Kenneth L.Wilton
Partner
Intellectual Property
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Ken's breadth of knowledge across the entire IP spectrum makes him a unique resource in what has rapidly become a highly specialized field.
More About Ken
Intellectual property is the most valuable asset owned by most organizations. While focused primarily on the protection of trademarks, Ken’s experience in the related IP fields allows him to provide counsel that addresses the varied means of protecting intangible assets. With a strong background in computer programming, math and science, he understands how technology impacts organizations, and advises clients on how their IP rights can be protected in an interconnected world.
Working with a variety of clients in the pharmaceutical, consumer product, and alcoholic beverage spaces, Ken focuses primarily on trademark, false advertising, copyright, and right of publicity counseling and litigation. Ken‘s trademark practice is international in scope, and his recognition of the differences and interplay between litigation in specific jurisdictions, and how those differences can be leveraged, has proved invaluable in addressing cross-border intellectual property matters. Domestically, Ken litigates infringement and counterfeiting disputes in the federal courts, and has extensive experience with opposition and cancellation proceedings before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office, including more than a dozen trials. He has supervised the conduct of international anti-counterfeiting activities, and has filed or defended more than two dozen proceedings under the Uniform Domain-Name Dispute-Resolution Policy (UDRP). Ken has advised on and litigated a wide variety of comparative advertising issues, including establishment and product line claims. He regularly counsels clients in the social media space, particularly in connection with influencer marketing issues.
A commitment to client service forms the foundation of Ken’s practice. He works with his clients to understand their needs and preferred methods of practice, whether partnering with the CEO of a small corporation, or the in-house counsel for a large one. He uses Seyfarth‘s technology tools to create a frictionless environment where client needs can be met on their own terms.
As Seyfarth's Trademark practice lead, Ken leads a robust national practice. Ken co-founded Seyfarth’s Advertising & Marketing group, which brings together Seyfarth attorneys across practices including intellectual property, commercial litigation, and product liability to address the increasing advertising-related challenges faced by clients across all industries.
Additionally, Ken participates in the broader national and international trademark communities. He is a contributing editor for the 2019 edition of the California Education for the Bar’s Internet Law and Practice in California. Previously, Ken was co-chair of the California State Bar’s Internet and Privacy Law committee. He has been an active committee member with the International Trademark Association since 2006, including the Trademark Reporter, Academic, Unfair Competition and Enforcement Committees, and speaks regularly at INTA’s annual and leadership meetings.
Ken was recognized by Best of the Best Lawyers as one of the top 30 United States trademark practitioners in 2019; has been consistently recognized by Who’s Who Legal (Law Business Research Ltd.) (2013-2019) for his work as a trademark attorney; by Managing Intellectual Property as a Trademark “IP Star” (2014-2019); and as one of the World’s Top 1000 Leading Trademark Law Practitioners by World Trademark Review (Law Business Research Ltd.) (2006-2019). Ken has been selected by the Daily Journal as one of the top 75 Intellectual Property Litigators in California (2013). The WTR 1000 (Law Business Research Ltd.) has characterized Ken as a “litigation maven,” identifying him as an effective problem solver who “assesses matters holistically and strikes accurately with incisive arguments.”
Ken is proud to be a part of a firm that constantly seeks to improve—whether this includes making the delivery of legal services more seamless, evolving new roles to best match talent and goals with career paths, or focusing on the need for increased diversity in the legal profession.
Working with a variety of clients in the pharmaceutical, consumer product, and alcoholic beverage spaces, Ken focuses primarily on trademark, false advertising, copyright, and right of publicity counseling and litigation. Ken‘s trademark practice is international in scope, and his recognition of the differences and interplay between litigation in specific jurisdictions, and how those differences can be leveraged, has proved invaluable in addressing cross-border intellectual property matters. Domestically, Ken litigates infringement and counterfeiting disputes in the federal courts, and has extensive experience with opposition and cancellation proceedings before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office, including more than a dozen trials. He has supervised the conduct of international anti-counterfeiting activities, and has filed or defended more than two dozen proceedings under the Uniform Domain-Name Dispute-Resolution Policy (UDRP). Ken has advised on and litigated a wide variety of comparative advertising issues, including establishment and product line claims. He regularly counsels clients in the social media space, particularly in connection with influencer marketing issues.
A commitment to client service forms the foundation of Ken’s practice. He works with his clients to understand their needs and preferred methods of practice, whether partnering with the CEO of a small corporation, or the in-house counsel for a large one. He uses Seyfarth‘s technology tools to create a frictionless environment where client needs can be met on their own terms.
As Seyfarth's Trademark practice lead, Ken leads a robust national practice. Ken co-founded Seyfarth’s Advertising & Marketing group, which brings together Seyfarth attorneys across practices including intellectual property, commercial litigation, and product liability to address the increasing advertising-related challenges faced by clients across all industries.
Additionally, Ken participates in the broader national and international trademark communities. He is a contributing editor for the 2019 edition of the California Education for the Bar’s Internet Law and Practice in California. Previously, Ken was co-chair of the California State Bar’s Internet and Privacy Law committee. He has been an active committee member with the International Trademark Association since 2006, including the Trademark Reporter, Academic, Unfair Competition and Enforcement Committees, and speaks regularly at INTA’s annual and leadership meetings.
Ken was recognized by Best of the Best Lawyers as one of the top 30 United States trademark practitioners in 2019; has been consistently recognized by Who’s Who Legal (Law Business Research Ltd.) (2013-2019) for his work as a trademark attorney; by Managing Intellectual Property as a Trademark “IP Star” (2014-2019); and as one of the World’s Top 1000 Leading Trademark Law Practitioners by World Trademark Review (Law Business Research Ltd.) (2006-2019). Ken has been selected by the Daily Journal as one of the top 75 Intellectual Property Litigators in California (2013). The WTR 1000 (Law Business Research Ltd.) has characterized Ken as a “litigation maven,” identifying him as an effective problem solver who “assesses matters holistically and strikes accurately with incisive arguments.”
Ken is proud to be a part of a firm that constantly seeks to improve—whether this includes making the delivery of legal services more seamless, evolving new roles to best match talent and goals with career paths, or focusing on the need for increased diversity in the legal profession.
- JD, University of California, Hastings College of the Law
Comm/Ent Hastings Communications and Entertainment Law Journal, editor-in-chief (1985-1986)
- BA, University of California, Los Angeles
History
- California
- US Court of Appeals, Fifth Circuit
- US Court of Appeals, Sixth Circuit
- US Court of Appeals, Ninth Circuit
- US Court of Appeals, Eleventh Circuit
- US Court of Appeals, Federal Circuit
- US Tax Court
- US District Court, Central District of California
- US District Court, Eastern District of California
- US District Court, Northern District of California
- US District Court, Southern District of California
- US District Court, District of Colorado
- US District Court, Eastern District of Texas
- California Supreme Court
- Represented large consumer products company in false advertising litigation related to product packaging. The case was resolved on favorable terms.
- Represented pharmaceutical client in connection with US litigation related to worldwide dispute. Obtained final judgment in client's favor and injunction.
- Prevailed at trial before the Trademark Trial and Appeal Board of the USPTO for large US corporation.
Related News & Insights
-
Recognition
09/12/2023
Seyfarth Recognized in World Intellectual Property Review’s 2023 National Trademarks Rankings
-
Recognition
Feb 8, 2023
Seyfarth Receives High Recognition in 2023 WTR 1000
-
Media Mentions
01/26/2023
Seyfarth’s Ken Wilton discusses trademark challenges in Law360, “TTAB Shows Brands How To Avoid Getting Lost In Translation”
-
Attorney Publication
Nov 30, 2022
Ken Wilton and Lauren Gregory authored a chapter in World Trademark Review’s Trademark Litigation: A Global Guide 2023
- Recognized as a Leading USA Trademark Lawyer in World Intellectual Property Review (2023)
- Listed in Best Lawyers in America (Woodward/White Inc.) for Litigation - Intellectual Property (2019-2023)
- AV Preeminent Rating from Martindale-Hubbell Peer Review Ratings
- Best of the Best USA: One of top 30 trademark practitioners in the United States by Legal Media Group (2019, 2021)
- Recognized by IP STARS as a "Trademark Star" (2014-2023) and "Patent Star" (2017) (Euromoney Institutional Investor PLC)
- Listed in Los Angeles Super Lawyers for Intellectual Property (Thomson Reuters) (2006-2007, 2012-2020)
- Named in the International Who's Who of Trademark Lawyers (Law Business Research Ltd.) (2013-2022)
- Recognized in the World Trademark Review's Top 1000 Trademark Practitioners Worldwide (Law Business Research Ltd.) (2013-2019)
- Named among the World's Leading Trademark Practitioners for Managing Intellectual Property (Euromoney Institutional Investor PLC) (2006-2019)
- Listed as one of the Daily Journal's Top 75 Intellectual Property Litigators in California (2013)
- International Trademark Association (Trademark Reporter Committee, 2006-2013; Academic Committee, 2013-2016; Unfair Competition Committee, 2016-2019; Enforcement Committee, 2019-present; Adjunct Professor special interest group 2009-2013; co-chair 2013-2016)
- The State Bar of California, Business Law Section, Internet & Privacy Law Committee (member, 2012-2016; co-chair, 2015-2016)
- Los Angeles Intellectual Property Inn of Court (Master of the Bench, co-mentoring chair; 2010-2012)
- Beverly Hills Bar Association (New Technology Committee co-chair; 1996-1997; Intellectual Property Section chair, 1997-2000)
- Los Angeles County Bar Association (Litigation Section, Intellectual Property Law Section, Computer/Software Law Section)
- American Bar Associations (Litigation Section, Intellectual Property Law Section)
- Co-Author, "Internet Archive's National Emergency Library: Public Service or Copyright Infringement?," Legal Update, Seyfarth Shaw LLP (April 9, 2020)
- Contributing editor, Internet Law and Practice in California (2019 ed. California Education for the Bar)
- Co-Author, "Standing Out: The Supreme Court Eases Standard for Awarding Attorney’s Fees in Patent Cases," One Minute Memo, Seyfarth Shaw LLP (May 1, 2014)
- Co-Author, "Harm Presumed No More: Trademark Owners Must Prove Irreparable Harm For Any Injunction In The Ninth Circuit," One Minute Memo, Seyfarth Shaw LLP (December 17, 2013)
- Co-Author, “The New Domains Are Coming! – Time To Round Up The Trademarks,” One Minute Memo, Seyfarth Shaw LLP (February 28, 2013)
- “Growth Strategies and Harvesting Intellectual Assets for Retailers” Retail Industry Leaders Assocation, Retail Law Conference, Nashville, TN (October 17, 2019)
- “Risk of Influencer/Third-Party Advertising” ACC SoCal Chapter (June 24, 2019)
- “Overview of and Recent Worldwide Developments in Unfair Competition Law” International Trademark Association Annual Meeting, Boston, MA (May 19, 2019)
- “When Trademarks Overlap with Other IP Rights” International Trademark Association Annual Meeting, Seattle, WA (May 23, 2018)
“Opportunities and Challenges of Being an Adjunct Professor” International Trademark Association Annual Meeting, Orlando, FL (May 22, 2016) - “Trademarks and Designs” When Trademarks Overlap with Other IP Rights Program International Trademark Association - Munich, Germany (Dec. 8-9, 2014)
- “The Right to Be Forgotten: Current Developments and Practical Tips” Cyberspace Law Committee, State Bar of California (July 8, 2014)
- “The Computer Fraud and Abuse Act of 1986 - History and Interpretation” University of Southern California, Gould School of Law (April 23, 2014)
- “The Legal and Practical Sides Of Cybersecurity: Sifting Through The Demise Of The Cybersecurity Act of 2012” (with Misty Blair) Cyberspace Law Committee, State Bar of California (September 11, 2012)
- “Keyword Litigation Update” Intellectual Property Owners Annual Meeting (September 12, 2011)
- UCLA History Department Advisory Board
Teaching
- University of Southern California Gould School of Law: Lecturer on Copyright and the Internet (2002-2006); Lecturer-in-Law, Internet Law (2009-2016), Trademark Law in Practice (2018)
- Pepperdine University Graziadio School of Business: Lecturer on Intellectual Property and Internet Law (2008 – 2011)
Ken's breadth of knowledge across the entire IP spectrum makes him a unique resource in what has rapidly become a highly specialized field.
More About Ken
Intellectual property is the most valuable asset owned by most organizations. While focused primarily on the protection of trademarks, Ken’s experience in the related IP fields allows him to provide counsel that addresses the varied means of protecting intangible assets. With a strong background in computer programming, math and science, he understands how technology impacts organizations, and advises clients on how their IP rights can be protected in an interconnected world.
Working with a variety of clients in the pharmaceutical, consumer product, and alcoholic beverage spaces, Ken focuses primarily on trademark, false advertising, copyright, and right of publicity counseling and litigation. Ken‘s trademark practice is international in scope, and his recognition of the differences and interplay between litigation in specific jurisdictions, and how those differences can be leveraged, has proved invaluable in addressing cross-border intellectual property matters. Domestically, Ken litigates infringement and counterfeiting disputes in the federal courts, and has extensive experience with opposition and cancellation proceedings before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office, including more than a dozen trials. He has supervised the conduct of international anti-counterfeiting activities, and has filed or defended more than two dozen proceedings under the Uniform Domain-Name Dispute-Resolution Policy (UDRP). Ken has advised on and litigated a wide variety of comparative advertising issues, including establishment and product line claims. He regularly counsels clients in the social media space, particularly in connection with influencer marketing issues.
A commitment to client service forms the foundation of Ken’s practice. He works with his clients to understand their needs and preferred methods of practice, whether partnering with the CEO of a small corporation, or the in-house counsel for a large one. He uses Seyfarth‘s technology tools to create a frictionless environment where client needs can be met on their own terms.
As Seyfarth's Trademark practice lead, Ken leads a robust national practice. Ken co-founded Seyfarth’s Advertising & Marketing group, which brings together Seyfarth attorneys across practices including intellectual property, commercial litigation, and product liability to address the increasing advertising-related challenges faced by clients across all industries.
Additionally, Ken participates in the broader national and international trademark communities. He is a contributing editor for the 2019 edition of the California Education for the Bar’s Internet Law and Practice in California. Previously, Ken was co-chair of the California State Bar’s Internet and Privacy Law committee. He has been an active committee member with the International Trademark Association since 2006, including the Trademark Reporter, Academic, Unfair Competition and Enforcement Committees, and speaks regularly at INTA’s annual and leadership meetings.
Ken was recognized by Best of the Best Lawyers as one of the top 30 United States trademark practitioners in 2019; has been consistently recognized by Who’s Who Legal (Law Business Research Ltd.) (2013-2019) for his work as a trademark attorney; by Managing Intellectual Property as a Trademark “IP Star” (2014-2019); and as one of the World’s Top 1000 Leading Trademark Law Practitioners by World Trademark Review (Law Business Research Ltd.) (2006-2019). Ken has been selected by the Daily Journal as one of the top 75 Intellectual Property Litigators in California (2013). The WTR 1000 (Law Business Research Ltd.) has characterized Ken as a “litigation maven,” identifying him as an effective problem solver who “assesses matters holistically and strikes accurately with incisive arguments.”
Ken is proud to be a part of a firm that constantly seeks to improve—whether this includes making the delivery of legal services more seamless, evolving new roles to best match talent and goals with career paths, or focusing on the need for increased diversity in the legal profession.
Working with a variety of clients in the pharmaceutical, consumer product, and alcoholic beverage spaces, Ken focuses primarily on trademark, false advertising, copyright, and right of publicity counseling and litigation. Ken‘s trademark practice is international in scope, and his recognition of the differences and interplay between litigation in specific jurisdictions, and how those differences can be leveraged, has proved invaluable in addressing cross-border intellectual property matters. Domestically, Ken litigates infringement and counterfeiting disputes in the federal courts, and has extensive experience with opposition and cancellation proceedings before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office, including more than a dozen trials. He has supervised the conduct of international anti-counterfeiting activities, and has filed or defended more than two dozen proceedings under the Uniform Domain-Name Dispute-Resolution Policy (UDRP). Ken has advised on and litigated a wide variety of comparative advertising issues, including establishment and product line claims. He regularly counsels clients in the social media space, particularly in connection with influencer marketing issues.
A commitment to client service forms the foundation of Ken’s practice. He works with his clients to understand their needs and preferred methods of practice, whether partnering with the CEO of a small corporation, or the in-house counsel for a large one. He uses Seyfarth‘s technology tools to create a frictionless environment where client needs can be met on their own terms.
As Seyfarth's Trademark practice lead, Ken leads a robust national practice. Ken co-founded Seyfarth’s Advertising & Marketing group, which brings together Seyfarth attorneys across practices including intellectual property, commercial litigation, and product liability to address the increasing advertising-related challenges faced by clients across all industries.
Additionally, Ken participates in the broader national and international trademark communities. He is a contributing editor for the 2019 edition of the California Education for the Bar’s Internet Law and Practice in California. Previously, Ken was co-chair of the California State Bar’s Internet and Privacy Law committee. He has been an active committee member with the International Trademark Association since 2006, including the Trademark Reporter, Academic, Unfair Competition and Enforcement Committees, and speaks regularly at INTA’s annual and leadership meetings.
Ken was recognized by Best of the Best Lawyers as one of the top 30 United States trademark practitioners in 2019; has been consistently recognized by Who’s Who Legal (Law Business Research Ltd.) (2013-2019) for his work as a trademark attorney; by Managing Intellectual Property as a Trademark “IP Star” (2014-2019); and as one of the World’s Top 1000 Leading Trademark Law Practitioners by World Trademark Review (Law Business Research Ltd.) (2006-2019). Ken has been selected by the Daily Journal as one of the top 75 Intellectual Property Litigators in California (2013). The WTR 1000 (Law Business Research Ltd.) has characterized Ken as a “litigation maven,” identifying him as an effective problem solver who “assesses matters holistically and strikes accurately with incisive arguments.”
Ken is proud to be a part of a firm that constantly seeks to improve—whether this includes making the delivery of legal services more seamless, evolving new roles to best match talent and goals with career paths, or focusing on the need for increased diversity in the legal profession.
- JD, University of California, Hastings College of the Law
Comm/Ent Hastings Communications and Entertainment Law Journal, editor-in-chief (1985-1986)
- BA, University of California, Los Angeles
History
- California
- US Court of Appeals, Fifth Circuit
- US Court of Appeals, Sixth Circuit
- US Court of Appeals, Ninth Circuit
- US Court of Appeals, Eleventh Circuit
- US Court of Appeals, Federal Circuit
- US Tax Court
- US District Court, Central District of California
- US District Court, Eastern District of California
- US District Court, Northern District of California
- US District Court, Southern District of California
- US District Court, District of Colorado
- US District Court, Eastern District of Texas
- California Supreme Court
- Represented large consumer products company in false advertising litigation related to product packaging. The case was resolved on favorable terms.
- Represented pharmaceutical client in connection with US litigation related to worldwide dispute. Obtained final judgment in client's favor and injunction.
- Prevailed at trial before the Trademark Trial and Appeal Board of the USPTO for large US corporation.
Related News & Insights
-
Recognition
09/12/2023
Seyfarth Recognized in World Intellectual Property Review’s 2023 National Trademarks Rankings
-
Recognition
Feb 8, 2023
Seyfarth Receives High Recognition in 2023 WTR 1000
-
Media Mentions
01/26/2023
Seyfarth’s Ken Wilton discusses trademark challenges in Law360, “TTAB Shows Brands How To Avoid Getting Lost In Translation”
-
Attorney Publication
Nov 30, 2022
Ken Wilton and Lauren Gregory authored a chapter in World Trademark Review’s Trademark Litigation: A Global Guide 2023
- Recognized as a Leading USA Trademark Lawyer in World Intellectual Property Review (2023)
- Listed in Best Lawyers in America (Woodward/White Inc.) for Litigation - Intellectual Property (2019-2023)
- AV Preeminent Rating from Martindale-Hubbell Peer Review Ratings
- Best of the Best USA: One of top 30 trademark practitioners in the United States by Legal Media Group (2019, 2021)
- Recognized by IP STARS as a "Trademark Star" (2014-2023) and "Patent Star" (2017) (Euromoney Institutional Investor PLC)
- Listed in Los Angeles Super Lawyers for Intellectual Property (Thomson Reuters) (2006-2007, 2012-2020)
- Named in the International Who's Who of Trademark Lawyers (Law Business Research Ltd.) (2013-2022)
- Recognized in the World Trademark Review's Top 1000 Trademark Practitioners Worldwide (Law Business Research Ltd.) (2013-2019)
- Named among the World's Leading Trademark Practitioners for Managing Intellectual Property (Euromoney Institutional Investor PLC) (2006-2019)
- Listed as one of the Daily Journal's Top 75 Intellectual Property Litigators in California (2013)
- International Trademark Association (Trademark Reporter Committee, 2006-2013; Academic Committee, 2013-2016; Unfair Competition Committee, 2016-2019; Enforcement Committee, 2019-present; Adjunct Professor special interest group 2009-2013; co-chair 2013-2016)
- The State Bar of California, Business Law Section, Internet & Privacy Law Committee (member, 2012-2016; co-chair, 2015-2016)
- Los Angeles Intellectual Property Inn of Court (Master of the Bench, co-mentoring chair; 2010-2012)
- Beverly Hills Bar Association (New Technology Committee co-chair; 1996-1997; Intellectual Property Section chair, 1997-2000)
- Los Angeles County Bar Association (Litigation Section, Intellectual Property Law Section, Computer/Software Law Section)
- American Bar Associations (Litigation Section, Intellectual Property Law Section)
- Co-Author, "Internet Archive's National Emergency Library: Public Service or Copyright Infringement?," Legal Update, Seyfarth Shaw LLP (April 9, 2020)
- Contributing editor, Internet Law and Practice in California (2019 ed. California Education for the Bar)
- Co-Author, "Standing Out: The Supreme Court Eases Standard for Awarding Attorney’s Fees in Patent Cases," One Minute Memo, Seyfarth Shaw LLP (May 1, 2014)
- Co-Author, "Harm Presumed No More: Trademark Owners Must Prove Irreparable Harm For Any Injunction In The Ninth Circuit," One Minute Memo, Seyfarth Shaw LLP (December 17, 2013)
- Co-Author, “The New Domains Are Coming! – Time To Round Up The Trademarks,” One Minute Memo, Seyfarth Shaw LLP (February 28, 2013)
- “Growth Strategies and Harvesting Intellectual Assets for Retailers” Retail Industry Leaders Assocation, Retail Law Conference, Nashville, TN (October 17, 2019)
- “Risk of Influencer/Third-Party Advertising” ACC SoCal Chapter (June 24, 2019)
- “Overview of and Recent Worldwide Developments in Unfair Competition Law” International Trademark Association Annual Meeting, Boston, MA (May 19, 2019)
- “When Trademarks Overlap with Other IP Rights” International Trademark Association Annual Meeting, Seattle, WA (May 23, 2018)
“Opportunities and Challenges of Being an Adjunct Professor” International Trademark Association Annual Meeting, Orlando, FL (May 22, 2016) - “Trademarks and Designs” When Trademarks Overlap with Other IP Rights Program International Trademark Association - Munich, Germany (Dec. 8-9, 2014)
- “The Right to Be Forgotten: Current Developments and Practical Tips” Cyberspace Law Committee, State Bar of California (July 8, 2014)
- “The Computer Fraud and Abuse Act of 1986 - History and Interpretation” University of Southern California, Gould School of Law (April 23, 2014)
- “The Legal and Practical Sides Of Cybersecurity: Sifting Through The Demise Of The Cybersecurity Act of 2012” (with Misty Blair) Cyberspace Law Committee, State Bar of California (September 11, 2012)
- “Keyword Litigation Update” Intellectual Property Owners Annual Meeting (September 12, 2011)
- UCLA History Department Advisory Board
Teaching
- University of Southern California Gould School of Law: Lecturer on Copyright and the Internet (2002-2006); Lecturer-in-Law, Internet Law (2009-2016), Trademark Law in Practice (2018)
- Pepperdine University Graziadio School of Business: Lecturer on Intellectual Property and Internet Law (2008 – 2011)