Southern California Intellectual Property Litigation: Copyright and Trademark Disputes

Strategic Approaches to Intellectual Property Claims

Callahan & Blaine provides comprehensive client service on intellectual property litigation of all kinds in Orange County and Southern California. We advise entrepreneurs, small businesses, established companies and Fortune 500 corporations on litigation problems involving copyrights, trademarks, patents, licenses, trade secrets, advertising practices and proprietary processes. In recent years, we have handled extensive numbers of intellectual property litigation involving websites, digital and electronic information, the Internet and many other cutting edge legal and technological IP disputes.

Resourceful Advocacy in Copyright and Trademark Disputes

Our lawyers not only develop and execute effective litigation strategies in IP litigation, but we also help clients find the insurance coverage necessary to support a defense or meet your right to damages. Callahan & Blaine enjoys a nationwide reputation for success with the integration of insurance coverage issues into complex civil litigation strategies. This core strength of our practice can be just as valuable in intellectual property litigation as it has proved to be across the range of our business litigation practice.

Callahan & Blaine's focus on the defendant's practical ability to pay damages led to new law in an infringement case that we handled for the owner of a major music label. When independent swap meet vendors were selling bootleg copies of his music, we sued the swap meet owner for copyright and trademark infringement, and the Ninth Circuit Court of Appeals agreed with our vicarious liability theory: the insured swap meet owner had sufficient notice of the illegal sales, which together with its indirect profit incentive, justified holding it liable for the losses caused by the swap meet bootleggers.

We are equally adept in defending clients against intellectual property claims. Callahan & Blaine successfully represented several corporate defendants in the waterbed industry when the holder of a patent started suing manufacturers for infringement. The trial court upheld our defenses of laches and estoppel, and the dismissal of the claims in district court was affirmed by the Federal Circuit Court of Appeals for eight of the nine defendant manufacturers.

Intellectual property litigation can focus narrowly on infringement or licensing issues, or can represent important counterclaims or cross-claims in broader contract, corporate, fraud or business tort disputes. No matter where your IP issue fits into the litigation context, our law firm's trial attorneys can represent you in disputes involving:

  • Copyright, trademark or patent rights
  • Licensing agreements
  • IP transfers as part of the sale of a business
  • Advertising practices
  • Trade secrets, confidentiality or nondisclosure
  • Royalties and rights to payment
  • E-commerce and Internet marketing
  • IP aspects of employment or severance litigation
  • IP aspects of partnership or ownership disputes

For more information about our ability to protect your interests on either side of an intellectual property dispute, contact Callahan & Blaine in Santa Ana.