Ciara Mittan is an associate in the firm’s Intellectual Property & Commercial Litigation Group. She focuses her practice on business and intellectual property litigation matters to support clients in the technology space, with an emphasis on trademark and copyright matters and complex commercial disputes.
Ciara has experience handling disputes at all stages, including pre-litigation negotiations and maintenance of a trademark enforcement program for a large technology company, as well as discovery and dispositive motion practice in both state and federal court. Ciara also has significant pre-trial experience and has gone to jury trial in federal court. She has experience with trademark disputes that have components in both federal court and before the Trademark Trial and Appeal Board. In 2016, Ciara worked on an amicus brief in support of Apple regarding the FBI’s motion to compel assistance to obtain data on an encrypted mobile device.
Ciara received her J.D. from the University of California, Berkeley, School of Law in 2013. During law school, Ciara served as Co-Chair of the Berkeley Law Board of Advocates and was a member of the Berkeley Law Mock Trial Team and competed as a regional champion at the national level. Ciara also served on the Editorial Board of the Berkeley Technology Law Journal. Additionally, Ciara served as a Judicial Extern to the Honorable Ronald M. Whyte for the United States District Court for the Northern District of California. She received her B.A., with distinction, in rhetoric from the University of California, Berkeley in 2009.
Fitbug, Ltd. v. Fitbit, Inc.: Ciara and her colleagues Andrew P. Bridges, Jedediah Wakefield, Todd Gregorian, defended wearable technology company Fitbit in trademark infringement suit brought by Fitbug Limited in the U.S. District Court for the Northern District of California. The team won summary judgment on all of plaintiff’s claims on laches grounds.
Columbia Data Products v. Autonomy Corporation Limited: Ciara and a team led by partners Laurence Pulgram and Rodger Cole were retained by Hewlett-Packard Company (HP) after the close of discovery to try a copyright infringement case pending against HP subsidiary Autonomy. Plaintiff Columbia Data Products sought tens of millions of dollars in royalties it claimed it was owed under a license agreement with Connected Corporation, which was subsequently acquired by an Iron Mountain entity and then by Autonomy. After the team filed summary judgment motions, the case settled on the eve of the pre-trial proceedings.
Kardashian v. Hurley: Ciara and her colleagues Rodger Cole and Songmee Connolly represented YouTube co-founder Chad Hurley and his new company MixBit against claims brought by Kim Kardashian and Kanye West in a Los Angeles County Superior Court case alleging that Hurley violated a non-disclosure agreement by posting to MixBit a video of the couple’s marriage proposal. The lawsuit claimed that the breach of the alleged agreement substantially diminished the value of the event, which was filmed for broadcast on the E! Entertainment Television show “Keeping Up With the Kardashians.” The high-profile case attracted significant international media attention and resolved short of trial.
Haskins v. Symantec: Ciara joined her colleagues Laurence Pulgram and Tyler Newby to defend Symantec on appeal where the team won dismissal on the pleadings in the district court of a putative class action asserting false advertising and unfair competition claims based on Symantec’s failure to disclose a security breach that allegedly exposed source code for Norton Anti-Virus software. The district court decision established a new standard for determining necessity of allegation that a plaintiff actually saw and relied upon purportedly false ads. The Ninth Circuit affirmed in 2016.