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Brian Patrick Kinder
About Brian
Biography
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.
Practice Areas
3
Practice Areas
Trademark Application
40%
27 years | 1,285 cases
Trademark Infringement
40%
27 years | 123 cases
Franchising
20%
27 years | 33 cases
Fees and Rates
Cost
Hourly Rates
$ 350-350 per hour
Payment Methods
- Cash
- Check
- Credit Card
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Chat withLicenses
Licensed in California for 25 years
State: California
Acquired: 2001
No misconduct found
Location
The Kinder Law Group, APC
19200 Von Karman, Fourth Floor, Irvine, CA, 92612
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Brian Patrick Kinder's Reviews
Avvo Review Score
5 Client Reviews
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Practice Areas
Showing 1 - 1 of 1 review | Character & Conduct
Posted by Scott | May 06, 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 p...
Brian Patrick Kinder's Lawyer Endorsements
"I know Brian since law school and he is a top notch attorney."
"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."
"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."
"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."
"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."
"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."
Ethan Miller-Bazemore
Intellectual property lawyer | 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."
Sandra Miller
Divorce and separation lawyer
Steve Vondran
Real estate lawyer
Michael Doll
Patent application lawyer
Ethan Miller-Bazemore
Estate planning lawyer
Experience
Honors
2015
2015 Top Trademark Firm, IP Today
2014
2014 Top Trademark Firm, IP Today
2013
Top Lawyer, OC Metro Magazine
2013
2013 Top Trademark Firm, IP Today
2008
Super Lawyer Rising Star, Super Lawyers of Southern California
2007
Who's Who in American Law, Who's Who In American Law
2006
City Appreciation, Long Beach Bar Association
2005
Who's Who in American Law, Who's Who In American Law
2000
Dean's List, Southwestern University School of Law
1999
Dean's List, Southwestern University School of Law
1999
Evidence, CALI Excellence for the Future Award
1999
CALI Excellence for the Future Award Evidence, Southwestern University School of Law
1998
Dean's List, Southwestern University School of Law
1998
Alternate Dispute Resolution, CALI Excellence for the Future Award (Highest Exam Score)
1998
Copyright Law, CALI Excellence for the Future Award (Highest Exam Score)
1997
Dean's List, Southwestern University School of Law
1996
Dean's List, Southwestern University School of Law
N/A
Intellectual Property, OC Metro
Work Experience
2011 - Present
Attorney, The Kinder Law Group
2007 - 2011
Attorney, HKC
2005 - 2007
Associate, FOLEY & LARDNER LLP
2000 - 2005
Attorney, Fulwider Patton Lee & Utecht
Associations
2011 - Present
SMHABoard of Directors
2005 - Present
Orange County Bar AssociationMember
2000 - Present
International Trademark AssociationMember
2000 - Present
State Bar of California, Intellectual Property Law SectionMember
2003 - 2003
Long Beach BarristersPresident
2003 - 2003
Long Beach Bar AssociationBoard Member
2002 - 2002
Long Beach BarristersSecretary
2000 - 2005
Long Beach Bar AssociationMember
2000 - 2005
Long Beach BarristersMember
1998 - 2000
Southwestern Law ReviewAssociate Editor
1997 - 2000
Southwestern Law ReviewMember
Sample of 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.
Clutch Masters v. eClutchMaster
Opposition granted, judgment for my client, infringing application cancelled by Trademark Trial and Appeal Board
Merely Descriptive Refusal
Refusal reversed and application approved for publication.
New Enchantment v. The Journey Spa & Wellness Center
Settled pursuant to a confidential settlement agreement
Flip Skateboards, Inc. v. Absolute International PTY LTD
Settled pursuant to confidential agreement
Likelihood of confusion refusal
Refusal reversed and application approved for publication.
Metasoft v. Global Operations and Development
Settled Forcing Plaintiff to Pay All Costs and Attorney Fees
Venvest Ballard v. Clockwork Home Services
Pending
Huff Flanders, Inc. v. Aussie Pet Mobile, Inc.
Obtained award valued at over $750k.
EKPG v. LAT
Settled
Sound Waves v. Advanced Thermal Insullation
Settled
Military Order of the Purple Heart of the U.S., Inc. v. Purple Heart Veterans Rehabilitation Services, Inc.
Settled pursuant to confidential settlement agreement.
Prolab Nutrition, Inc. v. NBTY, Inc. and Met-Rx Substrate Technology, Inc.
Settled pursuant to confidential settlement agreement.
RM Equipment, Inc. v. AEX, LLC dba Airsoft Extreme
Settled pursuant to confidential settlement agreement.
RRLH, Inc. v. Golden Rain Foundation, Inc.
Settled pursuant to confidential settlement agreement.
Peter O'Colmain v. Aussie Pet Mobile, Inc.
Obtained nearly three-quarters of a million dollar judgment with $425k in punitive damages.
Education
2015
Pepperdine University School of Law
Certificate of Completion
2000
Southwestern Univ SOL
law
2000
Southwestern University School of Law
JD - Juris Doctor
1996
California St Univ Fullerton
undergraduate
Speaking Engagements
2015
Intellectual Property Department
Common Issues Encountered in Trademark Infringement Lawsuits
2013
Webinar
When is an Alteration a "Material" Alteration
2011
Webinar
Trademarks + Copyrights = Brand Protection
2010
Webinar
Enforcing Your Intellectual Property
2009
Webinar
Time to Take Care of Your Intellectual Property
2009
Action Sports Retailers Expo
Taking Your Brand to the Next Level
2009
Action Sports Retailers Expo
Enforcement of Intellectual Property
2008
Action Sports Retailers Expo
Registering, Defending & Enforcing Your Brand
2008
Action Sports Retailers Expo
Taking Your Brand to the Next Level
Publications
2013
The Kinder Law Group
When is an Alteration a "Material" Alteration
N/A
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
Languages
English
Activity
Legal Answers
Legal Guides
Legal Answers
Q&A
Does changing one letter in a trademark allow me to trademark the new, altered word?
17 Feb 2015
Q&A
How do spaces and punctuation marks impact a trademark registration?
11 Mar 2014
Q&A
Can I have an 'actual use' application converted to an 'intent to use' application?
25 Feb 2014