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Practice Area
Practice Area
We routinely help clients protect and commercialize their intellectual property (IP) assets and provide due diligence on complex technology and IP transactions. We negotiate and draft IP licenses and transfers; provide strategic guidance on optimal structures for IP and IT transactions; and evaluate copyright, trademark, and patent portfolios and provide related due diligence activities in connection with IPOs, mergers and acquisitions, private equity investments, licenses, and other corporate transactions.
Practice Area
Brands across key sectors turn to Winston litigators to defend their reputations in advertising class actions, competitor disputes, and investigations. With litigators based in the U.S.’s busiest jurisdictions—including courts in California, Florida, Illinois, New York, and Texas—we have deep experience and prowess in handling some of the most high-profile and business-essential advertising cases in recent history. These disputes have involved false advertising; unfair competition, unfair business practices, and unjust enrichment; copyright, trade name, and service mark infringement; consumer-protection claims; and violations of the Lanham Act.
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Experience
Insights & News 258 results
In the Media
|June 12, 2025
|1 Min Read
Winston & Strawn partner Bobby Malhotra was quoted in a Bloomberg Law article discussing the OpenAI Inc. copyright lawsuit and legal debate over how to balance a court’s need for information against protecting individuals’ personal data. OpenAI has been challenging a court order to preserve its ChatGPT outputs in a precedent-setting copyright case, claiming the order threatens hundreds of millions of its users’ privacy rights. The first of its kind case will show how courts will weigh legal questions against protecting the privacy of large amounts of personal information in AI-related litigation.
Recognitions
|June 12, 2025
|1 Min Read
Winston & Strawn Recognized in The Legal 500 U.S. 2025
Winston & Strawn is recognized as a top-tier firm in five areas and recommended in an additional 45 categories in the 2025 edition of The Legal 500 U.S. In addition, eight lawyers are listed in the Hall of Fame, four lawyers are recognized as Leading Trial Lawyers, 16 partners were ranked as Leading Partners, four associates are ranked as Leading Associates, one partner is ranked as a Leading Lawyer, five lawyers are recognized as Next Generation Partners, and two lawyers are listed as Rising Stars. A total of 186 lawyers are mentioned by name in Legal 500 United States commentary for their standout contribution to respective practices.
Recognitions
|June 10, 2025
|1 Min Read
Winston Lawyers Named as 2025 IP Stars
Winston & Strawn lawyers have been recognized as 2025 IP Stars by Managing Intellectual Property. Each year, senior practitioners are selected through information obtained by Managing IP’s research analysts from thousands of firms, intellectual property practitioners, and their clients through interviews, emails, and online surveys. IP Stars are recognized as experienced senior IP practitioners in private practice who have been recommended by peers, clients, or someone that is integral to the success of their firm.
Other Results 21 results
Law Glossary
An original work of authorship that is fixed in a tangible form and exhibits at least a minimal amount of creativity may be protected by U.S. copyright law. Under the law, a copyright owner has various exclusive rights to use the protected work, including the right to make copies of it; create derivative works based on it; and distribute it to the public. For certain types of works, the copyright owner also has the exclusive right to publicly perform or publicly display the work.
Law Glossary
What Is the Copyright Royalty Board?
The U.S. Copyright Royalty Board (CRB) is a three-judge panel that functions as an independent unit within the Library of Congress. It performs the duties specified in the Copyright Royalty and Distribution Reform Act. The Act established statutory licenses that let approved parties utilize certain types of copyrighted works by paying a set royalty, without having to request an individual copyright license from each rights-holder. The CRB sets, and periodically adjusts, the rates and terms of the statutory licenses, and can also make determinations on the distribution of statutory license royalties collected by the U.S. Copyright Office. For example, the judges can determine, for a five-year period, the rates musical performers receive when their works are played via digital services. When licensors and licensees cannot reach rate agreements on their own, the CRB hears testimony from the various parties and then sets the rates. CRB Judges serve six-year terms. The first CRB judges were appointed by the Librarian of Congress in 2006.
Law Glossary
Passed in 1998 and implemented in 2000, the Digital Millennium Copyright Act (DMCA) updated U.S. law to meet the requirements of international copyright treaties. The DMCA addresses challenging issues relating to uses of copyrighted material in the digital environment: it limits the liability of online service providers that meet certain conditions, while providing certain procedures for addressing online infringement; it prohibits circumvention of digital technologies that control or limit access to copyrighted works; and it prohibits the removal or modification of certain types of copyright management information contained in protected works. Title II of the DMCA (sometimes also referred to as the Online Copyright Infringement Liability Limitation Act, or OCILLA) is codified at Section 512, Title 17, of the United States Code.