Jennifer A. Golinveaux, Partner

Jennifer Golinveaux is a litigation partner in Winston & Strawn’s San Francisco office who concentrates her practice on complex copyright, trademark, and Internet litigation and counseling.

Ms. Golinveaux has represented clients in a broad range of industries in a number of high-profile intellectual property matters, and has significant experience litigating issues concerning the following: primary and secondary copyright and trademark infringement, the safe harbor and anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA), the Computer Fraud and Abuse Act, the Electronic Communications Privacy Act, cybersquatting, right of publicity, trade secret, unfair competition, and related issues.

Ms. Golinveaux also has significant experience managing international trademark portfolios, and providing trademark and copyright counseling. She has litigated a number of matters before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, and handled a number of Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceedings.

Significant representations include the following:

• Represented Veoh Networks in UMG Recordings, Inc. v. Veoh Networks, Inc., 620 F. Supp. 2d 1081 (C.D. Cal. 2008) and 665 F. Supp. 2d 1099 (C.D. Cal. Sept. 11, 2009) (denying Plaintiff's motion for summary judgment and granting summary judgment for Veoh regarding its entitlement to safe harbor from Plaintiff’s claims of direct and indirect copyright infringement under Section 512(c) of the DMCA).
• Represented Bare Escentuals Beauty, Inc. in a number of trademark and false advertising litigations in the Northern District of California.
• Represented Google in Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146 (9th Cir. 2007) (holding that Google’s use of framing and hyperlinking was a fair use).
• Represented Veoh Networks in Io Group, Inc. v. Veoh Networks, Inc., 586 F.Supp.2d 1132 (N.D. Cal. Aug. 27, 2008) (granting summary judgment for Veoh regarding its entitlement to safe harbor from Plaintiff’s claims of direct and indirect copyright infringement under Section 512(c) of the DMCA).
• Represented a well-known individual as Plaintiff in case involving claims of trademark infringement, right of publicity, and cybersquatting, and resulting in recovery of key domain names.
• Represented a technology company in in rem action under the Anti-cybersquatting Consumer Protection Act, resulting in recovery of key domain names.
• Represented Clearplay Inc. in litigation involving cutting edge copyright and trademark claims challenging Clearplay’s distribution of DVD player control software.
• Represented eBay, Inc. in copyright and trademark infringement and DMCA litigations in the Northern District and Central District of California.
• Represented prevailing Plaintiff in Garden of Life, Inc. v. Letzer, 318 F. Supp. 2d 946 (C.D. Cal. 2004) (granting injunctive relief in connection with the Defendants’ cybersquatting and trademark infringement).

She is admitted to practice in California and before the U.S. District Court for the Northern and Central Districts of California and the U.S. Court of Appeals for the Ninth Circuit.

Activities

Ms. Golinveaux is a member of the Bar Association of San Francisco’s Foundation Board, the International Trademark Association (INTA), the American Intellectual Property Law Associate, and the Copyright Society of the U.S.A.

Education

Speeches and Publications

Ms. Golinveaux is a frequent speaker on copyright, trademark, Internet law, and intellectual property litigation issues. Ms. Golinveaux’s recent speaking engagements include speaking on a panel titled “Ripped...Are Mash-Ups Fair Use...and What Does That Mean for the Future of the Music Industry and Artists’ Earnings?” at the 18th Annual Cutting Edge Music Business Conference on Aug. 27, 2010; speaking on a panel titled “Clash of the Titans: Viacom v. YouTube – Will Copyright Law Undo Google’s Internet Juggernaut?” at the ABA’s annual meeting on Aug. 6, 2010; speaking on a panel titled “Who Owns Data on the Web? User Ownership of Data, Portability of Data, Interoperability” at the 7th Annual Stanford E-Commerce Best Practices Conference on June 25, 2010; co-presenting a Strafford Publications teleconference seminar titled “Policing and Protecting Copyrights on the Internet: Evolving Approaches,” May 12, 2010, on the topic of secondary liability and DMCA Safe Harbor; serving as moderator of “Whose Burden is it Anyway? Does the DMCA ‘Safe Harbor’ Work as Originally Intended” at the 23rd Annual Media and the Law Seminar, April 2010; as moderator of “Internet Piracy” at the Copyright Society of the U.S.A. Mid-Winter Meeting, February 2009; “Intellectual Property Issue-Spotting for Business Lawyers,” Bar Association of San Francisco, January 2009; a Winston & Strawn program titled “Navigating Legal Issues in the Electronic Age” held at six southern California locations on Feb. 20, 2008 and co-sponsored by the Association of Corporate Council’s Southern California Chapter; and a live teleconference, “Policing and Protecting Copyrights on the Internet,” presented by Strafford Publications on Dec. 18, 2007.

Ms. Golinveaux is the author of a widely cited article, “Is Cybersquatting Trademark Dilution?” University of San Francisco Law Review, 1999.