Education

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

Bar Admissions

  • California

Ben is a seasoned intellectual property and complex commercial litigator. In over a decade of handling hundreds of disputes for clients ranging from start-ups to established multi-nationals, he has pursued and defended claims in state and federal courts across a dozen states, international arbitration involving South America, Asia, the Middle East and Western Europe, and proceedings before the Trademark Trial & Appeal Board.  

Ben’s clients span the globe and a diverse range of industries, including apparel, consumer goods, life sciences, medical devices, real estate development and professional sports. He takes a precision approach to each case, tailoring the strategy to the unique issues to accomplish the most favorable results — whether through early summary judgment, baseball-style arbitration, trial, full appeal or other dispute-resolution tools.    

Ben is also an active participant in pro bono efforts, including achieving political asylum for a Syrian refugee and overturning on appeal a custody order that would have provided early access of a convicted sex offender to his children upon release from prison. He oversees the firm’s San Diego domestic violence prevention program. 

While obtaining his undergraduate degree, he was a member of his University’s national championship debate team. In addition to graduating top 3% in his class 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 Intellectual Property Matters

  • Developed and successfully pursued licensing, enforcement and monetization strategies for numerous IP owners
  • Obtained early summary judgment of non-infringement for medical device and defended through appeal in Michael Stern & Digiflo v. Sequal Techs., Inc., 493 Fed. Appx. 99 (Fed. Cir. 2012)
  • Developed and implemented strategy for clearing out federal trademark register of conflicting marks, as well as reclaiming trademark rights from underperforming international licensees, contributing to a sale of trademark rights for over $30 million and triple the client’s acquisition costs
  • Managed international trademark registration and protection strategy for popular video-game developer
  • Obtained TRO and preliminary injunction against cybersquatter preventing fraud on public in connection with client’s initial coin offering in Orchid Labs, Inc., 2:18-cv-00582 (D. Az.)
  • 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
  • Judgment for maximum statutory damages award in Internet Matrix v. Veterinary Website Designers, 12CV2746-CAB (S.D. Cal.) for cybersquatting, trademark infringement, and unfair competition
  • 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 jury trial concerning trademark infringement and unfair competition, obtaining favorable settlement
  • Represented New Name, Inc. against Disney Enterprises, Inc., regarding trademark and copyright infringement, obtaining a favorable settlement
  • Represented Yahoo, Inc. in a trademark infringement and breach of contract dispute with a former licensee, obtaining a favorable settlement
  • Represented BBTV (owner of largest television station in Thailand) in connection with successful appeal of large U.S. copyright and trademark infringement judgment against ex-licensee and its executives.
  • Sued ex-distributor and movie studio for copyright infringement for Busted Tranny related to unauthorized distribution of cult-classic movie.
  • Currently representing IMA Pizza in copyright and trademark infringement action including claims for unauthorized copying and impersonation of well-known restaurant franchise’s photographs and interior designs to launch competing restaurant.
  • Represent LG Household & Health Care in obtaining favorable settlement with author over product commercial that utilized similar storyline to author’s viral video.
  • Represented Stephen Slesinger, Inc. in obtaining landmark summary judgment rejecting attempt of heirs to E.H. Shepard and Disney’s attempt to terminate copyright agreement covering use of original Winnie-the-Pooh artwork.

Representative Complex Commercial Litigation Matters

  • Lead attorney in case successfully dismissed on summary judgment in DPR Constr. v. Shire Regenerative Med., Inc., 2016 U.S. Dist. LEXIS 133617 (S.D. Cal. Aug. 29, 2016), defeating claim to unpaid contractor fees on over $100 million in cancelled construction
  • Obtained $20 million arbitration award for alter ego liability against CEO of Westinghouse Digital Enterprises, and successfully obtained finding of non-dischargeability in subsequent bankruptcy proceedings
  • Represented international pet food ingredient supplier Feed.ing BV in a breach of contract suit, successfully obtaining a $12 million early summary judgment for contract damages under the UCC
  • Lead attorney in successful arbitration award rejecting breach of fiduciary duty, contract and fraud claims asserted against Bebe apparel supplier by former business partner
  • Obtained dismissal of client on motion to dismiss without leave to amend on first ruling of court, rejecting claims based on assertion that client was de facto manager of LLC

Recognitions & Awards  

  • Southern California Super Lawyers Rising Star: Litigation (2015 - 2016) & IP Litigation (2017 - 2018)
  • 2013 Top Attorney, IP Litigation Semi-Finalist, San Diego Daily Transcript
  • Pro Bono Publico / Attorney of the Year Award, San Diego Volunteer Lawyer Program (2013) 
  • San Diego Daily Transcript Young Attorney (2010)
  • Order of the Coif

Professional & Community Involvement

  • PLNU Business Alumni President (2014 - 2016) and Immediate Past President (2017)
  • Board Member, Business Alumni, Point Loma Nazarene University
  • Enright Inn of Court (2012 - 2015)
  • Past Director & Exec. Committee, Federal Bar Association, San Diego Chapter (2010 - 2015)
  • Past member, Federal Bar Association National Task Force on Law School Outreach