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Ben L. Wagner

Associate vCard
San Diego
858.314.1512
Los Angeles
310.586.3200



Education

  • University of San Diego (JD, 2005)
  • Point Loma Nazarene University (BA, Therapeutic & Community Psychology; Industrial-Organizational Psychology, 2003)

Bar Admissions

  • California

Ben’s practice is focused on patent, trademark, false advertising and copyright litigation. He also handles other complex litigation, unfair business practices, and real estate disputes. In addition, Ben prosecutes trademarks before the US Patent & Trademark Office.

His litigation experience includes trademark infringement, including licensing disputes, trademark and patent enforcement programs, Internet-use disputes, competitor disputes, and international trademark disputes; copyright infringement, including software disputes, website content disputes, and disputes over rights in literary and artistic works; and complex commercial litigation, including telecommunications disputes and commercial real estate disputes.

He is an active participant in Mintz Levin’s pro bono efforts; in addition to being a member of the firm’s Pro Bono Committee, Ben oversees and participates in the San Diego office’s domestic violence program, and has successfully represented pro bono clients in the areas of political asylum and social security disability benefits. 

Before joining Mintz Levin, Ben was an associate in the commercial litigation section of another San Diego-area law firm. As an undergraduate, he was a member of the Point Loma Nazarene University’s national championship debate team. While in law school, Ben was an extern for the Honorable Larry A. Burns of the US District Court for the Southern District of California, an intern for the Honorable Linda B. Quinn of the San Diego Superior Court, and a member of the San Diego Law Review.

Representative Matters

  • Successfully obtained preliminary injunction in Crossfit, Inc. v. Maximum Human Performance, LLC, 2013 U.S. Dist. LEXIS 53676 (S.D. Cal. Apr. 12, 2013) prohibiting specified uses of “X-Fit” by MHP based on claims of trademark infringement and dilution of a famous mark
  • Obtained judgment for client and maximum statutory damages award in Internet Matrix v. Veterinary Website Designers, 12CV2746-CAB (S.D. Cal.) for cybersquatting, trademark infringement, and unfair competition
  • Regularly represents clients in protecting their trademarks, copyrights, and patents, including Pony, Inc., Shawne Merriman, Unite Eurotherapy, Zipbuds, and Outlook Amusements, Inc. This includes international trademark licensing disputes, policing and enforcement programs, infringement suits in federal court, domain name arbitration, and opposition and cancellation proceedings before the TTAB.  Results include numerous arbitration awards against former trademark licensees, significant damages awards and settlements, and the transfer of domain names
  • Represented Stephen Slesinger, Inc. regarding rights to the Winnie-the-Pooh characters against the Walt Disney Company, obtaining summary judgment against Disney
  • Represented Angles BeautyCare Group, Inc. in a jury trial concerning trademark infringement and unfair competition, obtaining a favorable settlement
  • Development and continued implementation of intellectual property procedures for Fidelity Life of Chicago and lifestory.com, including right of publicity, trademark, and DMCA copyright policies and compliance
  • Represented New Name, Inc. against Disney Enterprises, Inc., regarding trademark and copyright infringement, obtaining a favorable settlement
  • Represented New Name, Inc. against Total Enterprises, Inc., regarding a trademark infringement dispute with the manufacturer, obtaining a favorable settlement
  • Represented Yahoo, Inc. in a trademark infringement and breach of contract dispute with a former licensee, obtaining a favorable settlement
  • Prosecuted multiple trademark applications before the US Patent & Trademark Office, including successfully overcoming office action on grounds of likelihood of confusion

Recognitions & Awards  

  • Pro Bono Publico Award, San Diego Volunteer Lawyer Program (2013) 
  • San Diego Daily Transcript Young Attorney (2010)
  • Order of the Coif

Professional & Community Involvement

  • Board Member, Business Alumni, Point Loma Nazarene University
  • Member, Federal Bar Association San Diego Chapter Executive Committee and YLD
  • Membership Chair, Federal Bar Association San Diego Chapter
  • Past member, Federal Bar Association National Task Force on Law School Outreach
  • Member, Enright Inn of Court