Robert A. Weikert - Complex Commercial Disputes - Nixon Peabody LLP

Robert A. Weikert

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.

What do you focus on?

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.


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.   

What do you see on the horizon?

Given that the “great rotation” in corporate assets (at least in terms of value) continues to move from the tangible to the intangible, I am constantly focused on finding innovative ways to identify, protect and enforce my clients’ intellectual property rights.

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.

Recent 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)

Charitable/Civic Associations

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

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

The Recorder | February 15, 2022

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.

Wake up call

Bloomberg Law | February 03, 2022

This roundup of notable legal moves features San Francisco Complex Disputes partner Robert Weikert for his appointment as San Francisco office managing partner.

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

Law360 | September 24, 2019

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.


Robert A. Weikert

Office Managing Partner, San Francisco

San Francisco

Phone: 415-984-8385

Los Angeles

Phone: 213-629-6185

Fax: 866-294-8842

Santa Clara University School of Law, J.D.

University of California, Berkeley, A.B.


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

  • 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)
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