McDermott Will & Schulte, a global law firm

Practice overview:

• Manages all aspects of enforcement of intellectual property rights, with a focus on litigation of trademark, unfair competition, false advertising and right of publicity disputes, often involving internationally famous trademarks and celebrities
• Represents clients in federal trial and appellate courts throughout the United States, and also before the US International Trade Commission and the Trademark Trial and Appeal Board of the US Patent and Trademark Office
• Counsels clients on brand architecture and licensing of trademarks, service marks, trade names and other indicia of corporate identity
• Develops risk-management strategies and protocols, particularly for new and outside-the-box marketing campaigns
• Advises on global trademark portfolio management and restructuring to ensure strategic and tax-managed ownership of trademarks worldwide
• Reviews advertising copy and counsels on parameters of copyright, fair use, comparative advertising, rights of publicity and privacy, and unfair competition

Robert writes and speaks frequently on intellectual property matters, and has served as a testifying expert in connection with trademark issues. He served as an intern to the Honorable Eric G. Bruggink of the US Court of Federal Claims in Washington, DC, in 1989. Robert earned his bachelor’s degree, with honors, in biology from Lafayette College and his JD, with honors, from George Washington University Law School where he is currently an adjunct professor and teaches “Advanced Trademark Law.”

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• Represents leading insurance and financial services company New York Life Insurance Company in trademark and copyright enforcement matters
• Represents private equity firm H.I.G. Capital in trademark enforcement matters
• Served as lead trademark infringement counsel for satellite broadcast entertainment company SiriusXM in litigation against a former licensee
• Served as lead intellectual property counsel in connection with the separation of $44 billion conglomerate Tyco, Ltd. into three distinct companies, each with a post-separation market capitalization exceeding $10 billion; intellectual property work included rebranding of Tyco Healthcare as Covidien, Ltd., as well as the establishment of a joint venture between Tyco International and Tyco Electronics for purposes of ongoing sharing of the TYCO brand
• Served as lead counsel for defendant American Marine Holdings, Inc. (AMH) in the first-ever federal court litigation relating to boat vessel hull design protection; secured judgment for AMH and recovered more than $500,000 in attorneys’ fees for AMH as the successful defendant; also served as lead appellate counsel for AMH on the subsequent appeal, where trial court judgment was affirmed in its entirety and where AMH was also awarded its fees on appeal
• Secured a temporary restraining order, preliminary injunction and, later, money damages and attorneys’ fees Guggenheim Partners in trademark and counterfeiting litigation before the US District Court for the Southern District of New York; also worked with the US Attorney for the Southern District of New York in connection with the indictment of the defendant on criminal counterfeiting charges
• Defended a major manufacturer of refurbished goods, which was sued for trademark infringement in the US District Court for the Southern District of Florida; successfully avoided entry of preliminary injunction; denial of preliminary injunction was affirmed on appeal to the US Court of Appeals for the Federal Circuit

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• World Trademark Review 1000 (WTR 1000) 2011 to present
• Thompson Reuters 2011 to present, Washington, DC, Super Lawyer (top 5 percent)

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