serve them. Obtained Consent Judgment in favor of client including an injunction against further sales of the counterfeit goods.
- Represented declaratory judgment plaintiff in trademark case involving a priority dispute related to a mark for a beverage product; case settled.
- Authored trial briefs and evidentiary objections for opposer in contested opposition involving the likelihood of confusion between marks for beauty products and services. Opposition sustained in favor of client.
- Filed multiple Lanham Act lawsuits against client’s competitors for failing to mark tools as having been made in China in violation of the Tariff Act; cases settled.
- Initiated trademark and cybersquatting case against online seller of appliance replacement parts. Secured swift and favorable settlement and transfer of numerous domain names.
- Acted as co-counsel representing defendant in a trade dress case involving tool packaging. Primary author of summary judgment motion on the issue of functionality. The Court granted the motion in full and dismissed the case.
- Represented plaintiff in federal lawsuit asserting infringement of trade dress in coloration scheme for the handles of pliers directed to electricians; case settled.
- Represented plaintiff seeking to enforce an incontestable trademark registration for a mark for olive oil against a competitor’s use of a similar mark; case settled.
- Represented plaintiffs in case involving trade dress for garage cabinets. Case settled.
- Represented defendant in a trademark infringement action involving consumer loan services; case settled after discovery.
- Successfully enforced trade dress registration for the shape of an appliance against scrapbooking products through settlement.
- In a case involving apparel, successfully moved for dismissal in a trademark case based on lack of personal jurisdiction. Then, on behalf of declaratory judgment plaintiffs, secured early dismissal of defendant’s cybersquatting claim and the voluntary withdrawal of a dilution claim. Sought discovery from third parties and worked with multiple experts to show no likelihood of confusion. Moved for summary judgment and exclusion of a trademark survey report, after which the case promptly settled.
- Represented plaintiff in a federal court appeal of a Trademark Trial and Appeal Board opposition decision. Worked with multiple experts and survey evidence. Represented client at a trial on the merits but the case settled before a decision issued.
- In a case involving a new mark for financial investment services, successfully defended defendant against a motion for preliminary injunction, including briefing and representation at an evidentiary hearing.
- In a case involving financial investment services, won summary judgment for plaintiff on the question of liability. Defendant appealed and summary judgment was affirmed by the Fifth Circuit Court of Appeals.
- Obtained consent judgment for plaintiffs in a trade dress case involving an appliance trade dress registration.
- Represented plaintiffs in federal lawsuit involving a secondary mark for appliances. Successfully moved for dismissal of numerous counterclaims and affirmative defenses raised by defendants. Case settled prior to trial.
- Represented defendant in cookie packaging trade dress case; case settled following mediation.
- Successful assertion of rights and favorable resolution in favor of plaintiffs in counterfeiting case involving fuel pumps sold in the automotive aftermarket.
- Represented defendant in trademark and trade dress case in the over-the-counter pharmaceutical field; case settled prior to trial.
- Represented plaintiff in product configuration trade dress case involving key chains that copied lantern trade dress; case settled prior to trial.
- Represented plaintiffs in copyright infringement case involving chiropractic text books; case settled prior to trial.
- Achieved efficient and successful resolution for plaintiff in trademark case in retail clothing industry.
- Successfully represented plaintiffs in a breach of contract and product configuration trade dress case involving plaintiff’s registration for appliance trade dress; consent judgment entered against defendants.
- Efficiently asserted rights and achieved resolution for plaintiff in trademark case involving mark for moving services; order entered against defendant’s continued infringement.
- Represented defendant in trade dress case involving the design of cookbooks and children’s books. Successfully moved for summary judgment on liability, which was upheld on appeal to the Seventh Circuit and for which certiorari was denied.
- Represented certain defendants in copyright case involving architectural plans. Successfully moved for dismissal of certain claims based on preemption by the Copyright Act, after which the case settled.
Honors
- Named a Best Lawyer in America®, 2026
- Named as a top Illinois trademark Lawyer by the World Trademark Review 1000, each year 2013-2026
- Named in the Illinois Super Lawyers list, Intellectual Property, each year 2013-2026
- Named a Leading Lawyer in Intellectual Property Law – Leading Lawyers Network, each year 2014-2022, 2025-2026
- Named in Lexology Index: Intellectual Property, 2025
- Named a “Trademark Star” by Managing IP based upon client and peer reviews, 2020, 2022-2025
- Named in Who’s Who Legal (WWL): IP, 2024
- Named a leading practitioner for Trademarks in Euromoney’s Women in Business Law Expert Guide, 2022
- Named in the Illinois Rising Stars list, as published in Illinois Super Lawyers, 2009, 2010
- Named one of the Top Women Attorneys in Illinois by Chicago Magazine, 2013, 2014 and one of the Top Attorneys in Illinois, each year 2015-2021, 2025
Professional Affiliations
- Intellectual Property Law Association of Chicago (IPLAC), Co-Chair, Trademarks & Anti-Counterfeiting Committee, 2023-2024; Treasurer, 2017-2019; Board of Directors, 2015-2019; Chair of the New Programming/Events Committee, 2011-2012
- International Trademark Association (INTA), Membership Committee, Academic Institution Recruitment Subcommittee (AIRCOM) from 2002-2005; Leader of the Student Membership Section of the AIRCOM subcommittee from 2003-2005; Enforcement Committee, Monetary Remedies Subcommittee from 2006-2009; Law Firm Committee from 2026-present.
- Chicago Bar Association
- National Association of Women Business Owners
- Intellectual Property Owners Association (IPO)
Articles, Publications & Lectures
- “Forming Strategies to Address the Challenges of Complex Trademark and Trade Dress Litigation,” Litigation Strategies for Intellectual Property Cases: Leading Lawyers on Analyzing Key Decisions and Effectively Litigating IP Cases, pp. 53-65 (2015 ed.). Aspatore Books from Thomson Reuters Westlaw
- “Developing and Protecting Trade Dress: Leveraging Trademark Law to Protect the Look and Feel of Product Design,” speaker at a webinar sponsored by Strafford Publications, Inc. on August 4, 2015.
- “Trademarks and Best Practices Overview and the Use of Trade Dress for Innovative Branding,” speaker at a one-hour CLE program on July 7, 2015.
- “New Termination Rights to Shake Up World of Trademarks, Copyrights,” Chicago Daily Law Bulletin, April 5, 2013
- “Expanding Your Market,” speaker at the Annual Corporate Intellectual Property Law Conference hosted by Law Bulletin Seminars, February 13, 2013
- “Courts Review Legal Disputes Involving Trademarks and the Web,” Chicago Daily Law Bulletin, December 10, 2012
- “Strategic Considerations for Trademark License Agreements,” Intellectual Property Licensing Strategies: Leading Lawyers on Analyzing Trends in IP Licensing and Drafting Effective Agreements, pp. 7–19 (2012 ed.). Aspatore Books from Thomson Reuters Westlaw
- “Lawyers Benefit Clients by Talking Through Litigation Process,” Chicago Daily Law Bulletin, March 5, 2012
- “Strive to Obtain Full Copyright Ownership: ‘Of Course I Own it, I Paid for it!’,” Chicago Daily Law Bulletin, October 3, 2011
- “Ways to Be Proactive in Employing and Maximizing Trade Dress Protection,” speaker for a one-hour CLE program on October 28, 2010
- “Seizing Trade Dress Opportunities through Creative Claims and Proactive Measures,” Thomson CompuMark’s Client Times Online newsletter, February 2009
- “Trade Dress: From Brand Strategy to IP Best Practices,” speaker at a webinar sponsored by Thomson CompuMark on March 4, 2009
- “Hey, I Know that Look! Maximizing Trade Dress Rights Before Infringement,” Corporate Counsel, October 2008
- “Why Registering Trademarks in China Today is a No-Brainer,” Corporate Counsel, December 2007
- “Aspirina Case Instructive for Trademark Practitioners,” IP Law360, June 18, 2007
- “Protection of Bottle Design Marks in the United States,” moderator and presenter at the International Trademark Association Annual Meeting, May 1, 2007
- “Copyright Law,” presented to Executive Service Corp. of Chicago on Sept. 17, 2004
- Various presentations on trademark, trade dress and copyright issues made to clients
Practices
Insights
- Leydig Named Top Firm in World Trademark Review 1000
January 29, 2026 - Leydig Attorneys Appointed to INTA Committees
October 7, 2025 - Leydig Attorneys Named The Best Lawyers in America® for 2026
August 21, 2025 - Leydig Recognized by Managing IP
June 5, 2025 - Leydig Attorneys Attend INTA Annual Meeting in San Diego, CA
May 21, 2025 - Leydig Sponsors Chicago Women in IP (ChiWIP) Annual Progressive Networking Dinner
February 20, 2025 - Leydig Named Top Firm in World Trademark Review 1000
January 30, 2025 - Leydig Attorneys Named 2025 Illinois Super Lawyers
January 21, 2025 - Leydig Attorneys Named 2024 Illinois Super Lawyers
February 1, 2024 - Leydig Attorneys Attend IPLAC Annual Judges’ Dinner
October 31, 2023 - Leydig Wins Appeal at Third Circuit involving Trade Dress for Candy Company Haribo
September 11, 2023 - Leydig Named Top Firm in World Trademark Review 1000
March 8, 2023 - Leydig Attorneys Named 2023 Illinois Super Lawyers
January 26, 2023 - Leydig Wins Summary Judgment for Candy Company Haribo
November 23, 2022 - Tammy Miller Table Moderator at ChiWIP Dinner
June 22, 2022 - Leydig Attorneys Named 2022 Illinois Super Lawyers
January 26, 2022 - Leydig Attorneys Named 2021 Illinois Super Lawyers
January 26, 2021 - Leydig ranked in Managing IP Trademark Stars
May 14, 2020 - Leydig Attorneys Named 2020 Illinois Super Lawyers
January 26, 2020 - Trademark owners need to prepare for increased likelihood of post-registration audits
November 22, 2019 - Leydig Recognized by Managing Intellectual Property
July 8, 2019 - New Trademark Programs and Rules Affect Registrations, Challenges, and Renewals
April 24, 2019 - Leydig Ranked as Top Trademark Law Firm by the World Trademark Review
February 1, 2019 - Leydig Attorneys Named 2019 Illinois Super Lawyers
January 25, 2019 - Leydig Selected As Top IP Law Firm in Managing Intellectual Property™
August 28, 2018 - Leydig Recognized Among Top IP Law Firms in Managing Intellectual Property™ 2018 IP Stars
July 3, 2018 - Leydig Attorneys Named 2018 Illinois Super Lawyers
January 25, 2018 - Leydig Attorneys Named 2017 Illinois Super Lawyers
January 18, 2017 - Leydig Attorneys Named in Illinois Super Lawyers and Rising Stars 2016 Lists
December 4, 2015 - Leydig Attorneys Named in Illinois Super Lawyers and Rising Stars 2015 Lists
January 16, 2015