Rob is an intellectual property litigation and mediation partner at Reed Smith handling high-stakes disputes and important business issues. Rob brings in-depth experience, judgment, and skill to the matter, and achieves clients’ goals.
Experience
Representative matters
Representative matters
Protecting Mondelez’s world-famous OREO, CHIPS AHOY, and NILLA WAFERS cookies and WHEAT THINS, RITZ, and PREMIUM crackers in private label trade dress infringement case against Aldi stores in the Northern District of Illinois.
Obtained preliminary injunction in the Northern District of Georgia against unauthorized use of the ANTHEM, BLUE CROSS, and BLUE SHIELD trademarks by purported group plan health insurance provider.
Successfully defended The Duracell Company in trademark and trade dress infringement action in the District of New Jersey. Defeated plaintiff vaping company's motion for preliminary injunction. Won motion to dismiss plaintiff's trade dress claim. Won summary judgment of no likelihood of confusion on plaintiff's trademark claims. Case dismissed with prejudice.
Protecting Mondelez’s world-famous OREO, CHIPS AHOY, and NILLA WAFERS cookies and WHEAT THINS, RITZ, and PREMIUM crackers in private label trade dress infringement case against Aldi stores in the Northern District of Illinois.
Obtained preliminary injunction in the Northern District of Georgia against unauthorized use of the ANTHEM, BLUE CROSS, and BLUE SHIELD trademarks by purported group plan health insurance provider.
Successfully defended The Duracell Company in trademark and trade dress infringement action in the District of New Jersey. Defeated plaintiff vaping company's motion for preliminary injunction. Won motion to dismiss plaintiff's trade dress claim. Won summary judgment of no likelihood of confusion on plaintiff's trademark claims. Case dismissed with prejudice.
Represented The Duracell Company in several gray market trademark infringement actions filed in Illinois, Connecticut, New York, and Anton Pillar raids and seizures of counterfeit operations in Hong Kong. Obtained favorable settlements including consent decrees.
Representing Brown Estates in the protection of its intellectual property rights in its award-winning Napa Valley estate wines and popular Brown Downtown tasting room.
Defended Volvo Cars in font software copyright case in Northern District of Illinois. Obtained favorable settlement for client.
Representing Clover Sonoma in the protection of its intellectual property rights in its popular dairy products from Sonoma County, California.
Representing The Free Spirits Company in the protection of its intellectual property rights in its line of alcohol-free beverages.
Represented GlaxoSmithKline in trademark enforcement matters for its consumer and pharma product lines.
Defended The Coca-Cola Company in right of publicity action filed by the heirs of Hubert Hansen in San Diego County Superior Court regarding the HUBERT’S and HANSEN’S beverage brands.
Represented LeapFrog Enterprises, Inc., in trademark infringement action filed against Epik Learning, LLC in the Northern District of Californiato protect LeapFrog's EPIC brand of educational tablets for children. Obtained favorable settlement for client.
Defended Glanbia plc and its subsidiary companies in trademark infringement action filed by Threshold Enterprises, Ltd. in Central District of California regarding the trusource brand of protein products and Open Source sustainable dairy farms licensing program. Obtained favorable settlement for client.
Represented LeapFrog Enterprises in trade dress infringement action in the Northern District of California to protect its distinctive packaging of educational products for children. Obtained favorable settlement for client, including a consent judgment against defendants.
Represented Stella & Dot in the protection of its intellectual property rights in jewelry and cosmetic products.
Defended The Coca-Cola Company in copyright infringement action in the Central District of California regarding a COKE ZERO television commercial that aired during the Super Bowl. Obtained favorable settlement for client.
Defended Safeway, Inc, in trade dress infringement action in the Northern District of California regarding a private label bottle design. Obtained favorable settlement for client.
Defended The Gillette Company in design patent infringement action in the Northern District of Illinois regarding a charger design. Obtained a favorable settlement for client.
Defended Vans Inc. in trade dress infringement action in Northern District of California regarding a shoe design. Obtained favorable settlement for client.
Represented plaintiff Core Foods Inc. in trademark infringement action against competitor in Northern District of California, resulting in favorable settlement for client.
Advised founder of Stags Leap Winery Cellars in intellectual property and right of publicity matters.
Advising Lucas Museum of Narrative Art and Skywalker Properties in intellectual property matters.
Represented author of foreign language textbooks in royalty dispute against publisher resulting in favorable recovery.
Defended The Leo Burnett advertising agency against claims of copyright infringement asserted by Bay Area artist. Obtained favorable settlement for client
Successfully represented popular Bay Area conventional and organic dairy company, Clover Stornetta, against East Coast dairy resulting in concurrent registrations before the United States Patent & Trademark Office.
Successfully represented 3M Unitek in patent infringement action in Central District of California, resulting in consent judgment upholding the validity of 3M's patents and barring defendant from selling accused devices.
Successfully represented Future Plc against Edge Games, Inc. in the TTAB resulting in cancellation of Edge Games' trademarks.
Advising longstanding East Bay delicatessen service – Genova Delicatessen – in intellectual property and general business matters.
Protected and licensed intellectual property of Ben Davis brand work apparel.
Successfully represented Briggs & Stratton in opposition to engine configuration trademark application filed by Honda Motor Company before the U.S. Trademark Trial & Appeal Board. After six years of litigation, Board sustained opposition on grounds of functionality and lack of secondary meaning in 129 page precedential opinion.
Defended Stanford University’s Chi Theta Chi student housing cooperative against claim of trademark infringement asserted by national Theta Chi fraternity. Obtained favorable settlement for client.
Defended The Iams Company (a division of Proctor & Gamble) in trademark infringement action in Northern District of California. Obtained favorable settlement for client.
Successfully defended Hilton Worldwide in copyright infringement action in Southern District of New York. Won 12b6 motion dismissing all claims. Unanimously affirmed by Second Circuit Court of Appeal.
Successfully defended The Coca-Cola Company in Central District of California against claims of trademark and copyright infringement. Obtained summary judgment that TCCC independently designed the PowerAde logo and did not copy plaintiff's alleged design.
Represented 3M in trademark and trade dress infringement action in the Northern District of California. Case settled favorably for client on the eve of trial.
Successfully represented Intel Corporation in hundreds of cease and desist negotiations, and in numerous federal court cases filed around the country, to stop infringement and/or dilution of the world famous INTEL trademark.
Defended Gap Inc. and Old Navy, LLC in Northern District of California against claims of trademark infringement and unfair competition based upon the alleged copying of plaintiff's trademark. Filed motion for summary judgment on defense of descriptive fair use. Case settled favorably for client at settlement conference on the eve of summary judgment hearing.
Defended The Wella Corporation (a division of The Procter and Gamble Company) in the Central District of California against claims of trademark infringement and unfair competition. Case settled favorably at settlement conference after mock jury of clerks impaneled by presiding judge voted in favor of Wella on no likelihood of confusion.
Co-counsel for American Blind challenging Google's keyword advertising practices under the Lanham Act. Defeated Google's motion to dismiss. Case settled on the eve of trial.
Represented The Simply Orange Company (a division of The Coca-Cola Company) in design patent and trade dress infringement actions filed in Florida and Georgia, and in cease and desist negotiations in California, to protect the distinctive, patented Simply brand container against imitators. Cases settled favorably for client with defendants making changes to the accused bottle designs.
Filed declaratory relief action on behalf of The Coca-Cola Company in the Middle District of Tennessee against Dutch water company that accused TCCC of infringing its alleged trade dress rights in a spherical shaped oxygenated water bottle. Obtained favorable settlement after completion of extensive discovery and upon filing summary judgment motion.
Defended Imagine Media in Northern District of California against claims of copyright infringement and trade dress infringement filed by competitor who claimed that its video game strategy guides had been copied by Imagine. Defeated plaintiff's motion for preliminary injunction by proving that the similar elements of the guides were not protectable. Case then settled on favorable terms for client.
Defended Flaem Nuova in Northern District of California in patent infringement action involving vacuum sealing technology for food products. Succeeded in compelling an arbitration of Flaem's license defense in Geneva, and worked with European counsel to obtain a defense ruling for client.
Defended Hilton Hotels Corporation in District of Nevada against claims of trademark infringement and unfair competition. After discovery, case went to mediation and settled favorably for client.
Represented Golden Gloves of America in a trademark infringement action in the Northern District of California against local boxing tournament promoter making unauthorized use of the GOLDEN GLOVES trademark. Defendant agreed to cease use of the mark and stipulated to judgment.
Successfully handled all phases of TTAB opposition proceeding (pleadings, discovery, functionality and secondary meaning survey expert reports, trial testimony, and trial briefs) resulting in 129 page precedential opinion sustaining opposition to product configuration trade dress application.
Defended a San Francisco intellectual property law firm against client's claim of attorney malpractice in the handling of trademark matters. Won defense ruling in three day arbitration.
Defended a state agency against claims of fraud and interference with contract asserted by failed aquaculture business. Won defense verdict in two week jury trial.
Defended a winery against claims of breach of contract and negligence in the storage and handling of third party's wine. Won defense verdict on plaintiff's claim, plus full amount requested in damages and attorneys' fees on client's breach of contract counterclaim in two week arbitration.
Defended a San Francisco full service law firm against claims of breach of contract asserted by terminated expert witness. Won defense ruling in one week arbitration.
Defended a private equity firm against claims of fraud and breach of contract asserted by borrower. Won defense ruling and recovery of attorneys' fees in two week jury trial.
Defended a construction company against claims of negligence asserted by class of homeowners who suffered flood damage to their homes and personal property in storm. Won motion for directed verdict at the close of plaintiff's case in two week jury trial.
Member of trial team in first case ever tried under the Semiconductor Mask Work Protection Act.
Recognitions
- Best Lawyers in America, Trademark Law, 2023 and 2025
- Named a Global Leader by World Trademark Review, 2025
- World Trademark Review 1000, 2025 (Gold Band)
“Excelling on the enforcement front, Robert Phillips advocates for leading companies who rely on him to handle high-stakes disputes and their most pressing business issues.”
Credentials
Education
Education
- University of San Francisco School of Law, 1985, J.D., magna cum laude
- University of California, Berkeley, 1982, B.A., with high honors
Professional admissions & qualifications
Professional admissions & qualifications
- California
Court admissions
Court admissions
- U.S. District Court - Eastern District of California
- U.S. District Court - Southern District of California
- U.S. District Court - Central District of California
- U.S. District Court - Northern District of California
- U.S. District Court - Southern District of Florida
- U.S. District Court - Northern District of Georgia
- U.S. District Court - District of Nebraska
- U.S. District Court - District of Nevada
- U.S. District Court - Southern District of New York
- U.S. District Court - Middle District of Tennessee
- U.S. Court of Appeals - Federal Circuit
- U.S. Court of Appeals - Ninth Circuit
- U.S. Court of Appeals - Second Circuit
Professional affiliations
Professional affiliations
- Center for Understanding in Conflict: Mediation and Conflict Resolution Training, Member
- California State Bar Association, Member
- International Trademark Association, Member
- International Trademark Association, Directory of Trademark Mediators
- World Intellectual Property Organization, Mediator
- Settlement Conference Panelist, Marin County Superior Court
- Day of Court Mediator, Alameda County Superior Court
- Alameda County Superior Court Mediation Program, Panelist
News
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