Cases

Representative cases

  • Mickelson v. Graphite Design Inc. (S.D. Cal.) – Counsel for golfer Phil Mickelson in right of publicity and trademark infringement action against golf club shaft manufacturer; favorable settlement
  • Supernova From Cynot3, LLC v. Mark Burnett Productions, Inc., et al. (S.D. Cal.) – Counsel for Orange County rock band Supernova in trademark infringement action against reality TV impresario Mark Burnett, former Mötley Crüe drummer Tommy Lee, and others; won preliminary injunction; favorable settlement
  • Callaway Golf Co. v. Akribis (S.D. Cal.) – Counsel for Callaway Golf in trademark infringement declaratory judgment action; successfully defended motion for preliminary injunction; reached favorable settlement
  • ThermoLife International, LLC v. Gaspari Nutrition, Inc. (D. Ariz.) – Counsel for defendant Gaspari Nutrition in false advertising, unfair competition, and Arizona civil RICO case; successfully moved to dismiss plaintiff’s Arizona civil RICO claims; successfully moved for summary judgment on plaintiff’s remaining claims (plaintiff’s appeal pending)
  • Vital Pharmaceuticals, Inc. v. Gaspari Nutrition, Inc. (S.D. Fla.) – Counsel for defendant Gaspari Nutrition in trade dress infringement action; plaintiff dismissed action
  • NeilMed Products Inc. v. B.F. Ascher & Co. (N.D. Cal.) – Counsel for NeilMed Products in action for patent infringement, copyright infringement, and trademark infringement
  • Rocawear Licensing LLC et al. v. Pacesetter Apparel Group et al. (C.D. Cal.) – Counsel for co-defendant Against All Odds USA, Inc. in trademark infringement action brought by Rocawear and Sean John, the clothing companies of Shawn “Jay-Z” Carter and Sean “Diddy” Combs; favorable settlement
  • Red Bull GmbH v. InDrinks Vertriebsges.m.b.H (C.D. Cal.) – Counsel for Defendant InDrinks in trademark infringement action brought by Red Bull, and in related inter partes proceedings before the Trademark Trial and Appeal Board, all involving InDrinks’ BLUE OX mark for use on energy drinks
  • Heon v. Samsung, et al. (Cal. Sup. Ct., County of San Diego) – Counsel for co-defendant Sprint in class action alleging false advertising regarding battery life of mobile phones
  • Robert F. Stonebreaker, DVM, and AVID Identification Systems, Inc. v. Medical Management International, Inc. – (Cal. Sup. Ct., County of San Diego) – Counsel for Dr. Stonebreaker and AVID in action for unfair business practices, unfair competition, and false and deceptive advertising in violation of Cal. Bus. & Prof. Code §§ 17200 and 17500
  • GeoVantage, Inc. v. GeoVantage Inc., et al. (D. Mass) – Represented Plaintiff GeoVantage, Inc. in trademark infringement action; favorable settlement
  • Suyen Corp. v. Americana International Limited (T.T.A.B.) – Represented Americana in defense of trademark opposition proceeding; won motion for judgment in client’s favor
  • Gaspari Nutrition, Inc. v. SFS Solutions, Inc. (Nat’l Arbitration Forum) – Represented Gaspari Nutrition in UDRP action to recover 31 domain names from cybersquatter SFS Solutions, Inc.; arbitration panel decided in Gaspari Nutrition’s favor and ordered transfer of all 31 domain names