Infringement / Trade Secret Litigation
The Law Offices of James G. Schwartz has an established record of favorable client outcomes in intellectual property infringement and tradesecrets litigation. We are aggressive in enforcement and effective in pursuit of damages for misuse or misappropriation. We also defend clients against unfounded claims by competitors.
Based in Pleasanton, we represent businesses in Alameda County, the greater Bay Area and Northern California. Founding attorney and senior partner Jim Schwartz is a renowned trial lawyer with 30 years of experience in business law and civil litigation, including notable cases involving theft of trade secrets.Copyrights, Trademarks and Patents
We have represented clients in all sectors, from software developers and service companies to manufacturers and distributors of hard goods, in cases involving:
- Copyright infringement
- Trademark infringement
- Patent infringement
- Breach of software licensing and distribution agreements
- Franchise agreement disputes
We explore all avenues to protect intellectual property rights, including cease-and-desist letters, court injunctions, arbitration and lawsuits in state or federal court. We are aggressive but sensitive to the cost-benefit of legal action and always alert for solutions short of full-scale litigation.
- Our client owned a trademark "Alpha Male" for sports apparel that was co-opted by popular "extreme fighter" Urijah Faber. The case began with a demand to cease and desist, but ultimately ended in selling Faber the "Team Alpha Male" trademark rights for a mutually agreeable sum.
- Our client was a venture capitalist who put up money for development of a product prototype. When the inventor reneged on the contract, we sued and obtained both the prototype and full patent rights at a pre-trial settlement conference.
In the movies, corporate spies are dead-of-night thieves. In real life, current and former employees hand over insider information to competitors in broad daylight. Jim Schwartz has prevailed in numerous trade secrets lawsuits for misappropriation of source code, technologies, financial information, business strategies or other sensitive information that provides the competition with a tangible advantage.
These cases commonly center on breach of a confidentiality agreement, as when a key employee is hired away or a group of employees tries to split off. In other cases, it stems from a software licensee who misappropriates the source code or re-licenses that technology to a third party without authorization.
- Our client's construction company was underbid by a competitor. We proved that an employee of our client had funneled confidential bid information to help his buddy submit a rival bid. We sued under the Trade Secrets Act and obtained joint and several liability for willful and malicious misappropriation of trade secret information, damages for lost profits and punitive damages against the disloyal employee, his friend's contracting business.
Contact Jim Schwartz to discuss legal recourse for your situation.