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Intellectual Property Law
Litigation
Downey Brand has extensive experience in representing both plaintiffs
and defendants in litigation involving intellectual property rights,
including in particular cases that involve trademark and trade secret
rights. Given the nature of intellectual property cases, most such cases
have been filed in federal court, either in the Eastern District of
California or the Northern District of California. However, Downey Brand
has also represented clients in unfair competition and trade secret
cases in state courts located across California . The firm's experience
includes:
- Representing an employer accused by an inventor of having withheld
support for development of a patented invention.
- Representing a client who was accused of “raiding” another company's
workforce in order to obtain proprietary information from the recruited
employees.
- Representing a client in a federal court trademark and trade secret
action against one of its franchisees.
- Representing clients in trade secret cases involving customer lists,
including actions for preliminary injunctions to prevent the use of
such lists.
- Representing numerous clients in claims of trade secret misappropriation
against former employees. Representation has been both on behalf of
former employer and on behalf of individual or individual's new employer.
- Representing a biotechnology company in claim of trade secrets misappropriation
against former employee and current competitor. Case still pending.
- Representing a client in a claim of misappropriation of trade secrets
stemming from alleged theft of computer software.
- Representing a client in dispute over ownership of software program.
- Representing a client in a case involving alleged trade secret theft,
trade dress infringement, and unfair competition. Following the court's
denial of application for temporary restraining order, obtained dismissal
of entire action in favor of client.
- Representing a dentist in a trade secrets claim against his independent
contractor who misappropriated his customer list. Obtained a preliminary
injunction prohibiting further use of the list and requiring that
the list be returned. Assisted in negotiating a favorable settlement.
- Representing clients in trademark cancellation and trademark opposition
proceedings before Trademark Trial and Appeal Board.
- Representing a financial institution in claim of trademark infringement
against another financial institution. Case settled favorably in client's
favor, with opposing financial institution agreeing to change name.
- Representing apparel manufacturer in claim of trademark infringement
against recording artist and major recording studio. Case settled
favorably in client's favor, with recording artist agreeing to change
name.
- Representing a plaintiff in trademark action involving financial
institutions.
- Representing a computer retail outlet franchiser in federal court
litigation against franchisee involving trademark infringement and
trade secret theft. Case resolved favorably for client.
- Defending national plush toy manufacturer in copyright infringement
litigation. Obtained dismissal of entire action in favor of client.
- Representing a patent licensee in ongoing patent infringement litigation.
- Representing a patent owner in infringement dispute with patent
licensee. Obtained multimillion dollar settlement for client.
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