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Eric Ball

Partner, Litigation  

Mountain View 650.335.7635

Overview

Eric’s collaborative, 360˚-approach and astute business instincts help both startups and established companies protect, control, and build their most important asset—their name, trademark or brand. His national and international successes include decisive victories—often resolved before litigation or trial—for clients such as Peloton, Uber, Delphix and multiple gaming industry companies. Eric also has experience running trademark enforcement and policing programs, including for Intel, Twitter and The American Legion.

Additionally, Eric maintains an active pro bono practice, seeking out clients who are actively involved in supporting gender equality issues.

In trademark matters, Eric has successfully defended and prosecuted multiple trademark litigations and Trademark Trial and Appeal Board proceedings, with an emphasis on priority disputes and matters asserting reverse confusion against quickly expanding startups or viral marketing campaigns.

Eric also has significant international trademark experience including in the European Union 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.

Regarded as a thought leader within his discipline, Eric is regularly quoted and has been published in leading national and legal publications including Law360, Bloomberg BNA, The Daily Journal and Corporate Counsel. He 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.

Recent Recognitions:

  • The Legal 500 recognized Eric for Trademarks: Litigation (2019, 2018)
  • World Trademark Review 1000 called Eric a “rising star…who is really switched on to market developments.” (2019, 2018, 2017 editions)
  • Silicon Valley Business Journal named Eric to its 40 Under 40 list of standout professionals (2016)
  • JD Supra honored Eric with the annual Readers’ Choice Award, recognizing him for thought leadership in the trademark space (2017 body of published work)

Eric has a consistent success record in all types of trademark, copyright and other commercial disputes and has won multiple precedential decisions before the Trademark Trial and Appeal Board.

Representative Experience:

  • 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 U.S. 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
  • Turned the opposing party’s claims on their head and 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 an e-commerce company’s use of its trademark and trade name against a well-funded plaintiff’s claims of trademark infringement and dilution
  • Represented a gaming company in a widely followed copyright infringement suit against competitor toy company involving cloning of a popular mobile puzzle game, which resulted 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, successfully arguing that our client’s copyright had been infringed

Representative Pro Bono Experience:

  • Successfully defended 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 the nation’s first gender neutral Frarority against trademark infringement and unfair competition claims
  • Successfully obtained trademark registration 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