Joy J. Wildes of Davis+Gilbert LLP

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Joy Wildes plays a key role in the creative branding process with strategic trademark, advertising and intellectual property (IP) advice. Her solutions help companies and creative agencies protect their brands while pursuing their business objectives in the United States and internationally.

While working across a range of industries, including automotive, financial services, food services, sports and consumer products, Joy focuses on removing trademark obstacles and advertising concerns to help clients move forward. Her cost-effective and strategic filing programs provide thoughtful and effective brand protection.

Joy approaches contentious trademark matters from a business and legal perspective. She strives to achieve settlement agreements that establish boundaries, clearly define usage terms and maintain brand integrity. Joy also negotiates and drafts licensing and other IP agreements to help clients monetize their brands.

She has established deep relationships with marketing agencies and in-house client teams that appreciate her understanding of the creative process and collaborative approach.

Before she joined Davis+Gilbert, Joy spent several years as in-house counsel at Carter-Wallace Inc., a personal care products and pharmaceutical company. In that role, she experienced the unique perspectives and challenges her in-house counsel clients regularly face. This further provides her with an ability to take a broader view of brand goals when considering trademark and marketing needs to inform valuable and practical legal advice.

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Trademark Considerations for Copyrighted Works in the Public Domain

In the United States, an original work of authorship fixed in a tangible medium of expression (meaning the work can be communicated in a visual or audio form) is a protectable copyright. This means that the owner has the exclusive right to reproduce, adapt, publish, perform, and display the work. Because copyright protection has a … Continue Reading

Black Lives Matter Movement Sparks Branding Changes

The tragic killings of George Floyd, Breonna Taylor and Ahmaud Arbery this year, among others, have reinvigorated the Black Lives Matter movement, resulting in powerful nationwide conversations about racial injustice in the United States, with far-reaching ripple effects. Businesses across industries — such as sports, entertainment, consumer products and higher education — have reevaluated certain … Continue Reading

Supreme Court Unanimously Rules That Willfulness Is Not Required to Recover Profits

The U.S. Supreme Court resolved a circuit split on April 23, 2020, by unanimously holding in Romag Fasteners, Inc. v. Fossil Group, Inc., et al. that a brand owner is not required to prove that a trademark infringer acted willfully in order for the owner to be awarded the infringer’s profits. Background Romag Fasteners, Inc. … Continue Reading


What constitutes a “scandalous” trademark? The United States Patent and Trademark Office (USPTO) has been grappling with this question since the enactment of the 1905 Trademark Act, later codified in the 1946 Lanham Act, which forbids registration of any mark that “[c]onsists of or comprises immoral . . . or scandalous matter.” Since the creation of this provision, the USPTO has regularly rejected marks for … Continue Reading