Carlo F. Bustillos

My focus

TRADEMARK, COPYRIGHT, TRADE SECRETS

I focus on representing clients in high-stakes federal district court cases and enforcement actions before the USPTO Trademark Trial and Appeal Board (TTAB). My exposure to multiple phases of litigation allows me to effectively assist partners and counsel with the day-to-day lifecycle of intellectual property disputes. Prior to joining Nixon Peabody, I worked at an international law firm where I was a member of a trial team that secured a $14.5 million judgment following a vigorously contested jury trial in the Northern District of California on trademark infringement grounds.

False advertising, anti-counterfeiting, unfair competition

I litigate cases involving unfair competition and trade practice matters, with a particular emphasis on false advertising and intellectual property counterfeiting. My experience in these areas results from representing companies ranging from global leaders in the fashion industry to U.S.-based manufacturers of consumer goods.

IP counseling and management

In addition to litigating IP disputes, I counsel businesses in developing their intellectual property portfolios through hands-on engagement with multi-disciplinary teams in patent mining workshops. My work in this area has resulted in the expansion of several clients’ patent portfolios—including the creation of multiple software patents where I am a named inventor.

Representative experience

* representative experience includes representations from a prior firm.

• Member of team that secured dismissal of all claims in consumer class action, including false advertising claims alleging “greenwashing” of H&M’s “Conscious Choice" product line. Lizama et al. v. H&M Hennes & Mauritz LP (E.D. MO)
• Represent Chinese multinational technology company specializing in e-commerce, retail, Internet, and technology in multiple proceedings before the Trademark Trial and Appeal Board.
• Manage domestic and international trademark portfolios and enforcement programs for food and beverage companies, iconic golf brands, a luxury bed and mattress company, and up-and-coming consumer goods brands.
• Member of a trial team that secured a $15 million judgment for a Singaporean technology hardware manufacturer following a jury trial in the Northern District of California on trademark infringement, unfair competition, and breach of contract claims.*

Looking ahead

The rapid development and increasing accessibility of artificial intelligence and blockchain-based technologies will reshape the intellectual property landscape in the United States and abroad. Now more than ever, businesses and innovators should have a clear picture of how to continue benefitting from our IP laws to protect and monetize their most prized assets.