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William T. McGrath - Chicago, IL

125 South Wacker DriveSuite 1700 Chicago, IL 60606

Davis McGrath LLC

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(312) 332-4748

Updated: 02/04/2025

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Chicago Intellectual Property Lawyer

Overview

Bill McGrath has practiced intellectual property and business law since 1976. He is nationally recognized as an expert on copyright law, though his areas of concentration also extend to trademark and information technology law, as well as publishing law, trade secret law, and software licensing. Bill's experience includes counseling, litigation, arbitration, and mediation. He has litigated matters at each level of the federal courts, including the U.S. Supreme Court. He has also litigated matters before the Trademark Trial and Appeal Board.

Bill has taught graduate courses in Copyright Law and Copyright Litigation since 1990 at The John Marshall Law School, where he serves as Associate Director of the Center for Intellectual Property Law. He is the author of numerous articles, including more than a dozen articles for the IP Litigator, and has provided feature content for journals including the National Law Journal and Corporate Legal Times (now Inside Counsel). He is author of two chapters on copyright law in the treatise Intellectual Property Law (IICLE 2008). Bill also lectures extensively on copyright law.

Bill is Past President of the Intellectual Property Law Association of Chicago, and has served as Chair of the Patent, Trademark & Copyright Committee of the Chicago Bar Association. He has also served on the Board of Trustees of the Copyright Society of the USA, and is currently a member of the Editorial Board of the Journal of the Copyright Society of the U.S.A. He has been named to the "Illinois Leading Lawyers" network and has been recognized as an "Illinois Super Lawyer" by the publishers of Chicago Magazine.

About William T. McGrath

Current Employment Position(s)

Member

Practice Areas

Intellectual Property
Business Law
Copyright Law
Trademark and Information Technology Law
Publishing Law
Trade Secret Law
Software Licensing

Representative Cases

Silkwood vs. Kerr-McGee Corp., 464 U.S. 238 (1984)
In re Amsted Industries, Inc., 972 F.2d 1326 (Fed. Cir. 1992)
Roulo vs. Russ Berrie & Co., 886 F.2d 931 (7th Cir. 1989)
Hot Samba, Inc. vs. Caterpillar, Inc., 2004 WL 609797 (N.D.Ill. 2004)
Storm Impact, Inc. vs. Software of the Month Club, 13 F.Supp.2d 782 (N.D.Ill. 1998)
Pioneer, Inc. vs. Hitachi High Technologies America, Inc., 74 U.S.P.Q.2d 1672 (2005)
Allstate Insurance vs. Olafsson
Nightingale vs. Nightingale-Conant Corporation
La Preferida vs. Sun Garden Gangi Canning
Natkin vs. Winfrey, 111 F.Supp.2d 1003 (N.D.Ill. 2000)

Qualifications

Bar Admissions

Illinois, 1976
U.S. District Court Northern District of Illinois, 1976
U.S. District Court Northern District of Illinois Trial Bar, 1983
U.S. Court of Appeals 7th Circuit, 1981
U.S. Court of Appeals Federal Circuit, 1982
U.S. Supreme Court, 1983

Other Affiliations

Journal of the Copyright Society of the U.S.A. (Member, Editorial Board)
ABA IP MagazineLandslide (Member, Editorial Board)
Copyright Society of the U.S.A., 1999 - 2001 (Member, Board of Trustees)
Intellectual Property Law Association of Chicago, 1999 - 2000 (President)
Lawyers for the Creative Arts, 1996 - 1998 (Board Member)
Chicago Bar Association, 1992 - 1993 (Chair, Patent, Trademark and Copyright Committee)
NITA Trial Advocacy Program, 1984

Classes and Seminars

"Developments in Copyright Law -- 2003", 48th Annual Conference on Developments in Intellectual Property Law, John Marshall Law School, 2004
Panel Discussion, "Fair Use: Is It or Isn't It?", Copyright Society of the U.S.A., Midwest Chapter, 2003
"Developments in Copyright Law -- 2002", 47th Annual Conference on Developments in Intellectual Property Law, John Marshall Law School, 2003
"Fair Use", Copyright Society of the U.S.A., Midwest Chapter, 2003
"Copyright Basics", Chicago Bar Association Intellectual Property Law Seminar, 2002
"The Fair Use Doctrine in U.S. Copyright Law", Intellectual Property Law Association of Brazil (ABPI), 2002
"Developments in Copyright Law -- 2001", 46th Annual Conference on Developments in Intellectual Property Law, John Marshall Law School, 2002
"Protecting the Art and Artists of Gallery 37", Gallery 37 Center for the Arts, City of Chicago Department of Cultural Affairs, 2002
"Copyright Case Law Developments in 2001", Chicago Bar Association Annual Copyright Seminar, 2002
"Copyright Basics", Chicago Bar Association Intellectual Property Law Seminar, 2001
"Developments in Copyright Law -- 2000", 45th Annual Conference on Developments in Intellectual Property Law, John Marshall Law School, 2001
"Copyright Issues for Creative Professionals", Chicago Creative Coalition, 2001
"Music and the Internet: The Napster Litigation", Chicago Bar Association YLS Intellectual Property Law Committee, 2000
"Copyright Basics", Chicago Bar Association Intellectual Property Law Seminar, 2000
"Copyright Issues for Non-Profit Organizations", Chicago Bar Association Committee on Exempt Organizations, 2000
"Developments in Copyright Law -- 1999", 44th Annual Conference Developments in Intellectual Property Law, John Marshall Law School, 2000
"Copyright Law Developments", Chicago Bar Association Annual Copyright Seminar, 2000
"Copyright Issues in the Publishing Industry", Chicago Women in Publishing, 1999
"Copyright Law -- Recent Case Law Developments", Chicago Bar Association Annual Copyright Law Conference, 1999
Legal Aspects of the Year 2000 Problem: Litigation and Legislation, The Lincoln American Inn of Court, 1998
"Year 2000 Problem", Chicago Bar Association Computer Law Conference, 1998
"Copyright Basics", Chicago Bar Association Intellectual Property Law Seminar, 1998
"Legal Issues Relating to the Year 2000 Problem", Devon Bank, 1998
"Copyright Law Developments", 42nd Annual Conference on Developments in Intellectual Property Law, John Marshall Law School, 1998
"Copyright -- The Year in Review", Chicago Bar Association Copyright Law Conference, 1998
"Copyright Litigation and Remedies in the Entertainment Industry", Chicago Bar Association Entertainment Law Committee, 1997
"Database Protection in Europe and the United States", Chicago Bar Association Computer Law Committee, 1997
"Copyright Restoration in the United States", Union Internationale des Avocats (UIA) Philadelphia Congress, 1997
"Legal Aspects of Publishing Contracts and Electronic Rights", Catholic Book Publishers Assn., 1997
"Copyright Law Developments", 41st Annual Conference on Developments in Intellectual Property Law, John Marshall Law School, 1997
"Online Copyright Issues", Center For Information Technology Annual Seminar, John Marshall Law School, 1997
"Protecting Your Intellectual Property", Women In Design Seminar, 1997
"Copyright Protection for Computer Software after Lotus v. Borland", Chicago Software Association, 1996
"Music Licensing and Copyright", National Guild of Community Schools of the Arts, 1996
"Copyright Restoration under the Uruguay Round Agreements Act", 40th Annual Conference on Developments in Intellectual Property Law, John Marshall Law School, 1996
"Copyright Issues for Libraries and Archives", The Newberry Library, 1995
"Debate on Lotus v. Borland", Copyright Society of the USA, 1995
"Copyright Basics", Chicago Bar Association Intellectual Property Basics Seminar, 1995
"Copyright Protection For Joint Works", AIPLA Mid-Year Meeting. Seattle, WA, 1995
"Copyright and the Information Superhighway", 39th Annual Conference on Developments in Intellectual Property Law, John Marshall Law School, 1995
"Copyright Developments in 1994", 18th Annual Copyright Seminar of the Chicago Bar Association, 1995
"Fair Use Issues Relating to Software and Information Technology", John Marshall Law School Center for Informatics Law, 1994
"Understanding Basic Copyright Law", Practicing Law Institute, 1994
Copyright Reform Bill of 1993, Chicago Bar Association, Patent, Trademark & Copyright Committee, 1994
"Copyright and the Public Domain: Implications For Multimedia, Commercial and Entertainment Uses", 38th Annual Conference on Developments in Intellectual Property Law, John Marshall Law School, 1994
"Copyright Developments in 1993", 17th Annual Copyright Seminar, Chicago Bar Association, 1994
"Copyright Basics", Chicago Bar Association Intellectual Property Basics Seminar, 1993
"Legal Issues Relating To Computerized Imaging", Graphic Artists Guild, 1993
"Fair Use: Copyright Update For Academia", UIC Intellectual Property Symposium, 1993
"Legal Issues Affecting Photographers", Photo Midwest '93, 1993
"Software Copyright Law: A Tumultuous Year in Review", 37th Annual Conference on Developments in Intellectual Property Law, John Marshall Law School, 1993
"Copyright and Trademark Issues For Stock Photo Agencies", Picture Agency Council of America, 1992
"Copyright Issues For Magazine Publishers", Livestock Publications Council, 1992
"Legal Issues Affecting Professional Photographers in the '90's", Photo Midwest '92, 1992
"Digital Sound Sampling and Copyright", CBA Entertainment Law Committee, 1992
"Licensing and Transfer of Computer Software Copyrights", IPLAC Copyright Seminar, 1992
"Fame, Fortune and Copyright Law", CBA Intellectual Property Seminar, 1992
"Copyright Law and The Picture Professional: Current Issues In The Protection, Use, and Ownership of Copyrighted Images", American Society of Picture Professionals, 1992
"University/Industry Relations In Research and Technology: Ownership and Licensing Issues", 36th Annual Conference on Developments in Intellectual Property Law, John Marshall Law School, 1992
"Copyright Issues Affecting Librarians For Audiovisual Works", Art Librarians Society Conference, 1992
"Copyright Protection For Computer Programs", CBA Intellectual Property Seminar, 1991
"Living On The Wild Frontier: The Ownership, Authorship, and Sharing of Ideas and Creative Works in Academe", University of Illinois at Chicago Symposium on Information Exchange in Academe, 1991
"Copyright Protection For Software", CBA Intellectual Property Basics Seminar, 1991
"Copyright Protection For User Interfaces In The 90's", 35th Annual Conference on Developments in Intellectual Property Law, John Marshall Law School, 1991
"Copyright Litigation -- Developments in 1990", Chicago Bar Association, 14th Annual Copyright Seminar, 1991
"Copyright Ownership In Computer Programs", Intellectual Property Law Association of Chicago, 1990
"Copyright Issues For Collectors and Dealers of Photographic Prints", Chicago Photographic Print Fair, 1990
"Obscenity Laws and The Photographer", Advertising Photographers of America. Chicago, 1990
"Copyright Issues In The Computer Industry", Office Automation Society International, McLean, Va, 1990
"Recent Developments in Copyright Law", Society of Professional Artist's Representatives, 1989
"Work Made For Hire Doctrine: Panel Discussion Of CCNV v. Reid.", Intellectual Property Law Center of John Marshall Law School, 1989
"Copyright and Trade Dress Infringement -- Roulo v. Berrie", CBA Patent, Trademark and Copyright Committee, 1989
"Computer Imaging And The Copyright Laws", PLAC Copyright Seminar, 1988
"Antitrust Issues in International Trade", ISBA Seminar, 1987
"Copyright and Trademark Issues in the Designs of Frank Lloyd Wright", Unity Temple Foundation, 1986
"Legal Aspects of International Letters of Credit", International Trade Association of Greater Chicago, World Trade Week Seminar, 1986

Education

Washington University School of Law, St. Louis, Missouri, 1976
J.D.
University of Notre Dame, Notre Dame, Indiana, 1973
B.A.

Articles

Published Works

"Does the Copyright Act Preempt Right of Publicity Actions?", IP Litigator, 9.6, September, 2003
"Thin-Skinned Barbie Meets the Fair Use Doctrine", IP Litigator, 9.5, July, 2003
"Seventh Circuit Adds New Twist to Attorney Fee Issue", IP Litigator, 9.2, February, 2003
"Has the Day of State Court Copyright Infringement Litigation Arrived?", IP Litigator, December, 2002
"Review of Bowker's Copyright: Its History and Its Law", Copyright World, 124, October, 2002
"Revenge of the Troll Dolls: Copyright Restoration for Foreign Works", IP Litigator, 8.8, September, 2002
"The 'Publication' Puzzle in Copyright Law", IP Litigator, 8.7, August, 2002
"Copyright Infringement and the De Minimis Doctrine", IP Litigator, 8.5, May, 2002
"Independent Creation and the Case of the Competing Doll Heads", IP Litigator, 8.3, March, 2002
"U.S. Copyright Case Law Developments in 2001", Copyright World 117, February, 2002
"Answered Prayers and Jury Trials: Mr. Feltner's Lesson", IP Litigator, 8.2, February, 2002
"The Presumption of Irreparable Harm in Copyright Infringement Cases", IP Litigator, 8.1, January, 2002
"The Case of the Inchoate Copyright Registration", IP Litigator, 7.10, December, 2001
"Exceptions to the Copyright Infringement Suit Registration Requirement", IP Litigator, 7.8, September, 2001
"Funky Eyewear Helps Second Circuit See Actual Damages More Clearly", IP Litigator 7.8, August, 2001
"U.S. Copyright Case Law Developments in the New Millennium", Copyright World 110, May, 2001
"Are You Ready? New Federal Legislation Protects Some Y2K Readiness Disclosures", Computer Litigation Journal 5.8, January, 1999
"Drafting Software License Agreements on the Eve of the Millennium", Publ. in newsletter of the Intellectual Property Law Association of Chicago, August, 1998
"The Night I Learned The Essence of Copyright", CBA Record, 12.2, February, 1998
"High Court's 'Lotus' Ruling Will Stifle Innovation", National Law Journal, February, 12, 1996
"Copyright and the Public Domain", National Law Journal, May, 8, 1995
"Fair Use in the High-Tech Arena", National Law Journal, February, 20, 1995
"Copyright and Typeface: Can A Letter Design Be Protected?", HOW Magazine, February, 1994
"Written Deals Have The Right Stuff", SCREEN Magazine, April, 1992
"Do You Own The Copyright In Your Customized Software?", Corporate Legal Times, March, 1992
"Feist v. Rural Telephone Service Co. -- White Pages Not Entitled to Copyright Protection", Editor & Publisher Magazine, June, 1991
"Copyright Protection For User Interfaces In The 90's", Software Law Journal, December, 1991
"Digital Manipulation and The Law", HOW Magazine, January, 1991
"Copyright Ownership in Computer Programs Developed By Independent Contractors", BYTE Magazine, April, 1990
"Copyright Ownership in Computer Programs Developed By Independent Contractors", Repr. in KNOWLEDGEBASE
"Copyright Ownership in Computer Programs Developed By Independent Contractors", Repr. in AISP Newsletter
"Copyright Ownership in Computer Programs Developed By Independent Contractors", Repr. in HUG Int'l, Inc. Journal.
"The Cost of Copyright Infringement", HOW Magazine, May, 1990
U.S. Supreme Court Issues Landmark Decision On Work Made For Hire, Feature. APA Magazine, November, 1989
"Group Exemptions For Exclusive Distribution Agreements in the Common Market", 9 N.C.J. of International Law 231, 1984
"Group Exemptions For Exclusive Distribution Agreements in the Common Market", Repr. in Laws of International Trade, Business Laws, Inc., 1987

Office Information

Address

125 South Wacker DriveSuite 1700 Chicago, IL 60606

Phone

(312) 332-4748

Fax

(312) 332-6376

Email

Websites

http://www.davismcgrath.com

Achievements

Other Sources of Feedback About William T. McGrath

Included on the 2024 Illinois Super Lawyers list

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