Settling Trademark and Other IP Disputes: Key Lessons From 1-800 Contacts, Balancing Antitrust and IP Interests

Mr. Hogan’s practice focuses on IP litigation and counseling, including trademark, false advertising, copyright, right of publicity, licensing, trade secret, and patent matters. He has represented various corporations and individuals in a broad range of industries, including fashion, cosmetics, pharmaceuticals, financial services, sports, entertainment, transportation, and online services. A significant portion of Mr. Hogan’s practice involves computer, Internet, and new media-related issues. Many of his matters have tested the application of traditional legal principles to the Internet and emerging technologies, such as in connection with issues of Internet jurisdiction, online contracting, and the application of trademark and copyright law to search engines, social media, mobile apps, and artificial intelligence. Mr. Hogan has been involved in cutting edge matters concerning the protection of data, and he has assisted clients with several substantial trade secrets and information security matters. He also represents clients in connection with rights of publicity, NIL rights, and the developing legal framework that governs uses of digital replicas.

Mr. Shores practices in the firm’s Antitrust and Litigation groups. He represents companies in high-stakes antitrust and other complex litigation at the trial and appellate levels in federal and state courts throughout the country. Mr. Shores has represented companies in numerous industries, including internet retail, financial technology, banking, energy, defense, and aerospace, in matters involving all types of antitrust claims under Sections 1 and 2 of the Sherman Act and similar state laws, including price-fixing, market allocation, monopolization and attempted monopolization, tying, and exclusive dealing. He also has represented companies in matters involving intellectual property and the relationship between IP rights and competition laws. Mr. Shores recently served as Associate Deputy Attorney General & Senior Advisor for Technology Industries at the U.S. Department of Justice. In that role, he oversaw the Department’s antitrust review of major online platforms, leading to the government’s landmark monopolization case filed against Google in 2020.

Mr. Winemiller’s practice centers on patent, trademark, trade secret, and copyright litigation, but also includes IP licensing issues and trademark, patent, and copyright counseling and prosecution. He has represented clients in a broad range of industries, from electrical switches and electronic pet products to hosiery manufacturers and home builders. Mr. Winemiller has secured favorable trial and pre-trial results and significant settlement wins in disputes in federal courts. He also has extensive experience with commercial litigation, alternative dispute resolution, and appeals in state and federal courts. His ability to understand and articulate complex concepts in a way that decision-makers can understand helps him to proactively and effectively assist his clients in protecting their intellectual property assets.