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, trade dress, and copyright infringement and ownership disputes in federal court and handles opposition and cancellation proceedings before the United States Trademark Trial and Appeal Board.
Jenevieve’s intellectual property experience spans a broad range of industries, including 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.
In addition, Jenevieve counsels clients on copyright, social media, right of publicity, false advertising, and related issues. Drawing on her professional background in book publishing, she advises creators, publishers, and users of copyright-protected content on publishing, licensing, permissions, and registration matters.
An experienced and persuasive legal writer, Jenevieve has authored numerous successful briefs regarding complex intellectual property matters, including a 2016 amicus brief filed with the United States Supreme Court on behalf of the American Intellectual Property Law Association. In its decision in that case, Kirtsaeng v. John Wiley & Sons, Inc., the Supreme Court provided long-awaited guidance on the test for awarding attorney’s fees under the Copyright Act, adopting a discretionary totality-of-the-circumstances analysis consistent with the approach advocated by Jenevieve in AIPLA’s brief.
In addition to her intellectual property work, Jenevieve has significant experience in insurance coverage disputes and general commercial litigation, focusing in particular on counseling clients regarding insurance coverage for intellectual property matters.
Jenevieve is a regular contributor to the firm’s Trademark & Copyright Law Blog and a co-author of the “Trademark Infringement and Related Claims” chapter in the most recent edition of Business Torts in Massachusetts (MCLE 2016). She has been quoted in the press about developments in copyright law and serves as vice chair of the Copyright and Anti-Piracy Committee of the Intellectual Property Owners Association.
Prior to joining Foley Hoag, Jenevieve served as a judicial law clerk for the Honorable Margot Botsford of the Massachusetts Supreme Judicial Court. Before studying law, Jenevieve spent several years in the editorial acquisitions and licensing department of an academic book publisher, where she was responsible for author contracts, permissions, and copyright issues.
