Honors & Awards
- Senior Fellow, Litigation Counsel of America
- University of Louisville Brandeis School of Law Distinguished Alumnus, 2022
- Kentucky Super Lawyers®, 2007-2023 (Intellectual Property Litigation)
- Kentucky Super Lawyers® 2019 and 2023: Recognized as Top 10 Attorney in Kentucky
- Kentucky Super Lawyers® 2011-2015, 2017-2022: Recognized as Top 50 Attorney in Kentucky
- Named WIPR Leader (World Intellectual Property Review) 2017-Present
- Martindale-Hubbell AV-Preeminent Peer Review Rated
- Chambers USA, 'Leaders in their Field', 2016 to Present (Intellectual Property Kentucky)
- The Best Lawyers in America®, 2007-2025 (Litigation - Intellectual Property; Trademark Law)
- The Best Lawyers in America®, 2016 "Lawyer of the Year" (Litigation - Intellectual Property)
- The Best Lawyers in America®, 2015 "Lawyer of the Year" (Trademark Law)
- Chambers USA: "America's Leading Lawyers for Business", Intellectual Property, 2013-Present
- Who's Who, Trademarks, 2013-Present
- Louisville Magazine's "Top Lawyers" for Copyright Law, 2013-2014
- Managing Intellectual Property, IP Stars, 2013-Present
- Best for Copyright Infringement Litigation - Kentucky
- Best for IP Litigation - Southern USA, 2017-2018
Admissions
Kentucky
U.S. Supreme Court
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals 2nd Circuit
U.S. Court of Appeals 5th Circuit
U.S. Court of Appeals 6th Circuit
U.S. Court of Appeals 8th Circuit
U.S. Court of Appeals 10th Circuit
U.S. Court of Appeals 11th Circuit
U.S. District Court for the Eastern District of Kentucky
U.S. District Court for the Western District of Kentucky
U.S. District Court for Arizona
U.S. District Court for the District of Colorado
U.S. District Court for the Central District of Illinois
U.S. District Court for the Northern District of Illinois
U.S. District Court for the Southern District of Indiana
U.S. District Court for the Eastern District of Texas
Education
University of Louisville Louis D. Brandeis School of Law, Louisville, Kentucky, J.D., 1979
Hanover College, Hanover, Indiana, B.A., 1976
- Major: Economics
Overview
Decades of practicing law have taught Jack Wheat that no intellectual property matter occurs in a vacuum. Clients turn to him to navigate the complexly interconnected world of intellectual property law because of his extensive experience and understanding, as well as the high value he places on communication and networking. For over 30 years, Jack has helped his clients through patent, trademark, and copyright infringement litigation, as well as trademark and copyright registration. He founded and led Kentucky’s largest intellectual property boutique firm of Wheat, Smith & Beres, and his national practice has taken him to over 30 states, seven United States Circuit Courts of Appeals and the United States Supreme Court.
Jack knows that trademarks, copyrights, and patents are the lynchpin of many businesses. That’s why he offers his clients assistance with every step of the trademark and copyright registration process and advises his clients how to proceed in the face of trademark, copyright or patent infringement. By working with clients to evaluate strengths and weaknesses, he develops the most enduring and comprehensive methods of protecting valuable intellectual properties, avoiding trial when prudent and aggressively litigating when properties are threatened or questioned. His unique business-focused approach to litigation is tailed to each client’s goals. It is this business sense, combined with his ability to handle the complicated technical issues that are often intertwined with IP disputes, which separates his legal experience from others.
Beyond the office and courtroom, Jack periodically serves as an Adjunct Professor of Intellectual Property at the University of Louisville Brandeis School of Law and coach of the school’s Lefkowitz Trademark Law Moot Court Teams. He is also an ordained elder of the Presbyterian Church U.S.A., a former Commissioner and Moderator (Chief Judge) of the Permanent Judicial Commission of the Presbytery of Mid-Kentucky, and a former Commissioner of the Synod of the Living Waters Permanent Judicial Commission. Additionally, he is a member of the Order of Constantine of the Sigma Chi Fraternity, and Legal Counsel to the fraternity’s Licensing Committee. Previously, he served as Grand Praetor (regional supervisor) of the Fraternity’s Kentucky Province.
Primary Practice
Additional Practice Experience
Affiliations
Professional Activities
- Board of Directors of the Christian Care Communities Foundation
- American Bar Association, Intellectual Property Section; Co-Chair, Dilution Law Subcommittee, 1999; Chair, Right of Publicity Subcommittee, 2004-06
- Sigma Chi Fraternity Licensing Committee, Legal Counsel, 1991 - present
- Kentucky Bar Association
- International Trademark Association; Member, Amicus Committee
- Louisville Bar Association, Intellectual Property Section, Chair, 1989, 1990 and 1994
News & Insights
News
- December 2, 2024
- October 15, 2024
- August 15, 2024
- January 9, 2024
- November 7, 2023
- August 17, 2023
- December 29, 2022
- December 15, 2022
- November 21, 2022
- September 19, 2022
- August 18, 2022
- July 25, 2022
- June 27, 2022
- December 30, 2021
- October 20, 2021
- September 16, 2021
- August 19, 2021
- July 20, 2021
- Super Lawyers, December 10, 2020
- Business Lexington, October 8, 2020
- August 20, 2020
- Super Lawyers, December 2, 2019
- Business Lexington, October 2019, September 26, 2019
- U.S. News – Best Lawyers® in America, September 4, 2019
- July 1, 2019
- March 6, 2019
- February 15, 2019
- January 16, 2019
- December 19, 2018
- December 3, 2018
- Louisville Business First, December 29, 2017
- Attorneys from McBrayer law offices in Lexington and Louisville achieved a 2018 listing in U.S. News Best Lawyers in AmericaAugust 15, 2017
- World Intellectual Property Review, October 25, 2016
- Chambers USA 2016 recognizes McBrayer attorneys as 'Leaders in their Field'Chambers USA, March 29, 2016
- Jack A. Wheat joins the firm's Louisville OfficeJanuary 4, 2016
Seminars & Speaking Engagements
- Lexington, KY, June 3, 2019
- IP 101: A Non-Specialist’s Guide to the Basics of Intellectual Property LawKentucky Bar Association Annual Convention, June 21, 2017
- Louisville, Kentucky, May 15, 2017
- Patchworks and Pitfalls: Server Training and State Laws and RegulationsNew Orleans, LA, October 5, 2016
- IP 101: A Non-Specialist’s Guide to the Basics of Intellectual Property LawKentucky Bar Association Annual Convention, June 16, 2010
- Ethical Considerations in Intellectual Property LawLouisville Bar Association Continuing Legal Education ProgramLouisville, KY, June 19, 2003
- Supreme IPOn experience arguing at United States Supreme CourtLouisville Bar Association Continuing Legal Education Program, February 19, 2003
Articles
- They're Coming to Steal Your IdeasLouisville Business First, March 18, 2016
- Business First of Louisville, January 22, 2016
- IP Practices GrowingLane Report, February 1, 2010
- Intellectual Property audits can identify assets to be protectedBusiness First of Louisville, August 21, 2009
- All in the nameThoroughbred Times, February 29, 2008
- Protect yourself from competition by former employeesBusiness First of Louisville, May 1, 2005
- To franchise or not is a big questionBusiness First of Louisville, August 6, 2004
Blogs
Blog Posts
- SCOTUS: You Can't Register Someone Else's Name as a Trademark, Especially Not TRUMP TOO SMALL June 17, 2024
- Trademark Registrants, Take Note: COVID-19 Presents Some Challenges for Maintaining Trademark Registrations March 30, 2021
- McDonald's Learns a Trademark Truism: "Use It or Lose It" January 16, 2019
- Court in Copyright Case: Don’t Embed That Tweet! June 6, 2018
- Supreme Court Holds under First Amendment that Offensive, Disparaging Words Can Be Granted Trademark Protection July 11, 2017