29 August 2023Features

Foley & Lardner - US Trademark Rankings 2023

Firm Overview:

“I place a lot of high regard on Foley & Lardner”, says a peer. The 25-office full-service firm offers contentious and non-contentious advice, attracting leading clients capable of affording the fees of its partners. Foley’s services include global portfolio management, encompassing prosecution, maintenance and enforcement of trademarks as well as litigious matters before the Trademark Trial and Appeal Board (TTAB), Uniform Domain-Name Dispute-Resolution Policy (UDRP), and federal and state courts. Cost-conscious, Foley’s Budget Management Tool shows clients real-time performance of their IP portfolio against the budget. Foley has nearly 1,000 active clients, and in the last five years, has managed trademark clearance and registration in more than 100 countries, filed more than 8,500 trademarks and represented clients in 1,400+ opposition and cancellation matters.

Team Overview:

Within Foley’s IP team are the Trademark, Copyright & Advertising Litigation attorneys (TCA litigators). Robert Weisbein is “a top-notch trademarks litigation attorney” who is “well versed in all areas of trademarks, including prosecution”. Weisbein’s clientele spans a range of industries, and he assists the likes of Nokia, Yahoo!, and Toys ‘R’ Us in prosecution, and unfair competition and false advertising matters. He represents brands before the federal courts, the TTAB, and court-appointed mediators and private mediations conducted with INTA approval and dispute arbitration panels.

Key Matter:

  • Foley is US trademark counsel for luxury goods company Hermès International, handling its domestic trademark clearance, registration, and maintenance, with some enforcement matters. In an ongoing TTAB matter, Weisbein represents Hermès in an opposition matter regarding the flagship mark ‘Hermès’.
  • CDOC and Bankers Life and Casualty v Gradient Ins. Brokerage and American Senior Benefits, Case No. 1:20-cv-01396 (NDIL). Foley’s team of Jami Gekas and Matt Witsman represent American Senior Benefits (ASB), a national insurance broker working with the largest insurance companies in the US. The matter was brought by competitor, Bankers Life, alleging trademark infringement, false advertising, and unfair competition regarding a marketing brochure made by an ASB partner. After discovery, Bankers Life was forced to withdraw its claim, a successful outcome for Foley’s client. Bankers Life now seeks only injunctive relief, for which the parties await a ruling.
  • Foley manages the trademark portfolio for Darden Restaurants, the world’s second largest full-service restaurant company and owner of brands such as Olive Garden and LongHorn Steakhouse. Foley handles Darden’s global prosecution and brand enforcement, as well as social media work, securing trademark protection for new brands as they expand. The team managing the portfolio includes Gekas, Lindsey Birch, Emily Ostreich and Lauren Speer.

Clients:

Alkermes, American Senior Benefits, Arcus Biosciences, Blink Health, Chegg, Cloud Cannabis, Darden Restaurants, Do Good Foods, Euclid Vision Group, Global Payments, Helix OpCo, Hermès International, Milwaukee Brewers Baseball Club, Mindvalley, Naked Wines, Robert Half International (RHI) and Protiviti, SA Hospitality Group, Slutty Vegan, SmileDirectClub, Sub-Zero Group, United Therapeutics, WR Grace, ZS Associates.