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Practice Area
We routinely help clients protect and commercialize their intellectual property (IP) assets and provide due diligence on complex technology and IP transactions. We negotiate and draft IP licenses and transfers; provide strategic guidance on optimal structures for IP and IT transactions; and evaluate copyright, trademark, and patent portfolios and provide related due diligence activities in connection with IPOs, mergers and acquisitions, private equity investments, licenses, and other corporate transactions.
Practice Area
Brands across key sectors turn to Winston litigators to defend their reputations in advertising class actions, competitor disputes, and investigations. With litigators based in the U.S.’s busiest jurisdictions—including courts in California, Florida, Illinois, New York, and Texas—we have deep experience and prowess in handling some of the most high-profile and business-essential advertising cases in recent history. These disputes have involved false advertising; unfair competition, unfair business practices, and unjust enrichment; copyright, trade name, and service mark infringement; consumer-protection claims; and violations of the Lanham Act.
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Insights & News 248 results
Article
|March 12, 2025
|6 Min Read
Is AI Distillation By DeepSeek IP Theft?
This article was originally published in Law360. Reprinted with permission. Any opinions in this article are not those of Winston & Strawn or its clients. The opinions in this article are the authors’ opinions only.
Article
|February 24, 2025
|5 Min Read
CFPB Helps Guide States to Fill Gaps in Protection Frameworks
This article was originally published in Bloomberg Law. Any opinions in this article are not those of Winston & Strawn or its clients. The opinions in this article are the authors’ opinions only.
The Reg E Reader
|February 19, 2025
|4 Min Read
SEC Administrative Judges Risk Being Sidelined Under Paul Atkins
The US Supreme Court dealt a near-fatal blow last year to the Securities and Exchange Commission’s already weakened administrative law judge program. The expected return of Paul Atkins as SEC chairman will likely weaken the ALJ program even further, relegating the in-house judges to the fringe of any enforcement activities.
Other Results 21 results
Law Glossary
An original work of authorship that is fixed in a tangible form and exhibits at least a minimal amount of creativity may be protected by U.S. copyright law. Under the law, a copyright owner has various exclusive rights to use the protected work, including the right to make copies of it; create derivative works based on it; and distribute it to the public. For certain types of works, the copyright owner also has the exclusive right to publicly perform or publicly display the work.
Law Glossary
What Is the Copyright Royalty Board?
The U.S. Copyright Royalty Board (CRB) is a three-judge panel that functions as an independent unit within the Library of Congress. It performs the duties specified in the Copyright Royalty and Distribution Reform Act. The Act established statutory licenses that let approved parties utilize certain types of copyrighted works by paying a set royalty, without having to request an individual copyright license from each rights-holder. The CRB sets, and periodically adjusts, the rates and terms of the statutory licenses, and can also make determinations on the distribution of statutory license royalties collected by the U.S. Copyright Office. For example, the judges can determine, for a five-year period, the rates musical performers receive when their works are played via digital services. When licensors and licensees cannot reach rate agreements on their own, the CRB hears testimony from the various parties and then sets the rates. CRB Judges serve six-year terms. The first CRB judges were appointed by the Librarian of Congress in 2006.
Law Glossary
Passed in 1998 and implemented in 2000, the Digital Millennium Copyright Act (DMCA) updated U.S. law to meet the requirements of international copyright treaties. The DMCA addresses challenging issues relating to uses of copyrighted material in the digital environment: it limits the liability of online service providers that meet certain conditions, while providing certain procedures for addressing online infringement; it prohibits circumvention of digital technologies that control or limit access to copyrighted works; and it prohibits the removal or modification of certain types of copyright management information contained in protected works. Title II of the DMCA (sometimes also referred to as the Online Copyright Infringement Liability Limitation Act, or OCILLA) is codified at Section 512, Title 17, of the United States Code.