Rachel Smoot

Rachel is a partner in Taft’s Intellectual Property and Litigation practice groups, representing clients at all stages of trademark, copyright, commercial and general litigation matters. Rachel also has significant experience in advising clients on legal matters relating to intellectual property enforcement, dispute resolution and infringement issues. Her clients include non-profits, private companies and individuals.

Prior to joining Taft, Rachel was an attorney at a Hatch-Waxman law firm in Chicago, Illinois.  She also spent several years as an attorney at an intellectual property law firm in Cleveland, Ohio, gaining experience in patent, trademark, and copyright prosecution and litigation.

Rachel earned her J.D. from Case Western Reserve University School of Law, where she served as the Executive Articles Editor for the Case Western Reserve University Journal of International Law and was the sixth circuit regional champion for the university’s national moot court team. She also served as a judicial intern to the Honorable John D. Love in the Federal District Court for the Eastern District of Texas. Simultaneously with her J.D., Rachel received her master’s degree in biochemistry from Case Western Reserve University. A Columbus native, she earned her bachelor’s degrees in molecular genetics and psychology from The Ohio State University.

Copyright & Trademark Litigation

• Represent a major national food and beverage company in trademark and trade dress disputes in federal courts, most recently in matters related to their well-recognized brand colors.
• Represent a well-known honor society in trade dress disputes related to their name, logo, and brand colors.
• Represent a national food delivery company in a class action lawsuit with Lanham Act allegations.
• Represent numerous private companies, including private equity, in the food and beverage, retail, start up, and technology spaces in the litigation and defense of trademark infringement matters.
• Represent numerous educational institutions and religious organizations in federal court lawsuits involving trademark and copyright claims.
• Advise clients in pre-litigation dispute resolution matters, including preparing cease and desist letters and strategic memos in light of anticipated litigation.
• Assist clients across a range of industries in protecting their brands by offering counsel regarding strategic trademark filings for new companies and campaigns.
• Assist clients with alternative dispute resolution, including mediation and arbitration, and negotiating favorable settlements.
• Work with clients on trademark infringement monitoring and enforcement, as well as management of national and global trademark portfolios.
• Represent dozens of clients in opposition and cancellation proceedings before the Trademark Trial and Appeal Board.

Commercial Litigation

• Represent clients in contract disputes related to construction and transactional matters in State Court (Ohio).
• Represent clients in disputes related to breach of contract, defamation, and tortious interference in federal courts across the country.

Nonprofit & Pro Bono Matters

• As a volunteer for Legal Aid, represent clients in eviction avoidance matters and other landlord/tenant disputes.
• As a volunteer for the International Trademark Association Pro Bono Clinic, represent low-income clients in initial trademark filing efforts.
• As a volunteer for various organizations, assist applicants in applying for legal asylum.
• Represent multiple nonprofit organizations in trademark clearance opinions.

Speaking

• “How to Dodge the IP Minefield: Navigating Startups through Intellectual Property Pitfalls,” Plug and Play Silicon Valley Summit, Sunnyvale, California, June 11, 2024.

Publications

• “How Firm Thy Branding…OHIO,” Landslide, September/October 2023.
• “The Ohio State University Wins Trademark Protection for THE,” World Trademark Review Weekly, July 14, 2022.
• “Russia: the New Wild West for US Trademarks and Enforcement,” World Trademark Review Weekly, April 7, 2022.
• “Nike and Converse Reach Settlement with Former Employee in Custom-shoe Case,” World Trademark Review Weekly, Jan 13, 2022.