Fenwick & West

Firm overview:

With a “very solid international reputation,” Fenwick & West is a top choice for international firms instructing US counsel and for foreign brands entering the US market. Its trademark practice has over 1,000 clients, most of which have major brands and global needs.

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.

A speciality 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:

Partner Mark Jansen is a go-to lawyer for matters related to emerging technologies. He advises clients such as Cisco Systems, Meta, Peloton, Twitter, Oculus VR and a catalogue of Web3.0 and blockchain entities on protecting their IP assets.

Silicon-valley based partner Karen Webb brings her brand strategy skills to assist clients in the social media and internet space, including advising platforms on trademark issues and helping brand owners navigate social media.

Key matters:

Fenwick secured a first-of-its kind summary judgment for client Yuga Labs, creator of the Bored Ape Yacht Club NFT collection, successfully enforcing the client’s rights without a trademark registration. The defendants, who violated federal trademark law by using the Bored Ape logo to sell lookalike NFTs, were ordered to pay more than $1.5 million in damages as well as legal fees.

Clients:

Baidu, Amazon, Cisco Systems, Facebook, Fitbit, Peloton, Google, PayPal, Twitter, Yuga Labs.