Eric Ball focuses his practice on trademark litigation and Trademark Trial and Appeal Board disputes. He also has substantial experience in trade secret, copyright and complex commercial litigation matters.
In trademark matters, Eric has successfully defended and prosecuted multiple trademark litigations and Trademark Trial and Appeal Board proceedings with a particular emphasis on priority disputes and matters asserting reverse confusion. Eric also has significant international trademark experience including in the EU and key Asian and Latin American markets. With this experience he has successfully defended multiple gaming, eSports and social media companies—both startups and established companies—in international trademark disputes allowing for their international expansion.
In the copyright arena, Eric has represented multiple clients in DMCA and CDA 230 disputes, and app store takedowns. He also advises games clients on copyright and right of publicity issues before launching a game. And he regularly represents startup and games clients in litigation when they face copyright infringement claims.
Eric has been quoted and published in leading national and legal publications including Law360, Bloomberg BNA, The Daily Journal and Corporate Counsel. Eric has also presented on trademark and legal ethics to organizations like Today’s General Counsel, Silicon Valley Intellectual Property Law Association and the Bar Association of San Francisco. World Trademark Review 1000 recognizes Eric among California’s leading trademark litigators, and Silicon Valley Business Journal honored him on their 40 under 40 list of valley professionals. He has also been recognized for his work in trademark litigation by The Legal 500.
- Obtained a decisive victory for Peloton in a trademark infringement suit brought by Move Press, publisher of a cycling publication called Peloton Magazine, in the Central District of California, winning summary judgment on the grounds that the equitable doctrine of laches barred plaintiff’s claims in their entirety.
- Won multiple precedential decisions in the Trademark Trial and Appeal Board:
- A summary judgment decision dismissing fraud and false connection claims.
- A summary judgment decision rejecting claim preclusion.
- Represented Google before the Trademark Trial and Appeal Board, where he won on summary judgment with the Board refusing registration of the "FUNTOOGLE" mark.
- Won a permanent injunction and the transfer of twenty-five domain names against a telecommunications company because of their trademark and ACPA infringement spanning three continents.
- Won a summary judgment and an injunction finding a likelihood of confusion against the other side even though the client was originally accused of being the infringer.
- Won a summary judgment on trade secret claims against a social media company where the plaintiff alleged ownership of the client’s social networking concept.
- Won a motion to dismiss rejecting multiple common law tort claims and a B&P 17200 claim in an ownership dispute over IP rights.
- Successfully defended, pro bono, a girl-empowerment company against right of publicity and trademark infringement claims, allowing the company to continue to pursue its mission under the same trademark.
- Successfully defended, pro bono, the nation’s first gender-neutral Frarority against trademark infringement and unfair competition claims.
- Successfully obtained trademark registration, pro bono, for Berkeley Law’s Women in Tech Law, a student-led organization that strives to recruit, support and empower women who are interested in pursuing technology law.
- Successfully defended an e-commerce company’s use of its trademark and trade name against a well-funded plaintiff’s claims of trademark infringement and dilution.
- Extensive experience running trademark enforcement and policing programs, including for Intel Corporation, Twitter, Inc. and The American Legion.
- Represented a gaming company in a widely followed copyright infringement suit against competitor toy company involving cloning of a popular mobile puzzle game. The matter ended with the toy company taking down the game.
- Represented two founders against another founder and former executive in a dispute involving defamation claims. The court dismissed the former executive’s claims and issued an order against the former executive prohibiting him from making any defamatory statements.
- Represented an entertainment startup against a well-funded Los Angeles-based entertainment company in a copyright infringement dispute. He successfully argued that our client’s copyright had been infringed.