FOCUS
Ethan Hayward joined Lowis & Gellen in 2006 and counsels clients in non-patent intellectual property, commercial litigation, labor and employment law, municipal and public utilities law, and appeals. He has assisted Lowis & Gellen partners in successfully prosecuting actions for trademark infringement and unfair competition and dismissing and settling several matters involving claims of municipal and commercial liability. Recently Mr. Hayward assisted in the successful defense of an action for copyright and trademark infringement in Tampa, Florida, in which the plaintiff sought damages in excess of $5 million but was only awarded $98,000 following a jury trial.
Prior to joining L&G, Mr. Hayward served with the Illinois Appellate Court, first as a staff attorney and later as a judicial clerk to Justice Alan J. Greiman. He was responsible for drafting numerous published opinions and unpublished dispositive orders on matters involving class-action, contract, labor and employment, construction, insurance, family law, corporate governance, public utilities, and municipal litigation, as well as a vast assortment of criminal matters.
In the intellectual property arena, Mr. Hayward is experienced in prosecuting and maintaining trademark registrations and litigating claims of copyright and trademark infringement. As a legal intern at the McDonald’s Corporation, he assisted in-house counsel in policing use of the company’s trademarks and domain names; reviewed contracts between the company, its promotional partners, and paid spokespersons; ensured franchisee compliance with provisions of promotional contracts; assisted in resolving perceived advertising discrepancies; and assisted in initiating the adoption of the company’s on-line privacy policies. While clerking at a firm during law school, Mr. Hayward assisted attorneys in drafting a model records retention policy for their non-profit association clients and in prosecuting an action for copyright infringement against a popular music group, the group’s record label and several music retailers for contributory and vicarious infringement. All defendants entered into settlement agreements immediately after the suit was filed.
Before entering the legal profession, Mr. Hayward served as an aide to Rep. David R. Obey of Wisconsin in the Congressman’s Washington office, as well as a White House and Congressional intern.
EDUCATION
Mr. Hayward received his J.D. from the DePaul University College of Law in 2002. He was awarded a certification in intellectual property law, served as a staff writer for the DePaul-LCA Journal of Art & Entertainment Law, counseled clients of the College’s Technology and Intellectual Property Legal Clinic, and served as co-editor of the College’s student newspaper On The Merits. Mr. Hayward received a B.A. in history and communications cum laude from the University of Notre Dame in 1997.
ADMISSIONS
Mr. Hayward is admitted to practice in Illinois and before the federal district court for the Northern District of Illinois. He is also an active member of the American Bar Association and the Chicago Bar Association, and serves on the CBA’s Judicial Evaluation Committee.
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