Our Team

Kathy Bates counsels clients in patent, trademark, copyright,  domains and trade secret law for a wide range of industries. Kathy’s  practice encompasses worldwide trademark opposition and cancellation  proceedings, UDRP domain dispute proceedings, licensing, infringement  matters and patent, trademark and copyright litigation and  anti-counterfeiting.  She has extensive experience in a broad range of  sectors including sports-related technology and products, consumer  products, healthcare, software, fashion, telecommunications, financial  services, food and beverages and transportation systems.  Kathy is  registered to practice before the United States Patent and Trademark  Office, as well as many federal district and appellate courts.

Admissions:

California: United States Patent and Trademark Office

Practice Areas:

Emerging Growth and Venture Capital

Intellectual Property

Licensing

Patent Counseling

Sports Active Lifestyle

Trade Secrets

Trademarks and Copyrights

Intellectual Property Litigation:                                                                                                                                                   

• Managed hundreds of infringement litigation and counterfeit matters worldwide for a consumer product company.
• Represented a surf apparel company accused of trademark infringement  and successfully negotiated a settlement that benefited the client.
• Represented a photographer accused of copyright infringement by a post card company and obtained a favorable outcome.
• Represented a large insurance company accused of copyright  infringement and successfully negotiated a settlement that avoided  millions of dollars of exposure.
• Represented a sculpture company in a copyright infringement action and  obtained a favorable stipulated judgment for the client along with  damages and an injunction.
• Represented a foreign manufacturing company in a patent infringement  action related to a cheese packaging machine and negotiated a favorable  settlement.
• Represented a client making wind chimes accused of trade dress infringement action and prevailed.
• Represented clients on hundreds of matters before the Trademark Trial and Appeal Board.

Intellectual Property Counseling:

• Assisted in the development of a worldwide anti-counterfeiting strategy for a consumer product company.
• Counseled hundreds of clients regarding choice of brand names and developing successful brand protection strategies.
• Manage worldwide intellectual property portfolios for international clients.
• Prepared and reviewed license agreements for numerous clients.
• Handled numerous U.S. trademark matters for foreign clients. 
• American Intellectual Property Law Association
• Athena
• Federal Bar Association
• International Trademark Association
• Lawyers Club of San Diego
• Missionaries of Charity – Pro Bono Copyright Counsel
• San Diego County Bar Association – Intellectual Property Section
• San Diego Rotary Club – Young Adult Homeless Outreach Committee Co-Chair
• San Diego Volunteer Lawyers Program
• The San Diego Intellectual Property Law Association – Past President
• The State Bar of California – Intellectual Property Section

Brian  Salty counsels clients on matters pertaining to intellectual  property law and counseling, particularly handling domestic and  international representation in trademark, copyright and domain name  issues. Brian’s practice focuses on managing the intellectual property  portfolios for numerous companies in the areas of selection, clearance  and registration of trademark applications, enforcement of trademark,  trade name, trade dress, copyright, trade secret and unfair competition  litigation in federal court. He has extensive experience in handling  opposition and cancellation proceedings, domain name disputes, effective  dispute resolution and has knowledge of the legal and business issues  inherent in licensing transactions. Brian is admitted before the Supreme  Court of California, all California Courts, and the Southern and  Central U.S. District Courts.

Admissions:

California

Practice Areas:

Emerging Growth and Venture Capital

Health Care

Intellectual Property

Licensing

Sports and Active Lifestyle

Trade Secrets

Trademarks and Copyrights

Intellectual Property Litigation:

• Represents clients in infringement analysis, trademark litigation in  the Federal Courts, and in Oppositions and Cancellations before the  Trademark Trial and Appeal Board.
• Represents public company plaintiff in service mark infringement,  cyber-piracy and unfair competition action against unlawful use of marks  including use of marks as domain names.
• Defends trade dress, trademark and design patent infringement actions against manufacturers in Federal Court.
• Represents clients as plaintiff in software copyright infringement actions in Federal Court.
• Represents clients in seizure action against manufacturers,  distributors and retailers selling infringing video games, filed  concurrently in multiple districts of multiple states.
• Uses traditional trademark actions, the Federal Anticybersquatting  Consumer Protection Act and ICANN proceedings under the Uniform Domain  Name Dispute Resolution Policy to enjoin use of and compel the transfer  of domain names infringing registered trademarks.

Intellectual Property Counseling:

• Establishes intellectual property audits and programs for managing  trademark portfolios of many companies in diverse product areas, from  clothing to software and from telecommunications to entertainment and  digital media arts.
• Manages strategic trademark portfolios for clients, including  worldwide trademark monitoring to identify conflicting applications and  potential infringement, requiring enforcement action through active  network of foreign counsel to provide quick cost-effective action.
• Licenses and subsequent sales of a trademark to a major beverage company.
• Counsels franchisors in obtaining and maintaining portfolios of  intellectual property worldwide; drafted and obtained state approvals  for Uniform Franchise Offering Circulars (UFOC).
• Performs due diligence and transfer documentation in intellectual  property sales and acquisitions, including drafting of assignments and  licensing.
• Preparation of numerous agreements for website development, terms of  use, access, privacy policies, services, licensing and electronic  commerce.
• Negotiates and drafts numerous license agreements regarding the  intellectual property rights of both public and private companies. Broad  experience in drafting commercial agreements including: Non-Disclosure  and Non-Competition Agreements, Independent Contractor and Consultant  Agreements, Employee Agreements, Sales Representative Agreements,  Distribution Agreements, Dealer Agreements and Exclusive Dealing  Agreement