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Professionals 84 results
Capabilities 24 results
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
Winston’s Intellectual Property (IP) Practice is one of the most active and highly regarded in the United States per Chambers USA, Benchmark Litigation US, and Best Law Firms®, among other ranking organizations. Our team features some of the country’s best IP lawyers, attorneys with the technical abilities to litigate and try highly complex IP disputes, and technical lawyers who provide critical advisory services.
Experience 5 results
Experience
|August 1, 2023
American Multinational Hedge Fund and Financial Services Company Trademark Counseling
Winston does significant brand enforcement work for an American multinational hedge fund and financial services company, including trademark opposition and cancellation proceedings, UDRP and related domain name proceedings as well as other enforcement work on a global basis. We represent the company in its global trademark portfolio management and in domain registry matters and in connection with IP licensing. We also advise on other IP-related matters, including open-source counseling.
Experience
|December 28, 2022
Winston Represented Health Brands Company in Trademark Infringement Case
Represented Kiva Health Brands, LLC, a Hawaii-based company that sells natural supplements and food products under the KIVA mark in a trademark infringement action against Kiva Brands, Inc., a California-based company that sells cannabis-infused edibles also under the KIVA mark. Kiva Brands counterclaimed against Kiva Health for infringement of Kiva Brands’ California state trademark registration for the KIVA mark. The case presented a number of novel trademark issues relating to Kiva Brands’ attempted enforcement of its trademark rights for products that are illegal under federal law and the narrowing gap between the cannabis and CBD market and the health food and supplements market. Kiva Health defeated Kiva Brands’ laches defense following an evidentiary hearing with witness testimony, after which the judge agreed with Kiva Health that any delay in taking action against Kiva Brands was reasonable in light of Kiva Brands’ progressive encroachment into Kiva Health’s market. The case settled favorably for the client shortly thereafter.
Experience
|July 17, 2020
Defended Generic Drug Manufacturer in Trade Dress Infringement Case
Represented Respirent Pharmaceuticals Co., Ltd., a Chinese generic drug manufacturer in a trademark infringement action. Glaxo sued Respirent alleging that the trade dress of a Respirent inhaler device infringes on the trade dress of Glaxo’s Diskus inhaler device. Respirent counterclaimed to cancel Respirent’s trade dress registrations on the grounds that the dress is functional. The parties have settled their dispute and Winston continues to represent Respirent in connection with its U.S. trademark matters.
Insights & News 275 results
Recognitions
|January 30, 2026
|1 Min Read
Winston Trademark Team Recognized in the WTR 1000 2026 Rankings
Winston & Strawn is once again recognized in World Trademark Review (WTR) 1000. WTR undertakes exhaustive qualitative research to identify the leading professionals and firms that are deemed outstanding at obtaining, protecting, managing, enforcing, and monetizing trademarks.
Recognitions
|January 9, 2026
|Less Than 1 Min Read
Winston Recognized in World Intellectual Property Review’s 2025 Trademark Rankings
Winston was recognized in World Intellectual Property Review's (WIPR) USA Trademark Rankings 2025. The rankings are “designed to identify the foremost legal talent dedicated to brand protection across the US.”
Sponsorship
|October 15, 2025
Winston & Strawn Sponsors, Speaks at ChIPs 2025 Global Summit
Winston & Strawn was a proud sponsor of the 2025 ChIPs Global Summit, which brings together women from all over the world working in technology, policy, private practice, corporations, government, academia, and beyond. Each year, the summit aims to advance innovation through diversity of thought and connect women through engagement opportunities.
Other Results 25 results
Site Content
What Is Trademark Infringement?
Trademark infringement is defined as the unauthorized use of a trademark or service mark. This use can be in connection with goods or services and may lead to confusion, deception, or a misunderstanding about the actual company a product or service came from. Trademark owners can take legal action if they believe their marks are being infringed. If infringement of a trademark is proven, a court order can prevent a defendant from using the mark, and the owner may be awarded monetary relief.
Site Content
The term cybersquatting refers to the unauthorized registration and use of Internet domain names that are identical or similar to trademarks, service marks, company names, or personal names. Cybersquatting registrants obtain and use the domain name with the bad faith intent to profit from the goodwill of the actual trademark owner. Both the federal government and the Internet Corporation for Assigned Names and Numbers have taken action to protect the owners of trademarks and businesses against cybersquatting abuses.
Site Content
The United States Patent and Trademark Office refers to a trade secret as a type of intellectual property. This definition of trade secret is in reference to the business ownership of a formula, pattern, compilation, program, device, method, technique, or process that provides a competitive edge. As a member of the World Trade Organization, the U.S. government has a responsibility to protect trade secrets. The passage of the Defend Trade Secrets Act of 2016 (DTSA) also increased trade secret protection. Under the DTSA, an individual or organization may be found liable in a civil case for the misappropriation of trade secrets.