Robert S. Weisbein is a partner and intellectual property litigator with Foley & Lardner LLP. He has prosecuted trademark, unfair competition, copyright and false advertising matters for clients such as Burlington Coat Factory, Nokia, Yahoo!, Toys "R" Us and Emerson Radio Corporation. Robert has appeared in disputed proceedings before the federal courts, the Trademark Trial and Appeal Board, and before court-appointed mediators as well as private mediations conducted under the auspices of the International Trademark Association, the National Advertising Division of Better Business Bureaus, Inc. and various name dispute arbitration panels. Robert also counsels clients in the areas of trademark and copyright clearance and protection and advertising substantiation and clearance. He is a member of the firm’s IP Litigation and Trademark, Copyright & Advertising Practices.
Robert’s recent representative cases include: Louis Vuitton Malletier v. Burlington Coat Factory, 2006 U.S. Dist. LEXIS 32844 (S.D.N.Y. May 23, 2006) (defeated request, for a second time, for a preliminary injunction in trademark and trade dress infringement and dilution case); Sharper Image et al. v. Honeywell Int’l, Inc. et al., No. C-02-4860 (CW) (N.D. Cal. filed Oct. 8, 2002) (defeated motion for TRO and preliminary injunction in trade dress and patent infringement case).
Presentations and Publications
Robert has spoken extensively on various topics of trademark law, including trademark litigation, trade dress, dilution and Internet-related issues at programs presented by the American Law Institute/American Bar Association, American Corporate Counsel Association, International Trademark Association, American Intellectual Property Law Association, Global Business Communications, The Intellectual Property Society for Australia and New Zealand as well as at various law schools such as the John Marshall School of Law in Chicago, Illinois. Robert has also written articles on various aspects of trademark law for publications including IP Today and Bay Area Lawyer.
In recognition of his experience in the field, he has been named in the 2020 and 2021 World Trademark Review's "WTR 1000" directory. In 2016, Robert was recognized by The Legal 500 for his work in trademark litigation and marketing and advertising.