Douglas Winthrop, a former United States Supreme Court law clerk, focuses his commercial litigation practice on business torts, unfair competition and intellectual property, contract disputes and class action defense at both the trial court and appellate levels.

Mr. Winthrop has represented numerous technology, manufacturing, consumer products and financial services companies in matters raising claims of trade secret misappropriation, breach of fiduciary duty, misrepresentation, breach of the implied covenant of good faith and fair dealing, and breach of contract, as well as in consumer class actions and copyright and trademark suits. Mr. Winthrop recently defended an international manufacturer against parallel federal and state litigation asserting trade secret misappropriation and trademark infringement, and previously defended trade secret misappropriation claims against one of the world’s largest semiconductor manufacturers, resulting in a dismissal of claims and an award of fees against the plaintiff. Mr. Winthrop also has extensive experience in complex commercial litigation. Since 2007, he has represented a US mortgage insurance company in multimillion-dollar rescission litigation as well as the successful trial defense of claims challenging mortgage insurance benefit curtailments. Mr. Winthrop successfully represented Quicken Loans, at both the trial court and on appeal, in the defense of a class action suit claiming violation of California law relating to interest payments on property insurance proceeds.

Mr. Winthrop was honored with the Artistic Freedom Award by the ACLU of Southern California for his and his colleagues' successful representation of artist Thomas Forsythe against claims of trademark and copyright infringement brought by Mattel, Inc. (Mattel, Inc. v. Walking Mountain Prods., 353 F.3d 792 (9th Cir. 2003)).

Mr. Winthrop served as law clerk to Associate Justice John Paul Stevens of the United States Supreme Court, 1992–1993, and to Judge Patricia M. Wald of the United States Court of Appeals for the District of Columbia Circuit, 1991–1992.

Mr. Winthrop graduated magna cum laude from the University of Minnesota Law School, where he was an editor of the Minnesota Law Review and was awarded the Order of the Coif.

Experience

  • Leading Chinese consumer electronics component manufacturer in defense of parallel federal and state court trademark and trade secret actions.
  • American subsidiary of Japanese semiconductor company in defense of patent infringement action.
  • PMI Mortgage Insurance Co., in Rehabilitation, and its court-appointed receiver in prosecution of trade secret misappropriation, breach of fiduciary duty and conversion claims against former employees and competitor.
  • Aircraft manufacturer in successful defense in federal district court and on appeal of right of publicity claims by former test pilot Chuck Yeager.
  • Leading on-line retailer in prosecution of multiple trademark, copyright and unfair competition claims against competitors.
  • American subsidiary of Japanese semiconductor companyin defense of patent infringement action.
  • Employee of Salesforce.com Inc. in defense of trade secret and breach of contract claims brought by former employer.
  • Leading on-line retailerin defense of Lanham Act false advertising claims.
  • Third-largest wine producer in the worldin defense of trademark and unfair competition claims brought by competitor.
  • United States Olympic Committeein numerous trademark and unfair competition actions relating to, inter alia, ambush marketing, offshore gambling, the importation of infringing merchandise and claims of fair use.
  • Artistagainst claims by Mattel Inc. of trademark and copyright infringement. Mattel Inc. v. Walking Mountain Prods., 353 F.3d 792 (9th Cir. 2003).
  • Major US apparel retailer against claims of copyright, trademark and trade dress infringement related to advertising and in-store design.
  • Food retailer in defense of claims of, and in prosecution of related counterclaims for, trademark infringement.
  • Time Inc.in prosecution of trademark infringement and dilution claims involving one of Time's most well-known trademarks.
  • American Express Travel Related Services, Inc. in defense of patent infringement litigation involving automated payment systems.

Recognition

Northern California Super Lawyers
(2004-2021)
Law360
"Legal Lion of the Week" (March 2020)

Credentials

Education
  • JD, University of Minnesota Law School, 1991, magna cum laude, Order of the Coif
  • AB, Harvard University, 1986, magna cum laude
Admissions
  • California
  • District of Columbia
Clerkships
  • Supreme Court of the United States, The Honorable John Paul Stevens
  • United States Court of Appeals, District of Columbia Circuit, The Honorable Patricia M. Wald
Activities
  • Member, State Bar of California
  • Member, Bar Association of the District of Columbia
  • Member, Bar Association of San Francisco
  • Member, American Bar Association
  • Secretary, The John Paul Stevens Foundation
  • President, Board of Directors, Jewish Family & Children's Services of San Francisco, The Peninsula, Marin and Sonoma Counties
  • Member, Advisory Council, Tahirih Justice Center
Overview

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