Sandra Wunderlich

Career

Sandy Wunderlich has a diverse litigation background, with a particular emphasis on intellectual property litigation and consulting.

An experienced trial lawyer, Sandy has been lead trial counsel in more than a dozen jury and bench trials. Over the past 25 years, she has litigated patent, trademark, copyright, and domain name matters from the cease-and-desist stage through appeal.

Outside of litigation, Sandy provides intellectual property consulting on the likelihood of litigation and strategizes with clients on ways to avoid it. She also assists clients with online brand control and enforcement through cost-effective approaches to stopping unauthorized sales of products. A member of the Federal Circuit, she has successfully handled appeals in that court.

In addition to her IP expertise, Sandy has represented large pharmaceutical manufacturers, agricultural and industrial manufacturers, a Fortune 50 company, and large national banks and credit arms of Fortune 100 companies in areas including commercial litigation, class actions, medical device and pharmaceutical liability, and financial services litigation, among others.

While Sandy is particularly well-known in Missouri and Illinois state and federal courts, she litigates disputes nationwide, in states including Kansas, Delaware, Minnesota, Tennessee, California, Texas, Ohio, Florida, New York, and New Jersey. Sandy also handles appeals in the highest appellate courts at both the state and federal levels. As a former law clerk to the Honorable Elwood L. Thomas of the Missouri Supreme Court, she gained valuable insight into the appellate process.

Practice Areas

• Intellectual Property

• IP Litigation

• Trademarks

• Copyright Law

• Patent Litigation

• Counterfeit Goods

• Trade Secret Litigation

Professional Memberships

• The Missouri Bar: Past Intellectual Property Law Committee Chair

• Illinois State Bar Association

• Kansas Bar Association

• Defense Research Institute: Intellectual Property Litigation Committee, Former Chair of Women in the Law Committee, DRI for Life, Annual Meeting Planning Committee

• International Association of Defense Counsel: Former Chair of Intellectual Property Committee

• Intellectual Property Owners Association: Vice Chair of Leadership Development Committee

• International Trademark Association: Unfair Competition Committee

Experience

Intellectual Property Litigation

Patent

• Defending a pharmaceutical company against allegations of inequitable conduct in the patent procurement process

• Pursuing the recovery of unpaid royalties for innovative concepts developed in a joint venture concerning retail consumer goods

• Defended a hydraulic lift manufacturer against allegations of patent infringement and breach of a license agreement

• Defended a major sporting goods manufacturer in an action accusing it of infringement of knee saver; obtained summary judgment in favor of client; following appeal to the Federal Circuit, the court unanimously affirmed the decision within 24 hours of the oral argument

• Defended an international manufacturer of disc brakes after the lower court entered judgment against client for willful infringement and awarded treble damages and attorney’s fees; after developing an effective strategy on appeal, the matter settled far more favorably than the judgment

• Defended an importer of pesticides in an infringement action related to the chemical formulation of pesticide; matter was resolved through a favorable settlement for client

• Defended a consumer appliance manufacturer in an action alleging infringement of six patents related to features of wet/dry vacuums; matter settled favorably for client days before trial

Trademark and Domain Names

• Served as an expert witness on behalf of a trademark owner in false advertising and disparagement action under the Lanham Act

• Successfully prevented the use of client’s trademark and trade dress in music video with disparaging lyrics about client’s business

• Represented an OTC pharmaceutical manufacturer in litigation against competitor for trade libel and tortious interference with business

• Represented an international brand owner for hardware and locks in trademark infringement actions

• Evaluated and defended assertion of false advertising made against a client, resulting in the avoidance of litigation

• Pursued enforcement actions on behalf of an international brand owner for camera equipment

• Defended an international nutritional supplement manufacturer in trademark infringement litigation

• Represented a food and beverage manufacturer in trademark infringement and cybersquatting litigation against another beverage manufacturer

• Obtained an order of seizure of counterfeit goods, a permanent injunction, and damages on behalf of a clothing manufacturer

• Represented a consumer products company in trademark and domain name litigation related to an advertising campaign and tagline

• Obtained dismissal of claims of trademark infringement and counterfeiting related to tobacco products sold on Amazon.com

• Successfully defeated a request for a temporary restraining order against a sporting goods manufacturer based upon alleged trademark infringement, resulting in dismissal of all asserted claims for infringement

• Obtained summary judgment in favor of a custom motorcycle manufacturer in a trademark infringement action related to its branded clothing and logo; decision affirmed on appeal

• Defended a bank in a trademark infringement action in the U.S. District Court of the Middle District of Tennessee; the matter settled favorably for client with client able to continue using the name

• Represented a charitable organization for families in crisis against claims of trademark infringement; matter resolved favorably for client with client able to continue using the brand

• Represented a charity asserting claims of trademark infringement; matter settled favorably for client with infringer agreeing to change its name

• Represented an international toy company in a claim of trade dress violation; case settled quickly after asserting the claim

• Defended a client against accusations of trademark infringement in use of domain name; matter resolved in favor of client, including payment of attorney’s fees

• Prosecuted an action on behalf of a client in a dispute related to domain name through UDRP process, resulting in release of the domain name for client’s use

• Represented an international toy company in a claim of infringement by a web-based seller that was allowing counterfeit goods to be sold; obtained a crucial ruling on the issue of jurisdiction and their liability for allowing the sale of infringing articles, leading to a favorable settlement for client

• Represented a healthcare company in defense of its trademark; judgment entered in favor of client that allowed for continued use of mark

• Defended a client against accusations of trademark infringement in use of domain name; matter resolved in favor of client, including payment of attorney’s fees

• Prosecuted an action on behalf of a client in a dispute related to domain name through UDRP process, resulting in release of the domain name for client’s use

Copyright

• Represented a jeweler in infringement claims against unauthorized distributor and retailer of infringing goods

• Represented the producers of a blockbuster song against claims of copyright infringement

• Represented an international toy company in a dispute related to movie rights and copyright infringement

• Represented a charity asserting claims of copyright infringement; matter settled favorably for client with infringer agreeing to cease use of the written materials

Education