• vcard
720.931.1191
  • Education
    • J.D., University of New Hampshire School of Law, 1991
    • B.S., University of Colorado-Boulder, 1987, Business Administration, emphasis on Corporate Finance
    • B.S., University of Colorado-Boulder, 1987, Electrical Engineering and Computer Science
  • Court Admissions
    • U.S. District Court, District of Colorado
    • Tenth Circuit Court of Appeal
    • Federal Circuit Court of Appeals

John Posthumus is a brand and technology lawyer with more than 30 years of experience litigating complex intellectual property related disputes and providing sophisticated IP counseling. John is ranked in the top tier for IP Litigators by Chambers Colorado and among the Top 100 Lawyers in Colorado by Super Lawyers. He has a national reputation for efficiently handling IP litigation matters and is admitted to numerous U.S. District Courts across the United States, including jury and bench trials in federal courts. John is a lead enforcement counsel in trademark and unfair competition matters for an international real estate company.

Finally, John has shown strong leadership in the legal community.  He completed a three-year leadership term for the IP Section of the Colorado Bar Association that included working with Senator Michael Bennet to draft what eventually became Section 23 (“Satellite Offices”) of the America Invents Act, and subsequently leaded the Colorado team to successfully pitch the USPTO to award a satellite office to Denver (Dallas and Silicon Valley also awarded offices).

 
  • RE/MAX LLC v. Shenzhen Remax Co., Ltd. (Represented RE/MAX in obtaining a Judgment for violation of Section 43(c) of the Lanham Act (Dilution by Blurring) against a Chinese company distributing “Remax” products in the U.S. and enforced the Judgment to take down Defendant’s “Remax” products sold through third-party e-commerce entities).
  • Zahourek Systems, Inc. v. Balance Body University, LLC (Represented Balance Body and obtained judicial dismissal of Plaintiff’s claims for breach of contract, trademark infringement, unfair competition, and misappropriation. The only remaining claim for copyright infringement is set for trial in 2021).
  • Represented Pulitzer Prize-winning author in a successful negotiation of motion picture contract with Focus Features – resulting movie was later nominated for multiple Academy Awards, including Best Picture.
  • Oralabs, Inc. v. Kind Group LLC (Represented Oralabs in declaratory judgment action involving trade dress and design patent claims asserted by Defendant, who was the owner of the EOS brand lip balm product. Successfully settled claims to Oralabs’ benefit the day before the start of lengthy jury trial). 
  • NextFoods, Inc. v. Societe Des Produits Nestle S.A. et al. (Represented NextFoods to successfully resolve trademark and trade dress infringement claims against Nestle’s introduction of new beverage product).
  • Four Winds Interactive LLC v. 22 Miles, Inc. (Successfully resolved Four Winds’ claims for patent and copyright infringement arising from Defendant’s software. During the course of the matter, completed a lengthy source code review with the assistance of a technical expert).
  • 915 Labs, LLC. v. Peterson (Represented 915 Labs to successfully resolve claims against a former officer/employee for breach of an employment agreement, unjust enrichment and trade secret violations).
 
text icon Publications & Presentations
Quoted, Denver Business Journal
July 23, 2020
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Speaker, Polsinelli Business Law Institute
July 15, 2020
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A Brief History of the U.S. Patent and Trademark Office in Denver
Author, ColoradoBIZ
November 11, 2019
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Quoted, Law Week Colorado
October 15, 2019
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Five-Year Scorecard: A Look at Successes and Challenges of Denver's U.S. Patent and Trademark Office
Quoted, Denver Business Journal
August 15, 2019
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Colorado Rule of Professional Conduct 8.4
Speaker, IP Section, Colorado Bar Association
August 29, 2017
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Leading Edge Challenges: Amendments at PTAB
Panelist, Federal Circuit Bar Association
February 17, 2017
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PTAB TRIALS: A Live PTAB Hearing
Moderator, AIPLA Annual Meeting
October 2016
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What AI, Analytics and Machine Learning Mean for the Future of Intellectual Property Law
Moderator, Intellectual Property Law Section Luncheon, Colorado Bar Association
October 2016
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IP section Town Hall: Does Section 101 Merit a Legislative Change?
Moderator, Intellectual Property Law Section Luncheon, Colorado Bar Association
May 2016
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