Robert A. Weikert
Partner / Office Managing Partner, San Francisco
Introduction
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, privacy and data protection, 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.
PRIVACY AND CYBERSECURITY
As a CIPP/US-credentialed attorney, I counsel clients on privacy and cybersecurity matters, including responding to data breaches and the protection of personal information under US law, the GDPR, and other rules and regulations.
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.
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.
/Insights
- “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)
In the news
- Bloomberg Tax
Week in Insights: Career moves
Oct 27, 2024The following article covers the NP arrivals of Project Finance & Public Finance partner Brian Organ of San Francisco and associate Brandon Caywood of Chicago. Brian is quoted in the coverage, discussing what attracted him to NP, his background, and the depth of NP’s Section 103 attorneys. New York City partner and PBFN practice group leader Virginia Wong and San Francisco Office Managing Partner Rob Weikert are also quoted from NP’s press release.
- Forbes
Tax Breaks
Oct 26, 2024The following article covers the NP arrivals of Project Finance & Public Finance partner Brian Organ of San Francisco and associate Brandon Caywood of Chicago. Brian is quoted in the coverage, discussing what attracted him to NP, his background, and the depth of NP’s Section 103 attorneys. New York City partner and PBFN practice group leader Virginia Wong and San Francisco Office Managing Partner Rob Weikert are also quoted from NP’s press release.
- Law360
Public finance tax attorney moves to Nixon Peabody in San Francisco
Oct 25, 2024The following article covers the NP arrivals of Project Finance & Public Finance partner Brian Organ of San Francisco and associate Brandon Caywood of Chicago. Brian is quoted in the coverage, discussing what attracted him to NP, his background, and the depth of NP’s Section 103 attorneys. New York City partner and PBFN practice group leader Virginia Wong and San Francisco Office Managing Partner Rob Weikert are also quoted from NP’s press release.
- Reuters
The Daily Docket
Oct 25, 2024The following article covers the NP arrivals of Project Finance & Public Finance partner Brian Organ of San Francisco and associate Brandon Caywood of Chicago. Brian is quoted in the coverage, discussing what attracted him to NP, his background, and the depth of NP’s Section 103 attorneys. New York City partner and PBFN practice group leader Virginia Wong and San Francisco Office Managing Partner Rob Weikert are also quoted from NP’s press release.
- Bloomberg Law
Juul Labs director denies claims he benefitted from bail-out
March 13, 2024The following article covers a high-profile investor dispute involving Juul and JL Tao LLC that began trial this week in Delaware, and mention NP for representing the companies. San Francisco Privacy & Technology partner Rob Weikert is leading the NP team, which also includes Complex Disputes partner George Skelly of Boston and department attorney Leon Roubinian of San Francisco; Privacy & Technology counsel Andrew Winetroub of San Francisco; Affordable Housing & Real Estate associate Grant Wilson, Complex Disputes associate Sabrina Tran, and Intellectual Property associate Carlo Bustillos, all of the San Francisco office; Labor & Employment senior paralegal Everett Clark and Complex Disputes senior paralegal Allen Rose, both of the San Francisco office.
- Law360
Juul investor tells Chancery: ‘We were trying to help’
March 13, 2024The following article covers a high-profile investor dispute involving Juul and JL Tao LLC that began trial this week in Delaware, and mention NP for representing the companies. San Francisco Privacy & Technology partner Rob Weikert is leading the NP team, which also includes Complex Disputes partner George Skelly of Boston and department attorney Leon Roubinian of San Francisco; Privacy & Technology counsel Andrew Winetroub of San Francisco; Affordable Housing & Real Estate associate Grant Wilson, Complex Disputes associate Sabrina Tran, and Intellectual Property associate Carlo Bustillos, all of the San Francisco office; Labor & Employment senior paralegal Everett Clark and Complex Disputes senior paralegal Allen Rose, both of the San Francisco office.
- San Francisco Business Times |
Executive Connections: Robert Weikert, Nixon Peabody
July 14, 2023The article features a Q&A with San Francisco Office Managing Partner Rob Weikert, of the Privacy & Technology practice group, who shares insights into his leadership style and navigating challenges in the current environment.
- The American Lawyer
Nixon Peabody picks up 10 lawyers amid uptick in real estate disputes
June 27, 2023The following article covers the arrival of a prominent women-led Real Estate Litigation team in San Francisco. Led by partners Ashley Klein and Jeanne Grove, the team also includes partner Jaimie Bombard; counsel Morgan Cahill-Marsland, Laura Campbell, Lauren Jones, and Matthew Urdan; and department attorneys Stephanie Andersen, Alexandra Azad, and Lindsey Schmidt. The American Lawyer and Law360 articles also quote Litigation Department head Tony Barron and San Francisco Office Managing Partner Rob Weikert.
- Law360
Nixon Peabody hires women-led real estate team in California
June 27, 2023The following article covers the arrival of a prominent women-led Real Estate Litigation team in San Francisco. Led by partners Ashley Klein and Jeanne Grove, the team also includes partner Jaimie Bombard; counsel Morgan Cahill-Marsland, Laura Campbell, Lauren Jones, and Matthew Urdan; and department attorneys Stephanie Andersen, Alexandra Azad, and Lindsey Schmidt. The American Lawyer and Law360 articles also quote Litigation Department head Tony Barron and San Francisco Office Managing Partner Rob Weikert.
- San Francisco Business Times
Meet the Bay Area’s new top lawyers
Feb 3, 2023San Francisco Office Managing Partner Rob Weikert, of the Privacy & Technology Litigation group, is profiled in this article, which spotlights four Bay Area lawyers who assumed new firm leadership roles in the past year.
- 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
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
- Member, International Association of Privacy Professionals
- Bay Area Sports Organizing Committee, Board of Directors, Executive Committee, Ethics Compliance Officer (1999–present)
Recognition
- World Trademark Review 1000—Recommended as a leading California lawyer for trademark enforcement and litigation (2020–2025)
- Recommended in The Legal 500 United States 2023 editorial for Intellectual property—Trade secrets (litigation and non-contentious matters); also recommended in prior years
- 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
Insights And Happenings
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