Robert A. Weikert
Partner

Practice Areas

Experience

Robert A. Weikert is a trial attorney specializing in intellectual property, antitrust, and general commercial litigation.  He has extensive experience litigating cases involving trademarks, copyrights, trade secrets, unfair competition, trade dress, domain names, Tariff Act violations, patents, predatory pricing, and price fixing.  In over 24 years of practice, he has represented clients in a variety of industries, including retail food, computer (hardware and software), building materials, construction, electronics, produce, hotels, publishing, yachting and credit card services, as well as manufacturers of toys, food and pharmaceuticals.  Recently, he successfully represented Albertson's, Inc./Supervalu Inc. in a trademark action involving the famous "LUCKY" grocery store mark.

In addition to his intellectual property expertise, Mr. Weikert has handled a broad range of general commercial disputes in every conceivable forum.  He also provides general litigation counseling, and has mediated and arbitrated many cases at all stages of the litigation.

Mr. Weikert has been recognized as a "Super Lawyer" by the publishers of the Northern California Super Lawyers magazine for 2009. Inclusion in Super Lawyers is based on a peer-review survey.

Representative Matters

• Defense of trademark abandonment action involving major U.S. grocery store chains; reported decision: Grocery Outlet Inc. v. Albertson’s Inc., 497 F.3d 949 (9th Cir. 2007).
• Prosecution of trademark infringement action involving Internet domain name; preliminary injunction affirmed on appeal.
• Defense of trademark infringement and unfair competition action involving sales representation services.
• Defense of major aggregate producer in Sherman and Cartwright Act class action antitrust litigation (i.e., price fixing, monopolization, bid rigging, market allocation).
• Representation of clients in a number of government antitrust investigations (civil and criminal).
• Prosecution of trademark infringement and Tariff Act suit against seller of gray market semiconductors; defense of antitrust counterclaim.
• Defense of start-up network software company in declaratory relief action; prosecution of counterclaim and cross-claim for misappropriation of trade secrets and copyright infringement.
• Defense of Canadian-based owner of drug store chain in action for unfair competition.
• Prosecution, on behalf of major publisher of science-related periodicals, of copyright infringement action against information gathering service.
• Assist in prosecution of patent infringement action involving token ring technology.
• Assist in defense of major pharmaceutical company charged in a number of actions with patent infringement, breach of contract, antitrust claims, etc., involving recombinant DNA technology used in the production of insulin and human growth hormones.
• Prosecution, on behalf of major international hotel company, of suits for trademark infringement, unfair competition, etc.
• Defense of international toy manufacturers charged with trade dress infringement, unfair competition, etc.
• Defense of major outdoor equipment manufacturer in suit for unfair competition.
• Prosecution of patent infringement suit involving manufacture of silicon wafers; defense of counterclaim for unfair competition.

Admissions

Rob is admitted to practice in California and before the U.S. courts of appeals for the Third, Ninth, and Federal circuits and the U.S. district courts for the Central, Eastern, and Northern districts of California.

Education

Santa Clara University School of Law, J.D.
University of California, Berkeley, A.B.

Affiliations

International Trademark Association
American Bar Association, Section of Patent, Trademark and Copyright Law
San Francisco Bar Association
San Francisco Patent and Trademark Law Association

Charitable/Civic Associations

Bay Area Sports Organizing Committee, Board of Directors, Executive Committee, Ethics Compliance Officer (1999-Present)

2009 Senior Games Local Organizing Committee, Board of Directors (2006 - Present)