Overview

Heather Antoine’s practice focuses on trademark clearance and selection, domestic and international trademark prosecution, enforcement, proceedings before the Trademark Trial and Appeal Board (TTAB), licensing, trade secret protection, copyright, rights of publicity, domain name disputes, and general client counseling. She supports companies throughout the entire lifecycle of brand development—from conducting due diligence when selecting a name to managing and protecting brands, ensuring portfolios are safeguarded and well-positioned for growth or sale.

In addition to her trademark work, Heather helps businesses navigate the complex and ever-expanding landscape of domestic and international privacy laws. She assists clients in developing privacy policies, compliance programs, and practical guidance for adhering to various privacy regulations. Heather advises on compliance with specific laws, including the California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR), and Children’s Online Privacy Protection Act (COPPA). She also works with clients to design and strengthen privacy and security policies to minimize the risk of data breaches.

Heather is a former chair of the California Lawyers Association Intellectual Property Law Section and is currently the chair of The Professional Club, a consumer products and apparel networking organization. She frequently speaks and writes about intellectual property and privacy issues. Heather is a contributing author for Forbes magazine and has been quoted by the Los Angeles Times, Bloomberg, CNBC, and other media outlets.

Previously, Heather was a partner and chaired both the trademark and brand protection practice and the privacy and data security practice at a law firm in Southern California.

Education

Whittier Law School, J.D., Certificate in International and Comparative Law; Dean’s Merit Scholarship and Public Interest Grant Recipient   

Occidental College, B.A., Diplomacy and World Affairs/minor: Women’s Studies & Gender Studies, 2003

Admissions

California

United States District Courts for the districts of Central, Southern, and Northern California

Ninth Circuit U.S. Court of Appeal

Supreme Court of the State of California

Insights

Insights & Presentations

  • “The TACO TUESDAY Trademark Tiff Reminds Us that Genericide is Real,” IPWatchdog, June 13, 2023
  • “Standing Up For Hip Hop: 2 Live Crew’s Decades-Long Legal Battles And Its Current Fight For Copyright Termination,” Forbes, December 19, 2022
  • “50 Cent’s ‘BMF’ Television Show Subject Of Ongoing Trademark Suit,” Forbes, July 27, 2022
  • “Hailey Bieber’s New Skincare Line Welcomed With Infringement Lawsuit,” Forbes, June 30, 2022
  • “Mariah Carey Hit With $20 Million Lawsuit for ‘All I Want for Christmas Is You’ – Is Nothing Sacred?” Forbes, June 7, 2022
  • “Ode to California: Understanding the Golden State's Impact on the Food Industry,” ACI Annual Summit on Food Law—Regulation, Compliance and Litigation, May 2021
  • “Expansion of Consumer Privacy Rights in the U.S.: Virginia Adopts CCPA-like Privacy Law,” The National Law Review, March 8, 2021
  • “California Consumer Privacy Act—2021 Developments and Enforcement,” Lexeprint & Thomson Reuters On Demand-CLE, March 2021
  • “How to Build a Privacy Program for Fast Moving Companies,” Iranian American Bar Association, September 2020
  • “The rise and fall of the EU-US Privacy Shield,” Daily Journal, July 24, 2020
  • “International Trademark Rights: Best Practices for a Trademark Global Presence,” IP Watchdog, July 2020
  • “CCPA enforcement and final regulations,” Daily Journal, June 26, 2020
  • “After the Hack: A Data Breach Post-Game Show,” International Technology Law Association, May 2020
  • “Trademark is not a verb: Tips for non-IP Practitioners,” California Lawyers Association, Annual Meeting, October 2019
  • “Patagonia services dismissal in the trademark suit based on claims of fame,” Daily Journal, September 17, 2019
  • “Millennials changed marketing; will they change our approach to trademarks too?” Daily Journal, April 17, 2019
  • “Protect Your Business Series: What your Business Needs to Know About Privacy Law, Cybercrime, and Cyber Insurance,” Beverly Hills Bar Association, April 2019
  • “Hashtag Trademarks: Legal and Practical Implications of Use by Brand Owners or Third Parties,” Strafford CLE, February 2019
  • “Data Privacy and Security After the GDPR: What You Need to Know,” American Bar Association, October 2018
  • “A Whole New World: IP an Internet E-Commerce Updates,” California Lawyers Association, Annual Meeting, September 2018
  • “Hell's Angels and Knitted Hats: Are Online Marketplaces Liable for IP Infringement?” International Technology Law Association, World Conference, May 2018
  • “Everything You Need To Know About ADA Website Accessibility,” California Lawyers Association Intellectual Property Section webinar, March 2018
  • “ADA Website Accessibility Compliance and Litigation Updates,” Internet Law Leadership Summit, May 2017
  • “Hashtagging: What You Need to Know about Hashtags as Trademarks, Hashtag Litigation, the FTC, Viral Campaigns, and More,” The Computer & Internet Lawyer, Wolters Kluwer, November 2016
  • “Social Media: What Lawyers Should Know About #Hashtags,” InsideTrack: State Bar of Wisconsin, November 2016
  • “Social Media and Reputation Management for Small Firms,” State Bar of California, Solo and Small Firm Summit, June 2016
  • “Social Media: Can Branding and Marketing Genius Lead to and IP Nightmare?” International Technology Law Association, World Conference, May 2016; Internet Law Leadership Summit, November 2015
  • “In Search of Unidentified Objects: Due Diligence in Privacy Policies and Terms of Use Agreements,” State Bar Intellectual Property Institute, November 2015
  • “Lions, Tigers and Friends: Social Media Year in Review,” State Bar Annual Meeting, October 2015
  • “Technology Panel: Ethical Guidelines for Practicing in the Cloud,” Century City Bar Association, October 2015
  • “Tips to Promote Your Business Online and Avoid Legal Pitfalls,” ProVisors, Beverly Hills and Santa Monica, 2015
  • “Digital Legacies: Balancing Privacy Rights and the Right to Access,” Internet Law Leadership Summit, June 2015
  • “What Happens To Your Online Life After Death?” International Technology Law Association, World Conference, February 2015
  • “Digital Assets After Death” (moderator), California State Bar, Intellectual Property Section Webinar, April 2015

Recognition

  • Listed in Southern California Super Lawyers® (Intellectual Property, Technology Transactions), 2022–present
    • Rising Star, 2016, 2018–2021
    • Top 100 Lawyers, 2021
    • Top 50 Women, 2021
  • Named to Daily Journal’s Top Intellectual Property Lawyers, 2023
  • Named to Daily Journal’s Top Women Lawyers, 2022
  • Named to Los Angeles Business Journal’s Women of Influence, 2022
  • Named an LA Times, Business of Law Magazine Legal Visionary, 2022
  • Named a Pasadena Magazine Top Attorney, 2014–2022

Affiliations

Professional

  • The Professional's Club (TPC)
    • Chair (present), Secretary (2023)
  • International Technology Law Association, Member, 2013–present
  • California Lawyers Association (formerly part of the California State Bar of California), Intellectual Property Law Section
    • Advisor, 2020–2022; Chair, 2019–2021; Vice Chair, 2018–2019); Secretary, 2017–2018; Executive Committee Member, 2016–2022; Technology, Internet, and Privacy Interest Group Leader (Vice Chair, 2016–2017; Program Chair, 2014-2016)

Civic

  • Alzheimer's Greater Los Angeles, Marketing Committee Board Member, 2017–2021
  • Provisors, Member, 2015–2022); Executive Committee, 2018–2020
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