Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About

Trending Topics

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni

    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor & Employment
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations

    Industries

    View All

    • Cannabis
    • Consumer
    • Energy
    • Entertainment
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Non Profit
    • Real Estate
    • Technology

    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    1. Home
    2. People
    3. Robert A. WeikertPeople
    1. Home
    2. People
    3. Robert A. WeikertPeople

    Robert A. Weikert

    Partner / Office Managing Partner, San Francisco


    • San Francisco, Los Angeles
    • Office415.984.8385
    • rweikert@nixonpeabody.com
    • Download vCard
    • Share
    • LinkedIn Profile

    Introduction

    Rob Weikert is a senior partner in the Privacy and Technology Litigation practice group. He has more than thirty-seven years of experience representing clients from a wide spectrum of industries in complex, high stakes commercial disputes, with a particular focus on intellectual property matters. His practice runs the resolution gamut, from informal early stage settlements to trial and appellate work. Rob also serves as the Managing Partner of our San Francisco office.

    Practice Areas

    Complex DisputesArbitration, Mediation & Alternative Dispute ResolutionNon-Compete & Trade SecretsAntitrustHealthcare Dispute ResolutionCybersecurity & Privacy

    My focus

    My practice, which covers both defense and enforcement work, is primarily devoted to trademark, trade dress and copyright infringement matters as well as misappropriation of trade secrets and unfair competition disputes. I also handle complex commercial suits, including general business disputes, licensing and technology transfer conflicts, and Internet-related issues.

    Trademark and Trade Dress

    On the trademark front, I have represented parties in a wide range of industries, from toy manufacturers to hardware and software companies to consumer and corporate goods retailers. Apart from the typical infringement counts, many of these matters have involved complex and technical areas of trademark law, including Tariff Act and gray market issues as well as trademark abandonment claims.

    Trade Secrets

    I have evaluated and handled a variety of trade secret theft cases, a number of which arose in connection with employment agreements and noncompetition provisions. Recent matters include the representation of an inventor in an idea theft/inventorship dispute, and customer list misappropriation matters for a major online wine retailer, a manufacturer of scientific testing equipment, and several software companies.

    Copyrights

    With respect to copyrights, I provide strategic advice on scope, registration and enforcement matters, and also handle infringement litigation. Current clients include an international upholstery manufacturer, restaurant franchisors and software developers, and several mobile/video game developers.

    Internet, Website and Social Media Matters

    I advise clients on a host of Internet and website issues, including with respect to domain name and social media-related conflicts as well as website development, appearance and operation disputes.   

    Looking ahead

    Advances in technology are continuing to create new forms of intellectual property, as well as changing the landscape for “traditional IP.” Effective practitioners need to stay in front of these developments to understand how existing law applies and where new law needs to be made.

    Publications

    • “The Ninth Circuit Clarifies the Murky Law of Copyright Preemption,” BNA Patent, Trademark & Copyright Journal, August 26, 2011 (Co-authored with John A. Chatowski)
    • “Ninth Circuit Clarifies Jurisdiction Rules in Intellectual Property Cases Brought Against Out-of-state Companies Operating on the Internet,” Nixon Peabody Intellectual Property Alert,  August 16, 2011 (Co-authored with John A. Chatowski)
    • “Case Study: Starbucks v. Wolfe’s Borough Coffee,” Law 360, December 2009 (Co-authored with John A. Chatowski)

    Representative experience

    • Represented video game developers and publishers Stardock Entertainment and Valve Corporation in a trademark and copyright infringement dispute involving Star Control: Origins, an action-adventure video game. The matter settled. Stardock Systems, Inc. v. Paul Reiche III, et al. (N.D. Calif.)
    • Defense of trademark abandonment action involving major U.S. grocery store chains; reported decision: Grocery Outlet Inc. v. Albertson’s Inc., 497 F.3d 949 (9th Cir. 2007) and 2008 U.S. Dist. LEXIS 101999 (N.D. Cal. 2008) (affirming preliminary injunction order).
    • Prosecution of trademark infringement action involving Internet domain name; preliminary injunction affirmed on appeal.
    • Defense of trademark infringement and unfair competition action involving sales representation services.
    • Defense of major aggregate producer in Sherman and Cartwright Act class action antitrust litigation (i.e., price fixing, monopolization, bid rigging, market allocation).
    • Representation of clients in a number of government antitrust investigations (civil and criminal).
    • Prosecution of trademark infringement and Tariff Act suit against seller of gray market semiconductors; defense of antitrust counterclaim.
    • Defense of start-up network software company in declaratory relief action; prosecution of counterclaim and cross-claim for misappropriation of trade secrets and copyright infringement.
    • Defense of Canadian-based owner of drug store chain in action for unfair competition.
    • Prosecution, on behalf of major publisher of science-related periodicals, of copyright infringement action against information gathering service.
    • Assist in prosecution of patent infringement action involving token ring technology.
    • Assist in defense of major pharmaceutical company charged in a number of actions with patent infringement, breach of contract, antitrust claims, etc., involving recombinant DNA technology used in the production of insulin and human growth hormones.
    • Prosecution, on behalf of major international hotel company, of suits for trademark infringement, unfair competition, etc.
    • Defense of international toy manufacturers charged with trade dress infringement, unfair competition, etc.
    • Defense of major outdoor equipment manufacturer in suit for unfair competition.
    • Prosecution of patent infringement suit involving manufacture of silicon wafers; defense of counterclaim for unfair competition.

    Admitted to practice

    California
    U.S. Supreme Court
    U.S. Court of Appeals, Third Circuit
    U.S. Court of Appeals, Ninth Circuit
    U.S. Court of Appeals, Federal Circuit
    U.S. District Court, Central District of California
    U.S. District Court, Eastern District of California
    U.S. District Court, Northern District of California

    Education

    Santa Clara University School of Law, J.D.
    University of California, Berkeley, A.B.

    Professional activities

    • Bay Area Sports Organizing Committee, Board of Directors, Executive Committee, Ethics Compliance Officer (1999–present)

    Recognition

    • Ranked as a leading California lawyer for trademark enforcement and litigation by the World Trademark Review 1000 (2020–2022)
    • Recognized as a “Super Lawyer” by the publishers of the Northern California Super Lawyers magazine since 2009; inclusion in Super Lawyers is based on a peer-review survey
    • Recommended in The Legal 500 United States editorial for Intellectual property—Trade secrets (litigation and non-contentious matters) (2019-2021)

    News Mentions

    • The Recorder

      Building Community: Nixon Peabody's new California leaders on growth for a younger partnership

      This article on the recent appointments of Community Development Finance partner Sonia Nayak to Los Angeles office managing partner and Complex Disputes partner Robert Weikert to San Francisco office managing partner focuses on their new roles and goals for their respective offices, and how the California team is continuing to build on momentum to increase NP’s presence on the West Coast.
      Feb 15, 2022
    • Bloomberg Law

      Wake up call

      This roundup of notable legal moves features San Francisco Complex Disputes partner Robert Weikert for his appointment as San Francisco office managing partner.
      Feb 3, 2022
    • Law360

      Pac-Man creator chases down retro game co. with IP suit

      This article mentions San Francisco Complex Commercial Disputes partner Rob Weikert and associate Andrew Winetroub, and Washington DC Intellectual Property partner David May and associate Jennette Psihoules, all of whom are representing Bandai Namco Entertainment in an IP dispute involving its iconic Pac-Man video game franchise.
      Sep 24, 2019

    Professionals in the Practice Area

    View All
    • John Ruskusky

      Partner / Practice Group Leader, Complex Disputes / Leader, Medical Device, Pharmaceuticals and Diagnostic Health
      • Chicago
      • Office:312.977.4460
        Mobile:708.606.8720
      • jtruskusky@nixonpeabody.com
      John Ruskusky
    • Daniel J. Hurteau

      Partner
      • Albany
      • Office:518.427.2652
      • dhurteau@nixonpeabody.com
      Daniel J. Hurteau
    • Joseph J. Ortego

      Partner / Diversity Partner / Chair, NP Trial® / Leader, Aviation
      • New York
      • Office:212.940.3045
      • jortego@nixonpeabody.com
      Joseph J. Ortego
    • Carolyn G. Nussbaum

      Partner
      • Rochester
      • Office:585.263.1558
        Mobile:585.766.1480
      • cnussbaum@nixonpeabody.com
      Carolyn G. Nussbaum
    • Christopher M. Mason

      Partner / Deputy Leader, Class Actions and Aggregate Litigation / Leader, Arbitration Team
      • New York
      • Office:212.940.3017
      • cmason@nixonpeabody.com
      Christopher M. Mason
    View All

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • © 2023 Nixon Peabody. All rights reserved
    • Privacy Policy
    • Terms of Use
    • Statement of Client Rights
    • Supplier Diversity Program
    • Nixon Peabody International LLC
    • PAL