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Professionals 167 results
Capabilities 44 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 7 results
Experience
|May 15, 2025
Winston Secures Federal Circuit Victory for Snap Axing Image-Presentation Patents on the Pleadings
Ask Sydney sued Snap along with four large tech companies in the Western District of Texas, Waco Division, asserting infringement of two related patents on methods of generating and presenting images to a user to determine the user’s interest. Working closely with Snap, Winston successfully moved to transfer the case to the Central District of California, then moved for judgment on the pleadings of patent-ineligibility under § 101 of the Patent Act. Following a hearing with multiple rounds of argument, the district court granted the motion, adopting Winston’s arguments that distinguished findings by the patent examiner during prosecution and by the Western District of Texas, which had denied § 101 motions brought by two other defendants. Ask Sydney appealed, but the Federal Circuit summarily affirmed three days after oral argument, handing Snap a decisive win invalidating all claims of both asserted patents. Eimeric Reig led the strategy and argued the appeal and motion hearing, working with Kathi Vidal and Kelly Hunsaker.
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.
Insights & News 628 results
Global Trade & Foreign Policy Insights
|October 16, 2025
|4 Min Read
Cari’s Legal Exchange: Regulatory Risks and Enforcement Realities — Part 2
Part two of Cari’s Legal Exchange covers the shift from civil forfeiture to criminal prosecution, the impact of U.S. sanctions on Mexican cartels, and the expanding risk for companies in various industries.
Global Trade & Foreign Policy Insights
|October 15, 2025
|8 Min Read
Cari’s Legal Exchange: Regulatory Risks and Enforcement Realities — Part 1
In part one of Cari’s Legal Exchange, Cari Stinebower and partner and former U.S. Attorney for the District of Columbia Matt Graves discuss how companies can navigate evolving DOJ voluntary disclosure programs, the importance of compliance, and the growing focus on individual accountability in corporate investigations.
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 27 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.