Robert S. Weisbein


Robert S. Weisbein


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.

Representative Experience

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).

Awards and Recognition

Robert has been named to the World Trademark Review’s WTR 1000 directory since 2020. In 2016, he was recognized by The Legal 500 for his work in trademark litigation and marketing and advertising.

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.

07 February 2024 Honors and Awards

World Trademark Review Recognizes Foley Attorneys and Jurisdictions in 2024 Edition of WTR 1000: The World’s Leading Trademark Practitioners

Ten Foley & Lardner LLP attorneys and four firm jurisdictions have been recognized in the 2024 edition of the World Trademark Review 1000: The World’s Leading Trademark Practitioners.
12 June 2023 Foley In Fashion

Supreme Court’s Jack Daniel’s Decision Clarifies First Amendment Parody Defense in Trademark Infringement Cases

The court’s decision in Jack Daniel’s Properties, Inc. v. VIP Products, LLC, did not rule on whether VIP Products violated Jack Daniel’s Properties’ trademark rights; its ruling instead clarified that VIP Products’ use of the Bad Spaniels name and product design constituted “trademark” use that falls outside of First Amendment protection.
24 February 2023 Honors and Awards

World Trademark Review Recognizes Foley Attorneys and Offices in 2023 Edition of WTR 1000: The World’s Leading Trademark Practitioners

Nine Foley & Lardner LLP attorneys and three firm offices have been recognized in the 2023 edition of the World Trademark Review 1000: The World’s Leading Trademark Practitioners.
28 October 2022 Innovative Technology Insights

2022 NFT Litigation Roundup

As the use of non-fungible tokens (NFTs) continues to grow, unique legal questions have arisen resulting in civil and criminal actions. Our team has prepared an overview of litigation to date with brief summaries of each case and what it might mean for participants in this emerging industry.
27 October 2022 Events

IP Law in the Metaverse

This program featuring Robert Weisbein (Partner, New York), Andy Lee (Of Counsel, New York), and Arian Jabbary (Associate, New York) is aimed to serve as a primer on the Metaverse and Web3.
15 August 2022 Press Releases

Foley Files Trademark Infringement Suit on Behalf of Brooklyn Comedy Collective

On Friday, August 12, Foley & Lardner LLP, on behalf of the Brooklyn Comedy Collective (BCC) filed a trademark infringement suit in the U.S. District Court for the Eastern District of New York against competitor “Old Man Hustle” for changing its name to “BKLYN Comedy Club.”