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Brian Patrick Kinder

Trademark infringement Attorney at Irvine, CA

5.0   5 reviews
  • Licensed for 22 years
    State CA
    Acquired 2001
    Status
    Active No misconduct found

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

About Brian

Learn Brian’s areas of practice.

3
Practice areas
  1. Trademark application
    40%
    Has handled trademark applications in over 120 countries around the world.

    24 years, 1,285 cases

  2. Trademark infringement
    40%
    Defend and enforce trademark rights in Federal Court and before the Trademark Office Trademark Trial and Appeal Board through oppositions and cancellations; defend and enforce domain name, keyword, adword infringement on the internet.

    24 years, 123 cases

  3. Franchising
    20%
    All aspects of franchising including, prosecuting and defending arbitration and lawsuits in franchise disputes.

    24 years, 33 cases

Brian P. Kinder is managing partner of The Kinder Law Group, APC.  He practices exclusively in the field of 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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Contact Brian

Similar lawyers nearby

The Kinder Law Group, APC
19200 Von Karman, Fourth Floor
Irvine, CA, 92612

Reviews

5.0 / 5.0
  5 customer reviews
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Posted by Deborah | January 31, 2013
Brian Patrick Kinder, review of lawyer
Brian's intelligence, integrity, and perseverance are unmatched. He is consistently on target; he is talented beyond anything you could imagine. Incredibly sharp, results driven, tenacious. I am so thankful to have met him!
Posted by Mark | January 27, 2013
Exceptional Attorney
Brian has an exceptional intellect and knowledge, I have had the privilege to work with Brian on several endeavors, and I truly value his high quality professional attitude and advice.
Posted by Krista | August 16, 2012
Honest, Fair, Extremely Knowledgable & Organized TM Attorney!
I have worked with Brian Kinder since 2008 when I heard him give a talk on TM pitfalls. His knowledge is complimented by honesty, fairness and organization. I've never had a lawyer that I looked forward to talking with and would invite to my family parties I don't worry about the bill I'm going to get hit with like I do with other attorneys. A joy to work with!
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Posted by Scott | May 5, 2012
He gives lawyers a good name!
When I first spoke with Brian I was struck at how professional, courteous, knowledgeable and bright he sounded. Those initial impressions have proven to be very accurate as he has successfully represented me over time. Brian is a tireless, relentless advocate who always kept my best interests the priority. His depth of knowledge and ability to analyze the situation from all angles always impressed me. Brian is easy to work with and relate to. Exceptional intelligence without the arrogance! An honest, straight-arrow.
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Posted by Deborah | May 2, 2012
A+ in every aspect!
Brian is a unique individual; he is passionate about what he does and he ALWAYS does what is best for his client, that aside, he is incredibly knowledgeable. I trust Brian implicitly, and of those I know who have worked with him, 100% feel the same way. I do not know what I would have done had I not met him, and am so thankful that I have. It is my pleasure to write this recommendation for Brian, and I do so without reservation and with the utmost sincerity.
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Cost

Rates
  • Free Consultation 30 minutes
  • Hourly Rates $ 350-350 per hour
Payment methods
Cash, Check, Credit Card

Resume

AVVO RATING 10.0 (Superb)

Work Experience

  • Attorney
  • The Kinder Law Group
  • 2011 - Present
  • Attorney
  • HKC
  • 2007 - 2011
  • Associate
  • FOLEY & LARDNER LLP
  • 2005 - 2007
  • Attorney
  • Fulwider Patton Lee & Utecht
  • 2000 - 2005
View all work experience

Education

  • Pepperdine University School of Law
  • Certificate of Completion
  • 2015
  • Southwestern University School of Law
  • JD - Juris Doctor
  • 2000
  • Southwestern Univ SOL
  • law
  • 2000
  • California St Univ Fullerton
  • undergraduate
  • 1996
View all education

Legal Cases

  • Nova-Ortho Medical v. Farinpour
  • pending
  • Structural Plastics v. Sam Pievac Company
  • Pending
  • Primarily merely a surname refusal
  • Refusal reversed and application approved for publication.
View all legal cases

Associations

  • SMHA
  • Board of Directors
  • 2011 - Present
  • Orange County Bar Association
  • Member
  • 2005 - Present
  • International Trademark Association
  • Member
  • 2000 - Present
  • State Bar of California, Intellectual Property Law Section
  • Member
  • 2000 - Present
  • Long Beach Barristers
  • President
  • 2003 - 2003
  • Long Beach Bar Association
  • Board Member
  • 2003 - 2003
  • Long Beach Barristers
  • Secretary
  • 2002 - 2002
  • Long Beach Bar Association
  • Member
  • 2000 - 2005
  • Long Beach Barristers
  • Member
  • 2000 - 2005
  • Southwestern Law Review
  • Associate Editor
  • 1998 - 2000
  • Southwestern Law Review
  • Member
  • 1997 - 2000
View all associations

Languages Spoken

  • English

Honors and Awards

  • 2015 Top Trademark Firm
  • IP Today
  • 2015
  • 2014 Top Trademark Firm
  • IP Today
  • 2014
  • 2013 Top Trademark Firm
  • IP Today
  • 2013
  • Top Lawyer
  • OC Metro Magazine
  • 2013
  • Super Lawyer Rising Star
  • Super Lawyers of Southern California
  • 2008
  • Who's Who in American Law
  • Who's Who In American Law
  • 2007
  • City Appreciation
  • Long Beach Bar Association
  • 2006
  • Who's Who in American Law
  • Who's Who In American Law
  • 2005
  • Dean's List
  • Southwestern University School of Law
  • 2000
  • CALI Excellence for the Future Award Evidence
  • Southwestern University School of Law
  • 1999
  • Dean's List
  • Southwestern University School of Law
  • 1999
  • Evidence
  • CALI Excellence for the Future Award
  • 1999
  • Copyright Law
  • CALI Excellence for the Future Award (Highest Exam Score)
  • 1998
  • Alternate Dispute Resolution
  • CALI Excellence for the Future Award (Highest Exam Score)
  • 1998
  • Dean's List
  • Southwestern University School of Law
  • 1998
  • Dean's List
  • Southwestern University School of Law
  • 1997
  • Dean's List
  • Southwestern University School of Law
  • 1996
  • Intellectual Property
  • OC Metro
  • N/A
View all awards

Publications

  • Los Angeles Lawyer
  • Good Marksmanship: New Technologies Require The Implementation of Creative Trademark Strategies
  • N/A
  • Pending publication
  • Common Mistakes Businesses Make When Filing U.S. Trademark Applications
  • N/A

Speaking Engagements

  • Intellectual Property Department
  • Common Issues Encountered in Trademark Infringement Lawsuits
  • 2015
  • Webinar
  • When is an Alteration a "Material" Alteration
  • 2013
  • Webinar
  • Trademarks + Copyrights = Brand Protection
  • 2011
  • Webinar
  • Enforcing Your Intellectual Property
  • 2010
  • Action Sports Retailers Expo
  • Enforcement of Intellectual Property
  • 2009
  • Action Sports Retailers Expo
  • Taking Your Brand to the Next Level
  • 2009
  • Webinar
  • Time to Take Care of Your Intellectual Property
  • 2009
  • Action Sports Retailers Expo
  • Registering, Defending & Enforcing Your Brand
  • 2008
  • Action Sports Retailers Expo
  • Taking Your Brand to the Next Level
  • 2008
View all speaking engagements

Attorney endorsements

Received (7)
Given (4)
Endorse Brian
Intellectual property Attorney | Jul 15
Relationship: Fellow lawyer in community
"I know Brian since law school and he is a top notch attorney."
Trademark infringement Attorney | Jan 25
Relationship: Worked together on matter
"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."
Intellectual property Attorney | May 25
Relationship: Fellow lawyer in community
"I've known Brian for almost as long as I've been practicing law over these last 15 years, including a period of working directly with him. I do not hesitate to refer a client his way given his genuine concern for his clients and high standard of ethics. He also possesses a creative legal mind for finding solutions for his clients and is relentless in uncovering those solutions. Also, having worked in both small and large law firms and with individuals, small businesses, and large corporations, Brian's extensive and varied experience allows him to bring a lot of subtle nuances to bear of each client's individual issues leading to a more comprehensive solution. As for my own practice, he's my go to guy for complicated trademark matters since he's practically seen everything and always provides a useful perspective."
Intellectual property Attorney | May 15
Relationship: Fellow lawyer in community
"I have complete confidence in Brian Kinder when I refer a client to him for their intellectual property needs. Brian is a seasoned, bright and creative IP lawyer who is equally skilled at handling the transactional as well as litigation sides of any IP matter. Brian and I have worked together on trademark and franchising matters, where he has successfully won contested arbitrations and trials on behalf of franchisees. Brian also has an engaging personality and practical business approach. I recommend him for any IP matter, whether it be routine or complex and challenging - either way, he can be counted on to do an exemplary job for his client."
Intellectual property Attorney | May 10
Relationship: Fellow lawyer in community
"There are lawyers, and then there are AMAZING LAWYERS! Brian is a high energy AMAZING lawyer. I worked with Bryan while we were both in law school. This was back in the late 90's. At that time, as a law clerk working in the trademark and intellectual property field, Brian knew more than most attorneys knew. Fast forward to today, I would have to say he is both a thought-leader, and a litigation specialist in the field of intellectual property law, especially if you are talking trademarks. I am 100% certain that if you need a trademark or IP lawyer, and you call and talk to Brian, there is no question in my mind that you will hire him, and be very glad you did. Get him on your side before your opponent does."
Unknown Attorney | May 10
Relationship: Fellow lawyer in community
"I fully endorse Mr. Kinder. I have known Brian for over a decade now and have always found him to be professional and very knowledgeable. I have never hesitated to refer people to him."
Intellectual property Attorney | Mar 24
Relationship: Fellow lawyer in community
"Brian is highly respected in the legal community. He has a great work ethic and also gives back to the community through volunteer work. I definitely endorse this lawyer."
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