Fenwick & West - US Trademark Rankings 2023
Firm Overview:
“Very solid international reputation.” Fenwick & West is a top choice for international firms instructing US counsel and for foreign brands entering the US market. The full-service firm has seven locations across the US and is recognised by peers for its “expertise and capability” in trademark prosecution, clearance and enforcement, and collaborating with the litigation team when matters become contentious. For US and international portfolios, Fenwick registers marks for more than 1,000 trademark clients in over 180 jurisdictions worldwide. A specialty in technology is a hallmark of the firm with AI and NFT clients seeking Fenwick’s expertise. The firm’s litigation capability is demonstrated in acting for Yuga Labs on the notable NFT-related Bored Ape case
Team Overview:
Silicon Valley-based Karen Webb is a notable individual at Fenwick, bringing her skills in brand strategy to assist the firm’s Top 30 Global Brands 2023 clients, Amazon and Facebook. Similarly prosecution-focused, Mark Jansen is knowledgeable in emerging technologies. Jansen advises technos Cisco Systems, Meta, Peloton, Twitter, Oculus VR and a catalogue of Web3.0 and blockchain clients, on protecting their IP assets. Jedediah Wakefield heads the IP group based in San Francisco. Wakefield’s caseload includes representing Google before the Trademark Trial and Appeal Board and successfully defending Fitbit against a trademark infringement case in the United States District Court for the Northern District of California.
Key Matter:
- The Bored Ape case: Hermes International v Rothschild, S.D.N.Y., No. 1:22-cv-00384, 5/12/23
Fenwick represented Yuga Labs, the creator of the Bored Ape Yacht Club NFT collection, in a high profile and precedential trademark lawsuit claiming two individuals, Ryder Ripps and Jeremy Cahen, created a fake NFT collection that points to images taken from Yuga Labs.
US District Judge John Walter of the Central District of California ruled in favour of Yuga Labs, striking all of the defendants’ state-law counterclaims under the California anti-SLAPP law. The court dismissed federal “no copyright” counterclaims for lack of standing. The court ordered the defendant to cover Yuga Labs’ attorney fees.
The Fenwick team included litigation partners Eric Ball and Molly Melcher, litigation counsel Kimberly Culp, litigation associates Ethan Thomas, Tony Fares, Ryan Kwock and Katie Hauh. Yuga Labs continues to use Fenwick & West for its trademark needs.
Clients:
Baidu, Amazon, Cisco Systems, Facebook, Fitbit, Peloton, Google, PayPal, Twitter, Yuga Labs
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