Aaron Brian

What do you focus on?

Intellectual Property Litigation

Intellectual property is a primary concern for our clients in entertainment, fashion and technology. Disputes can arise over the ownership, infringement, licensing, misappropriation, and even theft of IP.  We have obtained great results for our clients because of our courtroom abilities, judgment and deep knowledge of our client’s industries. We recently obtained a favorable verdict that secured our client’s ownership in a hotly contested trademark. We’ve successfully defended numerous dubious claims of copyright infringement, having many dismissed by the court early in the litigation. In each of these cases, and others, we work closely with our clients to develop an efficient, compelling and pinpointed litigation strategy. 

Entertainment and Fashion

My team and I work closely with clients in the fashion and entertainment industry, handling their litigation needs as they arise, and also offering strategic advice as they grow from local start-ups and entrepreneurs into tomorrow’s national and international superstars. We represent individuals and companies across that spectrum, from writers and designers working out of their apartments to the largest fashion retailers in the world. Much of our work is helping clients with contracts, licensing, partnerships, intellectual property and publicity rights. 

Complex Commercial Litigation

I have broad experience representing individuals and businesses in complicated disputes involving breach of contract, unfair competition, professional negligence, partnership disputes and business separations. My experience extends across a variety of industries, including health care, consumer products, higher education, energy, transportation and environmental issues.

What do you see on the horizon?

I’m eager to see how advances in virtual reality impact the industries I work in, including entertainment, fashion, education and health care. I am also interested to see how courts will apply traditional notions of copyright, trademark and publicity rights to virtual reality technology and applications. 

Representative Experience

Recent Intellectual Property Experience

• Lead trial counsel in federal court case resulting in transfer of trademark to client and significant money judgment for a health care supplement company
• Co-chaired federal copyright trial on behalf of large clothing retailer that dealt with numerous novel issues and resulted in significant post-trial relief
• Obtained complete dismissal of copyright action against large clothing retailer

Recent Commercial Litigation Experience

• Second-chaired federal trial concerning disputed ownership of painting held by foreign museum
• Obtained summary judgment on behalf of Fortune 100 client in products liability claim
• Obtained complete success in client’s attempt to unlock cryptocurrency account to access and recover $540,000
• Obtained favorable resolution of claim for breach of contract for university client that was complicated by Department of Education regulations
• Obtained favorable resolution of federal court CERCLA action involving activities at the former Kaiser Steel plant in Fontana, California
• Obtained complete dismissal of claim for unfair trade practices, unfair competition and antitrust violation against jewelry designer
• Successfully petitioned to have infringing product removed from online shopping site to protect client’s innovative design
• Obtained complete dismissal, affirmed by the Ninth Circuit Court of Appeals, of False Claims Act case regarding interstate highway construction projects

Publications and Presentations

• Panelist, “Modern Day ADR,” State Bar of California, March 23, 2017, Webinar