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Brian Patrick Kinder
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Brian Patrick Kinder

Practice areas:

Trademark Infringement, Trademark Application, Franchising

About Me

Brian P. Kinder is managing partner of The Kinder Law Group, APC.  He specializes in Intellectual Property ("IP") and is one of only a handful of Southern California attorneys who have been honored as Super Lawyers®, Rising Stars in this area of the law.  For more than a decade, he has helped his clients to develop and protect their valuable IP rights throughout the world and is well-versed in both domestic and international patent, trademark, copyright, trade secret, false advertising and franchise laws. 


On the development side of his practice (i.e., transactional work), Mr. Kinder focuses on assisting clients in safely promoting and selling their products and services across the globe.  He oversees and counsels clients on trademark clearance searches as well as the preparation and filing of patent, trademark and copyright applications with the U.S. Patent and Trademark Office (U.S.P.T.O.) and Copyright Office.  Over the course of his career, Mr. Kinder has not only handled broad domestic trademark registration portfolios, but has also been involved with some of the largest brand campaigns in the world - spanning more than 120 countries across the globe.  Mr. Kinder regularly drafts and negotiates license agreements, work for hire agreements, athlete endorsements, model releases, web site use policies, and trade secret protection policies and procedures.



On the protection side of his practice (i.e., litigation), Mr. Kinder has extensive experience in successfully defending and prosecuting disputes before various federal and state courts, the Trademark Trial and Appeals Board (T.T.A.B.) in Washington, D.C., and the World Intellectual Property Organization (WIPO) in Geneva, Switzerland.  Throughout numerous patent, trademark and copyright infringement cases, false advertising and unfair competition claims, misappropriation of trade secrets, and franchise disputes, Mr. Kinder has employed the effective use of discovery and motion practice to identify the strengths of his client's case while simultaneously exposing the weaknesses of his opposition.  These tactics have, in most instances, allowed Mr. Kinder to successfully negotiate settlement agreements for his clients without the time and expense of a full trial.  In those instances where trial is necessary, however, Mr. Kinder is a skilled trial lawyer who has obtained millions of dollars in arbitration awards and jury verdicts.  Recently, as lead trial counsel in a nearly month-long jury trial, Mr. Kinder earned a place among an exceedingly rare category of attorneys who have obtained punitive damage awards in franchise cases.

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Photos and Videos

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Practice Areas

Licensed since 2001

  1. Trademark Application: 40%
    16 years, 1.29 thousand cases
  2. Trademark Infringement: 40%
    16 years, 123 cases
  3. Franchising: 20%
    16 years, 33 cases

Payment

Fees:

Hourly ($295/hour), Free Consultation (30 minutes)

Payment Types:

Cash, Check, Credit Card

Attorney Endorsements

7 total 

  • David M Haghighi

    I know Brian since law school and he is a top notch attorney.

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    David Haghighi Immigration Attorney
    Relationship: Fellow lawyer in community

  • No photo

    Brian is a ferocious fighter for his clients, yet courteous. He has a tremendous grasp of not just the law, but of common sense as well. I doubt whether counsel opposing him would ever find their job very easy.

    More 

    David Kadin Personal Injury Attorney
    Relationship: Worked together on matter

Contact Info

The Kinder Law Group, APC

19200 Von Karman, Fourth Floor
Irvine, CA, 92612

Resume

License

StateStatusAcquiredUpdated
CAActive200105/20/2015

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.

Avvo Contributions

Legal Answers

Awards

Award NameGrantorDate Granted
2014 Top Trademark FirmIP Today2014
Top LawyerOC Metro Magazine2013
2013 Top Trademark FirmIP Today2013
Super Lawyer Rising StarSuper Lawyers of Southern California2008
Who's Who in American LawWho's Who In American Law2007
City AppreciationLong Beach Bar Association2006
Who's Who in American LawWho's Who In American Law2005
Dean's ListSouthwestern University School of Law2000
EvidenceCALI Excellence for the Future Award1999
CALI Excellence for the Future Award EvidenceSouthwestern University School of Law1999
Dean's ListSouthwestern University School of Law1999
Alternate Dispute ResolutionCALI Excellence for the Future Award (Highest Exam Score)1998
Dean's ListSouthwestern University School of Law1998
Copyright LawCALI Excellence for the Future Award (Highest Exam Score)1998
Dean's ListSouthwestern University School of Law1997
Dean's ListSouthwestern University School of Law1996
Intellectual PropertyOC MetroN/A

Work Experience

TitleCompany NameDuration
AttorneyThe Kinder Law Group2011 - Present
AttorneyHKC2007 - 2011
AssociateFOLEY & LARDNER LLP2005 - 2007
AttorneyFulwider Patton Lee & Utecht2000 - 2005

Associations

Association NamePosition NameDuration
SMHABoard of Directors2011 - Present
Orange County Bar AssociationMember2005 - Present
Long Beach BarristersPresident2003 - 2003
Long Beach Bar AssociationBoard Member2003 - 2003
Long Beach BarristersSecretary2002 - 2002
Long Beach BarristersMember2000 - 2005
Long Beach Bar AssociationMember2000 - 2005
International Trademark AssociationMember2000 - Present
State Bar of California, Intellectual Property Law SectionMember2000 - Present
Southwestern Law ReviewAssociate Editor1998 - 2000
Southwestern Law ReviewMember1997 - 2000

Legal Cases

Case NameOutcome
Huff Flanders, Inc. v. Aussie Pet Mobile, Inc.Obtained award valued at over $750k.
Peter O'Colmain v. Aussie Pet Mobile, Inc.Obtained nearly three-quarters of a million dollar judgment with $425k in punitive damages.
RRLH, Inc. v. Golden Rain Foundation, Inc.Settled pursuant to confidential settlement agreement.

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Publications

Publication NameTitleDate
The Kinder Law GroupWhen is an Alteration a "Material" Alteration2013
Los Angeles LawyerGood Marksmanship: New Technologies Require The Implementation of Creative Trademark StrategiesN/A
Pending publicationCommon Mistakes Businesses Make When Filing U.S. Trademark ApplicationsN/A

Education

School NameMajorDegreeGraduated
Southwestern University School of LawWith Honors Cum Laude (Top 10%)JD - Juris Doctor2000
Southwestern Univ SOLlawlaw2000
California St Univ FullertonBusiness Administrationundergraduate1996

Speaking Engagements

Conference NameTitleDate
WebinarWhen is an Alteration a "Material" Alteration2013
WebinarTrademarks + Copyrights = Brand Protection2011
WebinarEnforcing Your Intellectual Property2010
WebinarTime to Take Care of Your Intellectual Property2009
Action Sports Retailers ExpoTaking Your Brand to the Next Level2009
Action Sports Retailers ExpoEnforcement of Intellectual Property2009
Action Sports Retailers ExpoRegistering, Defending & Enforcing Your Brand2008
Action Sports Retailers ExpoTaking Your Brand to the Next Level2008