Lindsey N. Birch


Lindsey N. Birch


Lindsey Birch assists organizations in navigating the complexities of domestic and international trademark, trade dress, and copyright law. She advises on issues such as clearance, portfolio management, prosecution, licensing, risk management, defense, and enforcement. Lindsey also provides support for business transactions such as mergers, acquisitions, and sales, ensuring assets are accurately assessed, valued, and protected. She frequently publishes and presents on intellectual property and advertising topics and is an active member of the International Trademark Association (INTA).

As a member of the firm’s Trademark, Copyright & Advertising Counseling and Litigation Practices, Lindsey’s experience also includes advising on domain name dispute resolution, including under the Uniform Domain-Name Dispute-Resolution Policy (UDRP), risk assessment and counseling concerning false advertising, and guidance on branded social networking and legal compliance for sweepstakes, skill contests, and other promotions. Lindsey has effectively represented clients in administrative proceedings before the National Advertising Division (NAD), the U.S. Patent and Trademark Office’s Trademark Trial and the Appeal Board and Internet Corporation for Assigned Names and Numbers (ICANN).

Lindsey has notable experience with intellectual property issues related to the pharmaceutical, biotechnology, medical device, cannabis and supplement industries. This includes trademark, copyright and advertising experience in connection with pharmaceutical naming selection and other cutting-edge legal issues in connection with proprietary technology. To this end, she is an active member of the firm’s Cannabis Industry Team and Manufacturing, Innovative Technology, and Health Care & Life Sciences Sectors.

An avid art and art history enthusiast, Lindsey also advises on a variety of art and cultural property law topics related to intellectual property, antiquities, the First Amendment, commercial art transactions, import-export regulations and compliance, and collections management due diligence and other provenance, title and ownership issues. She is a member of the firm’s Fashion, Apparel & Beauty Industry Team.

Lindsey previously served as a summer associate in Foley’s Milwaukee office. Prior to joining Foley, she interned in the General Counsel’s Office for the Institute of Museum and Library Services and held research and teaching assistant positions at the University of Iowa.

Awards and Recognition

  • Wisconsin Pro Bono Honor Society Honoree (2020-Present)


  • Member of the International Trademark Association (INTA)
    • U.S. Roundtables Project Team (2023-Present)
    • INTA Bulletins Committee (Upcoming 2024)
  • Member of the American Bar Association
    • Patent, Trademark, and Copyright Section
  • Member of the Wisconsin Bar Association
    • Intellectual Property Section
  • Member of the Milwaukee Bar Association
    • Intellectual Property Section
  • Member of the Milwaukee Young Lawyers Association
  • Member of the Association for Women Lawyers

Presentations and Publications

  • Presenter, “Trademark & Copyright Law Basics,” On-Site (November 2022 and October 2023)
  • Presenter, “Maximizing the Value of Intellectual Property (IP) Assets Through IP Marking,” Wisconsin Intellectual Property Law Association (April 2023)
  • Presenter, “Trademark Monetization Act: Implementation and Updates,” Foley Academy (January 2023)
  • Panelist, “Brand Management in Today’s Competitive, Digital Landscape,” Foley’s 18th Annual IP Conference (October 2022)
  • Table Topic moderator, “Trademark Monetization Act,” INTA Washington, D.C. (2022)
  • Presenter, “Henri Matisse and the Pedagogy of Gustave Moreau,” Midwest Art History Society Conference (March 2019)
  • Presenter, “Gustave Moreau and Human Form,” Encountering the Body Symposium (April 2018)
  • Presenter, “Gustave Moreau: Defying Gravity,” Ohio University Art History Graduate Symposium (April 2018)
  • Co-author, “Trademarks,” Cannabis Mid-Year Update 2022, Foley Blog (2022)
  • Co-author, “A December to Remember: The Trademark Modernization Act Implemented on December 18, 2022,” IP Litigation Current (April 2022)
  • Co-author, “Trademark,” Reading the Leaves: What’s in Store for Cannabis in 2021, Foley White Paper (February 2021)
  • Co-author, “U.S. Supreme Court Rejects Categorical Rule That Trademark Infringement Must be ‘Willful’ to Award Infringer’s Profits in Romag v. Fossil,” IP Litigation Current (April 2020)
  • Co-author, “Implications for the Fashion, Apparel & Beauty Industries Due to the Coronavirus,” Coronavirus Resource Center: Back to Business (March 2020)
  • Author, “Holocaust-Era Cultural Property Looting: The United States and the Washington Principles,” 24 Art Antiquity and L., 49 (2019)
  • “Contextualizing Bring Your Own Device Policies,” 44 J. Corp. L., 152 (2019)


  • French (Basic)
30 January 2024 Events

INTA North America Roundtable | Annual Case Law Review

Foley & Lardner is hosting the International Trademark Association’s (INTA) Annual Case Law Review on Tuesday, January 30, 2024.
18 July 2022 White Papers

Cannabis Mid-Year Update 2022

With record inflation and the uncertain outcomes of geopolitical issues roiling global markets, the cannabis industry has nevertheless continued unperturbed.
20 December 2021 IP Litigation Current

A December to Remember: The Trademark Modernization Act Implemented on December 18, 2021

The Trademark Modernization of 2020 went into effect on December 18, 2021. Applicants and registrants now have new tools at their disposal to clear the federal register of unused trademarks and the USPTO can move applications through the registration process more efficiently.
24 April 2020 IP Litigation Current

U.S. Supreme Court Rejects Categorical Rule That Trademark Infringement Must Be “Willful” to Award Infringer’s Profits in Romag v. Fossil

Once again, a decision by the Federal Circuit has been overturned by the Supreme Court. In its April 23, 2020, ruling vacating and remanding the decision in Romag Fasteners, Inc. v. Fossil, Inc., the Supreme Court resolved a split in the Circuit Courts by rejecting the proposition that trademark infringement must be willful to warrant an award of disgorgement of a trademark infringer’s profits.
27 March 2020 Coronavirus Insights

Implications for the Fashion, Apparel & Beauty Industries Due to the Coronavirus

Like other industries, the fashion, apparel & beauty businesses have been, and continue to be hit hard by the COVID-19 pandemic.