Dominique Smith helps clients develop, protect and enforce their intellectual property and brand strategies. Her practice focuses on intellectual property litigation, Hatch-Waxman and biologics litigation and brand enforcement. She also handles patent and trademark prosecution.

Dominique’s litigation experience includes pleadings, discovery, depositions, claim construction, expert development, motions to dismiss, summary judgment and trial preparation. She has trial experience before the U.S. International Trade Commission and in federal district court in patent and trademark infringement matters.

In addition to her litigation work, Dominique advises clients on brand management and enforcement. Her trademark enforcement experience includes proceedings before the Trademark Trial and Appeal Board and disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP).

Her practice includes:

  • Drafting motions and other litigation filings
  • Developing deposition outlines and supporting expert reports
  • Drafting and responding to cease-and-desist letters
  • Drafting takedown letters
  • Supporting litigation matters in federal and state court
  • Advising on trademark and brand enforcement matters
  • Handling patent and trademark prosecution matters, including preparing applications and responding to USPTO office actions

Dominique approaches each matter with a focus on practical, business-driven solutions. She works closely with clients to protect and enforce their intellectual property rights while advancing their broader business goals.

Education

  • Loyola Law School, Los Angeles (J.D., 2023)
    • Production Editor of Loyola Law Review
    • Business Law Fellow
    • Loyola Scholar
  • Bucknell University (B.S., 2019)
    • Neuroscience

Bar Admission

  • California
  • Admitted to practice before the United States Patent and Trademark Office

Professional Affiliations

  • Association of Corporate Counsel (ACC) Southern California Internship Alumni
Publications
Trademark Risks in the AI Age: Navigating Infringement, Dilution and Genericness
Key Takeaways Artificial intelligence (AI) tools are accelerating risks of trademark infringement, dilution and genericness by enabling the rapid creation of brand-like content—including logos, names and imagery—often without users realizing they’re mimicking protected marks. Even unintentional AI-generated branding can expose companies to liability under federal and common law, especially where there’s a likelihood of consumer confusion or dilution of a famous mark’s distinctiveness. Brand owners and startups should actively monitor AI use, enforce IP rights and conduct proper clearance before adopting AI-generated branding to avoid exposure and preserve trademark value. AI tools are having a direct impact on brand owners and those looking to create their brands. Like any powerful tool, its advancements are often offset by certain trade-offs. While AI unlocks new opportunities
Read More
Revisiting Government March-In Rights Under Bayh-Dole: The FTC Weighs In
On February 6, 2024, the Federal Trade Commission (“FTC”) commented in support of what would be a historic expansion of government march-in rights under the Bayh-Dole Act in response to the release of the National Institute of Standards and Technology’s (NIST’s) Draft Guidance Framework for Considering the Exercise of March-In Rights (Proposed Framework) in early December 2023. Last week’s release by the FTC of its feedback on NIST’s Draft Guidance is now the second instance within two months of a U.S. government agency advocating for a landmark shift in the use of march-in rights by the U.S. government. The FTC comment follows the publication of NIST’s Draft Guidance on December 8, 2023, the first clear U.S. government statement arguing that march-in
Read More