- J.D., University of California, Davis, 2014
- B.A., University of Chicago, 2009
- Northern District of California
Toni Qiu is an associate in the Intellectual Property Practice Group in the firm's San Francisco office.
Areas of Practice
Toni has substantial experience in handling a wide range of intellectual property matters. Toni represents clients in cases involving claims of infringement of trademark and trade dress, patent, and copyright, as well as claims for trademark dilution, false advertising, unfair competition, misappropriation of trade secrets, and other tort claims. Toni has both trial and appellate experience in federal court, and has worked on all aspects of a case, including with drafting complaints, fact and expert discovery, dispositive motion practice, pretrial, trial, and post-trial proceedings, appeal, and enforcement of judgments.
Toni also has experience with trademark prosecution and inter partes proceedings before the USPTO, prosecution of copyright registrations and submitting DMCA takedown notices, as well as providing advice and counsel regarding portfolio management, clearance, branding, and enforcement.
In addition, Toni assists with corporate transactions involving the transfer of intellectual property, and has drafted IP assignment agreements, license agreements, and coexistence agreements.
Toni has represented clients in a number of industries, including manufacturers of personal computers and mobile devices, producers of medical devices and software, big box retailers and online retailers, automakers, ice cream manufacturers, and other companies selling consumer products. Toni has also worked on matters for prominent businesses in natural gas technology and in mobile device communication channel selection and content streaming technology.
Toni has also handled a number of pro bono matters, including with child adoption, criminal record expungement, trademark prosecution, and corporate business filings on behalf of non-profit organizations. Toni is also the Co-Chair of the firm’s San Francisco Women Lawyers Group.
Ms. Qiu is currently representing or has represented:
- Global manufacturer of personal computers and mobile devices in a multi-defendant patent infringement case brought by an NPE.
- Leading manufacturer of medical devices and software used in cancer treatment in a competitor patent infringement case.
- Author of self-help program in connection with sending DMCA takedown notices to various online service providers for the removal of infringing copyrighted material
- An ice cream manufacturer and distributor in a three-week bench trial in federal court involving claims and counterclaims for trademark infringement and false advertising, in which the court entered a permanent injunction against the opposing party. Ms. Qiu served as second chair during the trial, taking direct and cross examination of several witnesses, and drafting all relevant pretrial and trial documents. After trial, Ms. Qiu drafted the proposed findings of fact and conclusions of law, large portions of which were adopted verbatim by the court. On appeal, Ms. Qiu also drafted the appellate briefing. The appellate court affirmed the trial court’s decision in its entirety.
- A big box retailer in a suit involving claims for trademark infringement, false advertising, unfair competition, and breach of contract over a word and design mark. Ms. Qiu handled fact and expert discovery, and prepared the motion for summary judgment and supporting materials, as well as pretrial documents. The case settled favorably.
- An online retailer involving claims of trademark infringement and counterfeiting. Ms. Qiu was responsible for drafting the briefing and preparing all materials filed in connection with cross motions for summary judgment. The case settled favorably.
- A leading global automaker in a trademark dispute involving a word and design mark. Ms. Qiu worked on discovery matters, prepared for fact and expert witness depositions, and assisted with drafting cross motions for summary judgment. The case settled favorably.
- A national video game accessory company in a trademark dispute involving a word mark used in connection with toys and figurines. The case settled favorably.
- Various companies in a breadth of industries with successful prosecution of trademark applications in the United States.
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