With more than 170 attorneys, Winston’s IP practice is one of the most active and highly regarded in the United States. In 2018, our IP litigation practice was ranked in the first tier nationally for the eighth straight year by US News & World Report in its Best Law Firms survey, while both Chambers and Partners and The Legal 500 have recognised our IP practice on a national level.
Winston takes a global approach to the adoption and enforcement of trademarks. On an ongoing basis, Winston not only manages domestic and foreign prosecution deadlines but also assists clients in determining when searches should be conducted, when applications should be filed and when existing registrations should be renewed. We also manage domain name portfolios for clients, including ccTLDs, legacy gTLDs and new gTLDs. Our lawyers are particularly skilled at helping clients develop a branding architecture that maximises brand power cost-effectively. As a measure of our strength in this area, the firm and six partners have been named in previous editions of the WTR 1000.
For several clients, we also provide integrated trademark protection services, including reviewing watch notices and domain name notices and overseeing infringement protection programmes. With our substantial experience in advertising law and domain name issues, we are well suited to assist clients in prioritising their brand protection goals and developing a cost-effective mechanism for pursuing infringements.
We also have a keen view of the interaction between trademarks and the Internet, keeping in mind the effects of social media and domain names when we clear marks; we also use our contacts and reputation in the online industry to eliminate issues for clients. No one understands the implications of social media for trademarks better than we do. In fact, one of our partners literally wrote the book on social media law (McGrady on Social Media, published by LexisNexis).
In addition to managing premier national and international trademark portfolios for clients, we have a thriving practice before the USPTO, the TTAB and the courts, handling a wide range of trademark opposition proceedings and litigation in the United States and throughout the world. Our attorneys also work with clients to optimise their trademark portfolios through licensing arrangements that provide the most value for the brand and meet consumer needs.
Trademark litigation
Winston has an elite litigation practice, with more than 500 litigators in the United States and around the world. We are well versed in the full spectrum of brand enforcement disputes. Our attorneys consistently obtain winning outcomes for clients before numerous courts and agencies in matters involving false advertising; unfair competition; trademark, trade name and service mark infringement; consumer protection claims; counterfeiting; cybersquatting; and other matters involving Lanham Act violations.
As noted above, we have an active practice before the USPTO, the TTAB and the courts that handle trademark proceedings. Likewise, our practice covers counselling on the availability and registrability of trademarks, prosecuting applications for registration before the USPTO and international trademark offices and litigating opposition and cancellation proceedings in trademark offices worldwide.