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John T. Winemiller, Ph.D.

he / him / his

Partner & Chief Diversity Officer

John T. Winemiller, Ph.D. photo

John Winemiller is a seasoned trial attorney and valued counselor to businesses and individuals. He handles all manner of IP litigation in trial and appellate courts across the United States. He assists clients with the acquisition, management, and enforcement of trademark portfolios. And he advises clients about their marketing and advertising claims. At Merchant, John is the managing partner of the firm’s Knoxville office and serves as the firm’s Chief Diversity Officer. 

John has represented clients in a broad range of industries, from electrical switches, medical devices, and pet products to fashion, furniture, and home building. He has secured favorable trial and pre-trial results and significant settlement wins in disputes in courts of all levels. Beyond IP, he has extensive experience with commercial litigation, contract and agreement work, and alternative dispute resolution. His ability to understand and articulate complex concepts in a way that decision-makers can understand helps him assist his clients in protecting their most important business assets.

Prior to becoming a lawyer, John Winemiller received an M.A. and Ph.D. in music history and theory from the University of Chicago, where he taught before joining the faculty of the State University of New York at Stony Brook. John's academic research focused on the nexus between the creative process and eighteenth-century conceptions of intellectual property. His interest in theories of the ownership of ideas led him to law school and, ultimately, to Merchant. Before entering private practice, he clerked for federal judges on the Fifth Circuit Court of Appeals and the United States District Court for the Eastern District of Tennessee.

John is an active member of several bar associations and serves on committees of the American Intellectual Property Law Association, Tennessee Bar Association, the Tennessee Intellectual Property Law Association, and the Knoxville Bar Association. He served two five-year terms as an appointed Commissioner for Knoxville’s Community Development Corporation, the city’s public housing and development authority. He is a current or past member of numerous civic boards, including the Tennessee Justice Center, the Newberry Consort, the Big Ears Festival, the Knoxville Symphony Orchestra, the Knoxville Jazz Orchestra, and Positively Living.

John frequently represents individuals, arts groups, and civil rights groups on a pro bono basis, and is a sought-after writer, speaker, and teacher on intellectual property matters. In his spare time, John enjoys reading, hiking, travel, art of all forms, and live performance.

Lippert Components, Inc. v. Apex Custom Furniture, LLC (Eastern District of Tennessee) – Represented manufacturer in patent infringement lawsuit about furniture for recreational vehicles.

In The Matter Of Certain Liquid Crystal Display Devices (U.S.I.T.C.) – Represented Complainants in Section 337 investigation involving patents relating to television manufacturing technology.

In re: Protect Animals With Satellites, LLC, Litigation (Eastern District of...

  • The University of Tennessee College of Law, J.D.,

    summa cum laude (Editor in Chief, Tennessee Law Review; Order of the Coif)

  • University of Chicago, Ph.D. Music History and Theory
  • University of Chicago, M.A. Music History and Theory
  • Carleton College, B.A. Music History and Theory,

    magna cum laude

  • Tennessee State Bar
  • Eastern District of Tennessee
  • Middle District of Tennessee
  • Western District of Tennessee
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Federal Claims
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Sixth Circuit

Law clerk, the Honorable James L. Dennis, Judge of the United States Court of Appeals for the Fifth Circuit, 2002-2003

Law clerk, the Honorable Curtis L. Collier, Chief Judge of the United States District Court for the Eastern District of Tennessee, 2000-2002

American Bar Association

American Bar Foundation

American Intellectual Property Law Association

Knoxville Bar Association

Knoxville Bar Foundation

Tennessee Intellectual Property Law Association

Tennessee Bar Association

The Hamilton Burnett American Inn of Court

Selected to Cityview Magazine’s Knoxville Top Attorneys (2014–2026)

Recipient, Outstanding Pro Bono Service Recognition, Lambda Legal (2024)

Member, Chancellor’s Associates (University of Tennessee) (Class of 2023)

Member, Leadership Knoxville (Class of 2019)

Fellow, Leadership Council on Legal Diversity Fellows Program (Class of 2018)

Participant, Tennessee Bar Association Leadership Law (Class of 2006)

Recipient, Award of Merit, National Center for Missing and Exploited Children

Adjunct Professor, University of Tennessee Winston College of Law (2008-present) –civil procedure, IP litigation, pretrial litigation, and trademark law

 

American Intellectual Property Association, Diversity in IP Committee

Tennessee Bar Association, Attorney Engagement & Opportunity Committee

Knoxville Bar Association, Diversity Committee

Tennessee Justice Center, Board of Directors

The Newberry Consort, Board of Directors

Big Ears Festival, Board of Directors

Knoxville Symphony Orchestra, Board of Directors

Knoxville’s Community Development Corporation, Commissioner and Chair (past)

Knoxville Jazz Orchestra, Board of Directors (past)

Positively Living, Board of Directors (past)

Performing Arts & Lecture Series, Founder (past)

The Actors Co-op, Board of Directors (past)

Contributing author, “What I Learned About Inclusion and Why It Matters,” Knoxville Bar Association Dicta, September 2021

“The Impact of COVID-19 on Law Firm Operations,” DICTA (Knoxville Bar Association), September 2020 – co-author, Brad Brittian

Guest Columnist, To increase inclusion, start by tracking diversity, Knoxville News Sentinel, December 2019

Fictional Brands, Famous Marks: Recurring characters, places, and elements can serve as source identifiers for creative works in LANDSLIDE (ABA Section of Intellectual Property Law), March/April 2019 – co-author, Ian G. McFarland

FTC regulates ‘influencer advertising’ on social media, in Greater Knoxville Business Journal (knox.biz), August 2018 – co-author, Elizabeth C. Harwood

John Winemiller: Proposed legislation targets patent trolls, Knoxvillebiz.com, April 7, 2014

Avoiding that ‘Cease and Desist’ Letter, KBA The Consigliere, Vol. 7, No. 1, Winter 2012

The Endangered Species Act and the Imprecise Scope of the Substantial Effects Analysis, 18 Tulane Environmental Law Journal 159, 2004

Casenote, United States v. Scheffler, 77 Tennessee Law Review 331, 1998

Recontextualizing Handel’s Borrowings, 15 Journal of Musicology 444, 1997

Borrowing, Copyright, and Proprietary Authorship, 8 American Handel Society Newsletter 1, 1993

Speaker, “Smart Contracts, E-Signatures, and Remote Online Notarization,” Knoxville Bar Association, March 31, 2023

Speaker, “IP Settlement Agreements After 1-800 Contacts,” Tennessee Intellectual Property Law Association, November 5, 2021

Speaker, “Settling Trademark and Other IP Disputes: Key Lessons from 1-800 Contacts, Balancing Antitrust and IP Interests,” Strafford CLE, September 9, 2021

Speaker, Three Takedowns: Protecting Your Brand Online, Tennessee Chapter of the Association of Corporate Counsel,  April 21, 2021

Moderator, Tuneful or Tone Deaf?: Three lessons in brand enforcement and management gleaned from the headlines,Tennessee Chapter of the Association of Corporate Counsel, October 14, 2020

Speaker, Stories of Innovation: The Impacts of COVID-19 on Intellectual Property, Leadership Council on Legal Diversity, September 17, 2020

Speaker, A Discussion about Business Law, Knoxville Bar Association, July 28, 2020

Speaker, COVID-19’s Lasting Impact on the Practice of Law and the Courts, Knoxville Bar Association, May 19, 2020

Speaker, Introduction to Copyrights, University of Tennessee School of Music, February 4, 2020

Speaker, Introduction to Copyrights, University of Tennessee School of Music, April 2, 2019

Speaker, Vicarious Liability in IP Litigation: What Officers, Directors, and Employees Need to Know, Tennessee Chapter of the Association of Corporate Counsel, March 12, 2019 – co-presenter, Brad Brittian

Speaker and Organizer, Counseling Businesses about the Good, the Bad, and the Ugly of Social Media: A Tool Kit for Attorneys, Knoxville Bar Association, September 28, 2018

Speaker, Cybersecurity: Detect and Prevent Cyber Attacks, Tennessee Chapter of the Association of Corporate Counsel, April 5, 2018

Chair and Speaker, Intellectual Property: CLE Bytes, Tennessee Bar Association, Nashville, April 5, 2017

Chair, A Look at the Executive Order Travel Bans, The Hamilton Burnett American Inn of Court, March 14, 2017

Speaker, Legal and Non-Legal Strategies for Managing Social Media Content, Tennessee Chapter of the Association of Corporate Counsel, June 8, 2016

Panelist, Ethics Panel, 2016 Tennessee Intellectual Property Law Association Annual Meeting, May 6, 2016

Speaker, Access Your Office from Anywhere, Knoxville Bar Association 2016 Law Expo CLE, April 22, 2016

Speaker, Safeguarding Trade Secrets: Tips and Tools for Identifying, Managing, and Protecting Confidential Business Information, Tennessee Chapter of the Association of Corporate Counsel, October 28, 2015

Don’t Just Stand There; Do Something! Consequences of Pending Anti-Troll Legislation on Pleading Standards, Rule 11, and the American Rule at Knoxville Bar Association CLE Program Lord of the Bling: Trolls, Treasure and Trends in IP Litigation that May Impact Any Client, February 28, 2014