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Mr. Gabriel's practice focuses on intellectual property litigation involving patent, trademark and copyright infringement, trade secrets, false advertising and right of publicity claims on trial court and appellate levels. He has substantial experience in handling antitrust, unfair competition, internet related and general business litigation matters for a variety of industries including software development, high tech components, manufacturing, consumer food products, newspaper publication, as well as investors and entrepreneurs.
Experience
Obtained favorable claims construction decision and summary judgment of no literal infringement on behalf of a major gaming industry client in connection with multi-million dollar patent infringement claims.
Obtained favorable arbitration award on behalf of art publishing client and rejecting artist's fraud and contract claims and awarding prevailing party's attorney fees and costs.
Obtained a writ and published opinion from the California Court of Appeals directing trial court to vacate reconsideration order and re-enter order granting summary judgment in favor of defendant newspaper client on multi-million dollar breach of contract claim arising from online advertising agreement.
Obtained a published opinion from the federal Ninth Circuit Court of Appeals directing the United States District Court to award in excess of $100,000 to client as monetary sanctions against an opposing law firm whose conduct caused improper litigation delay and expense.
Obtained summary judgment on behalf of a New Jersey bank client that had been sued in the United States District Court for fraud by borrowers that had sought to rescind a multi-million dollar loan transaction.
Obtained at trial and preserved on appeal, in a published opinion from the federal Ninth Circuit Court of Appeals, an injunction and one million dollar damage award for trademark infringement and unfair competition in favor of machine tool manufacturer client and against an importer of "knock-off" merchandise.
Obtained appellate relief on behalf of an insurance company client, in a published opinion from the California Court of Appeals, protecting its customer lists as trade secrets. The Court of Appeals ordered the entry of an injunction against a former employee prohibiting the solicitation of such customers and other use of trade secret information.
Obtained and preserved on appeal, in a published opinion from the federal Ninth Circuit Court of Appeals, summary judgment on behalf of client board member and investor in high tech start up company in class action securities fraud case.
Defeated preliminary injunction motion in trademark infringement action brought against golf company client and resolved action without payment of any monies.
Obtained summary judgment on behalf of insurer in bad faith coverage dispute.
Recovered in excess of $500,000 in settlement of client's sexual harassment claim and obtained dismissal of claims brought against victim by harasser.
Obtained jury verdict against former employees of client for trade secrets theft and unfair competition.
Publications
Co-Author of Trademarks," Chapter 6, Attorney's Guide to the Law of Competitive Business Practices, California Continuing Education of the Bar, 1991 (2nd Edition)"
Co-Author of Product Counterfeiting-Protection Under the Lanham Act Section 43(a)," Product Counterfeiting Remedies, Practicing Law Institute (1984)"
Awards
Named 2006 and 2007 Southern California Super Lawye.
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