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Menu
  • Home
  • About
    • Brian P. Kinder
    • Michael S. Doll – Of Counsel
  • Protection
    • Trademark Protection
    • Trademark Infringement
    • Comprehensive Trademark Search
    • Trademark Application – Intent-to-Use Based
    • Response to Trademark Office Action
    • Oppositions / Cancellations
    • Irvine Trademark Lawyer
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  • Litigation
    • Copyright Infringement
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    • Trademark Oppositions
  • Flat Fee Filings
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    • International Trademark Protection
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    • Registration Renewal – Section 8&15
    • Registration Renewal – Section 8&9
    • Request for Extension of Time to File Statement of Use
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HomeLitigation

Orange County Intellectual Property Litigation Attorney

our work

We Play Chess…..Not Checkers.

Success in litigation doesn’t result from a single move, but from a series of carefully planned steps implemented perfectly. Whether we are litigating in a courtroom, or strategically reviewing and implementing your intellectual property portfolio in coordination with market expansion, we are always thinking ten steps ahead. Having these sound intellectual property and legal strategies in place can help your company avoid disputes, but in today’s global marketplace conflicts can and do arise.

Because lawsuits are expensive and outcomes uncertain, TKLG strives to negotiate early resolution of matters before investing your company’s valuable time, energy and financial resources. When litigation is unavoidable, our aggressive litigators will zealously enforce and defend your valuable intellectual property rights.

We have a reputation for successfully litigating intellectual property rights and franchise disputes both in arbitration and before the various U.S. Federal District and California State courts. Our experience spans, among other matters, litigation of issues involving patent infringement, trademark infringement, copyright infringement, misappropriation of trade secrets, unfair competition, counterfeiting, false advertising, and rights of publicity issues.

Our professionals are also skilled in handling disputes before various administrative tribunals, such as opposition and cancellation proceedings before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, and domain name disputes before the World Intellectual Property Organization and National Arbitration Forum. By defending and enforcing these valuable IP rights, TKLG enhances its clients’ businesses and maintains their competitive edges for the future.

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Trademark Protection

They are the names, logos and slogans that identify your company and separate you from your competition.
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Copyright Protection

They are everywhere and embedded in everything. Your business uses them and creates them every day.
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Patent Protection

The Kinder Law Group can assist clients in securing the patent related services.
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Trade Secret Protection

The attorneys at The Kinder Law Group have more than a decade of experience handling trade secret protection.
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Franchise and Licensing

Whether you are horizontally expanding the reach of your business by licensing to businesses in other cities, states or countries, or vertically expanding by licensing related and unrelated products and services.
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International Trademarks

The founder of The Kinder Law Group, Brian P. Kinder, has handled trademark matters in over 120 countries around the world.
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Advertising and Internet Law

The attorneys at The Kinder Law Group have vast experience in guiding and counseling on local and national marketing and advertising efforts.
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Domain Name Disputes

The Internet is indeed a double-edged sword. While legitimate business owners have gained a nimble medium in which to promote their goods and services.
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Representative Cases

(Client Denoted in Blue)

Structural Plastics v. Sam Pievac Company

  • Practice Area: Trademark Infringement
  • Outcome: Settled pursuant to a confidential win-win settlement agreement.
  • Description: Trademark infringement lawsuit involving dispute over the rights to SPC.

Nova-Ortho Medical v. Farinpour

  • Practice Area: Trademark Infringement
  • Outcome: Settled pursuant to a confidential win-win settlement agreement.
  • Description: Trademark infringement lawsuit involving dispute over the rights to SPC.

Peter O’Colmain v. Aussie Pet Mobile, Inc.

  • Practice Area: Franchising Dispute
  • Outcome: Jury award of $750,000 with almost one-half million in punitive damages.
  • Description: Brian Kinder served as lead trial counsel in a nearly month-long jury trial. Obtained unanimous jury verdict for fraud and violation of franchise investment laws against both the franchisor and the owner of the franchise personally.

Sound Waves v. Advanced Thermal Insulation

  • Practice Area: Trade Secrets
  • Outcome: Settled
  • Description: Clients were former employees of a company. When they left the company and started their own competing business, their former employer sued them for misappropriation of trade secret. Another lawyer was originally handling the case and TKLG was brought in several months into the lawsuit. The prior lawyer had not tendered the case to insurance for handling, so TKLG immediately did so and got coverage. After several months of litigation, the case settled with virtually nothing out of pocket for TKLG’s client. A huge win for the client.

Huff Flanders, Inc. v. Farinpour

  • Practice Area: Franchising Dispute
  • Outcome: Obtained arbitration award valued at over $750k.
  • Description: Several months after negotiating nearly a million dollar settlement agreement on behalf of his client, Mr. Kinder filed a demand for arbitration when the other side breached the agreement and accused his client of unfair competition. As lead trial counsel in a three week arbitration with witnesses spanning several states, obtained award valued at over $750k.

EKPG v. LAT

  • Practice Area: Copyright Infringement
  • Outcome: Settled pursuant to a confidential win-win settlement agreement.
  • Description: Defended copyright infringement case involving fabric design. Resolved the case via confidential settlement agreement. Opposing party was so impressed with the manner in which TKLG resolved the case, they later ended up retaining TKLG. How many firms can claim to make both their client and the opposing party happy.

RRLH, Inc. v. Golden Rain Foundation, Inc.

  • Practice Area: Trademark Infringement
  • Outcome: Settled pursuant to confidential settlement agreement.
  • Description: Defense of trademark infringement claims concerning LEISURE WORLD trademark; prosecution of counterclaims. Settled pursuant to a confidential settlement agreement after substantial preparation and just a few days before trial scheduled to begin.

RM Equipment, Inc. v. AEX, LLC dba Airsoft Extreme

  • Practice Area: Patent Infringement
  • Outcome: Settled pursuant to confidential settlement agreement.
  • Description: Defense of patent infringement claims concerning airsoft guns and accessories. Negotiated favorable settlement agreement on behalf of client.

Prolab Nutrition, Inc. v. NBTY, Inc. and Met-Rx Substrate Technology, Inc.

  • Practice Area: Trademark Infringement
  • Outcome: Settled pursuant to confidential settlement agreement.
  • Description: Prosecution of declaratory judgment action for non-infringement concerning MET-RX trademark; defense of counterclaims. Resolved via confidential settlement agreement.

Military Order of the Purple Heart v. Purple Heart Veterans Rehabilitation Services

  • Practice Area: Trademark Infringement
  • Outcome: Settled pursuant to confidential settlement agreement.
  • Description: Defended action for trademark infringement concerning PURPLE HEART trademark; prosecuted counterclaims for intentional interference with actual and prospective economic advantage.

Flip Skateboards, Inc. v. Absolute International PTY LTD

  • Practice Area: Trademark Infringement
  • Outcome: Settled pursuant to confidential agreement
  • Description: Trademark infringement lawsuit in Central District of California Federal Court.

Metasoft v. Global Operations and Development

  • Practice Area: Intellectual Property
  • Outcome: Settled Forcing Plaintiff to Pay All Costs and Attorney Fees
  • Description: Defended action by Canadian company against Orange County based non-profit corporation.

New Enchantment v. he Journey Spa & Wellness Center

  • Practice Area: Trademark Infringement
  • Outcome: Settled pursuant to a confidential settlement agreement
  • Description: Trademark infringement lawsuit.

Venvest Ballard v. Clockwork Home Services

  • Practice Area: Trademark Infringement
  • Outcome: Pending
  • Description: Federal declaratory judgment action for non-infringement of trademark, non-compete and unfair competition.

Clutch Masters v. eClutchMaster

  • Practice Area: Trademark Infringement
  • Outcome: Opposition granted, judgment for client, infringing application cancelled by Trademark Trial and Appeal Board.
  • Description: Opposition before the Trademark Trial and Appeal Board for a trademark application directed to a mark confusingly similar to my client’s trademark.

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  • Tel. : 949.216.3070
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  • Email : firm@tklglaw.com

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