Representative Clients

Falcon Studios (San Francisco, California)

CMC Magnetics Corporation (Taipei, Taiwan)

Suntrek Tours, Ltd. (Santa Rosa, California and Zurich, Switzerland)

Varian, Inc. (Palo Alto, California)

IP Infusion, Inc. (San Jose, California)

Dr. Matthias Rath (Almelo, Netherlands)

United Commercial Bank (San Francisco, California)

Super Micro Computers, Inc. (San Jose, California)

Bear River Associates, Inc. (Oakland, California)

Recent Accomplishments on Behalf of Clients

Some of Roy’s more notable legal accomplishments are the following:

      -     prepared and finalized software development agreement for a prominent Bay Area marketing incentive company

-      successfully registered as a certification mark the name of a breed of a dog, which had apparently never before been accomplished at the U.S. Trademark Office, which flowed from a dispute between a dog owners’ association that needed to force a “rogue” breeder from not following the associations’ strict guidelines on the breed’s standard – a Federal Court lawsuit was settled on terms favorable to the dog owners’ association

-       as lead defense counsel, favorably settled a federal court lawsuit brought by major home products company in California, represented by one of the West Coast’s largest full service firms, that sought to force the client to stop using approximately nine of its marks in the U.S. and various foreign jurisdictions

-       successfully registered for a well-known San Francisco and Beverly Hills restaurant a mark that the Trademark Office had deemed “merely descriptive” and that the client's previous counsel had not been able to register for the client

-       won a dismissal on a motion  for summary judgment before the Trademark Trial & Appeal Board in a trademark opposition proceeding brought by Red Hat Software Corporation, a public company based in North Carolina

-      successfully negotiated with in-house counsel for a nation-wide US retailer on behalf of an architecture firm client an intellectual property rights agreement that preserved important intellectual property rights for the client

-       settled a Federal Court litigation for a client for a fraction of the amount of money sought by Corbis Corporation (an affiliate of Microsoft) in a copyright lawsuit involving rights in a photograph of Timothy Leary

 -    prepared a website and portal development agreement for a San Francisco entertainment video company 

      -     succeeded in having certain documents filed under seal in a copyright class action be opened under the First Amendment to journalist investigating the class action procedures 

            this case was handled on a pro bono basis

Published Cases of Interest

In re Rath, 402 F.3d 1207 (Court of Appeals for Federal Circuit 2005)

Jarritos, Inc. v. Los Jarritos, 2007 WL1302506 (N.D. Cal. May 2, 2007); 2007 U.S. Dist. LEXIS 32245)

American Pioneer Tours, Inc. v. Suntrek Tours, Ltd and Suntrek Tours, Inc., 46 U.S.P.Q. 2d 1779 (1998) / 1998 U.S. Dist. LEXIS 1527, Southern District of New York

Red Hat, Inc. v. CMC Magnetics Corp. Ltd., 2000 TTAB LEXIS 767, Trademark Trial and Appeal Board

Jackson v. Sturkie, 255 F. Supp. 2d 1096 (N.D. Cal. 2003)