Home > Our People > Melinda S. Giftos > Intellectual Property Litigation
Melinda S. Giftos
Attorney
33 East Main Street, Suite 300
P.O. Box 1379
Madison, WI 53701-1379
Phone: (608) 234-6076
Fax: (608) 258-7138


Intellectual Property Litigation
Mindi Giftos is an attorney in the Madison office and is a key member of Whyte Hirschboeck Dudek’s Intellectual Property Team. She represents clients in a wide array of industries with complex intellectual property matters. Mindi is well-versed in emerging IP topics and is skilled at presenting IP concepts in a clear and readily understandable manner. For that reason, she not only effectively represents her clients with their IP matters, she is also frequently asked to speak and write about pertinent IP topics.

Intellectual Property Litigation & Commercial Litigation
Mindi has advised and represented clients with high-stakes intellectual property disputes involving patent infringement, false patent marking, copyright infringement, trademark infringement, trade dress infringement and counterfeiting in federal courts throughout the United States. She has also assisted clients with opposition and cancellation proceedings before the U.S. Trademark Trial and Appeal Board. In addition to her specific intellectual property expertise, Ms. Giftos has represented clients in a broad range of commercial litigation matters and business disputes involving unfair competition, unauthorized sales of goods, misappropriation of trade secrets, violations of non-compete agreements, violations of privacy rights, violations of publicity rights, defamation claims, business dissolution and distributorship disputes in both state and federal courts.

Intellectual Property Counseling & Protection
Mindi is adept at helping clients identify, register and protect their valuable intellectual property rights – such as trademarks, copyrights, and trade secrets – in the U.S. and throughout the world. She has extensive experience with the licensing and sale of IP assets and with negotiating and preparing IP-related policies and business arrangements.

Emerging Trends & Technology Law
Mindi closely tracks developing legal issues relating to branding, social media, privacy and technology. She is therefore readily able to advise her clients on potential risks and best practices in these areas. She is also skilled at preparing and negotiating complex technology transactions, such as open source software and software-as-a-service license agreements.

Community
Community involvement is very important to Mindi. She is the Chair of the Board of Directors, a founding site liaison and active coach for Girls on the Run of Dane County, a positive youth development program which encourages young girls to become self-confident, involved, and healthy leaders. She also served as a director and president of the Board of Directors for Avenues to Community, a support broker agency that provides support services to adults with developmental disabilities and traumatic brain injuries, from 2008 through 2013.

Education

  • University of Florida Levin College of Law, J.D., 2000, with honors; Editor in Chief, Journal of Technology Law & Policy, 1999; Book Awards (highest grade) in Intellectual Property Litigation and in Techniques of Growth Management
  • Florida State University, B.S., 1996

Admissions

  • Supreme Court of Wisconsin (2005)
  • Supreme Court of Florida (2000)
  • U.S. District Court for the Western District of Wisconsin
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. Court of Appeals for the Federal Circuit

Awards & Distinctions

  • Named a "Rising Star" by Wisconsin Super Lawyers (2013)

Representative Work

  • Advising businesses on how to effectively create and maintain Internet presences while avoiding legal pitfalls involved in social media, blogs, testimonials and websites.
  • Advising businesses on effective branding, including the adoption and use of trademarks and domain names.
  • Assisting businesses with identifying key intellectual property assets and advising them on how to most effectively leverage those assets.
  • Navigating businesses through the federal and international trademark and copyright registration processes.
  • Advising clients on comprehensive intellectual property protection, infringement, ownership and licensing.
  • Preparing and negotiating a broad range of commercial agreements, such as intellectual property licenses and assignments, confidentiality agreements, entertainment agreements, advertising agreements, production agreements, promotion agreements, sponsorship agreements, agency agreements, software development agreements, software licensing agreements, software as a service agreements, non-compete agreements, and joint venture agreements.
  • Advising businesses on use of open source software in commercial applications, and how to internally manage open source software usage.
  • Preparing international licensing and distribution agreements.
  • Conducting comprehensive intellectual property due diligence and preparing related reports in connection with large and small mergers and acquisitions.
  • Advising businesses on how to effectively comply with consumer product safety laws both domestically and abroad, including compliance with the complex and ever-changing Consumer Product Safety Improvement Act and related laws under development internationally.
  • Litigating trademark, unfair competition, copyright and patent matters before federal courts and the Trademark Trial and Appeal Board.
  • Assisting in a broad range of commercial litigation matters, including contract claims, non-competition claims, defamation claims, products liability claims and public utility disputes.

Articles and Presentations