Winston & Strawn

Firm overview:

“We’re always up against them.” Established US trademarks firms recognise Winston & Strawn as a regular opponent. A mid-size global firm, Winston & Strawn has nearly 1,000 attorneys across the US, Europe, Asia, and the Middle East. The firm runs a thriving nationwide trademarks practice before the US Patent and Trademark Office (USPTO), Trademark Trial & Appeal Board (TTAB), and the courts, handling a wide range of trademark opposition proceedings and litigation in the US and throughout the world. The team helps to develop clients’ trademark portfolios through licensing arrangements and takes a keen interest in the interaction between trademarks and social media.

Outgoing USPTO director Kathi Vidal rejoins Winston on December 16, 2024 as a partner in the litigation department and member of the firm’s executive committee. Vidal, who spent five years with the firm prior to her role at the helm of the USPTO, said she was returning to Winston because of its “incredible team and culture which is well-positioned to handle the issues of the future”.

Team overview:

San Francisco and Silicon Valley based Jennifer Golinveaux is a key contact for both brand enforcement / trademark litigation and trademark prosecution.

Key matters:

• MLB PLAYERS INC., Plaintiff, v. DRAFTKINGS, INC., f/k/a DK CROWN HOLDINGS INC. and BET365 GROUP LIMITED, Defendants. Winston & Strawn attorneys Jeffrey Kessler and Diana Leiden represent MLS Players, a group representing Major League Baseball players, alleging sports gambling companies, DraftKings and bet365 Group knowingly and deliberately misappropriated the images and likenesses of hundreds of MLB players for their own commercial purposes on their sportsbook betting online and mobile platforms, and in associated advertising, without the consent of MLBPI. Megan Bannigan leads a Debevoise & Plimpton team defending the suit.
• In November 2024 video game maker Roblox settled a lawsuit that accused toymaker WowWee of selling figurines that violated its copyright and trademark rights in character avatars. Winston & Strawn represented WowWee in the matter, with a team of Golinveaux, Michael Elkin, Thomas Kearney and Diana Leiden.

Clients:

Addus Homecare, The American Legion, Brave Books, Charles Schwab & Co, Driscoll’s, Enzyme Solutions, E Remy Martin, Guardian Life Insurance, Inter-Industry Conference on Auto Collision Repair (I-CAR), Outside Magazine, WowWee.