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Daniel Nathan Ballard

also known as Dan Ballard
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Avvo Rating9.7
  • Licensed for 19 years
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About Daniel

Mr. Ballard is a patent attorney and a trademark, copyright, and e-commerce attorney. He is hired by and accepts new clients only from other attorneys. He serves as outside corporate counsel for small to medium-sized businesses and, in addition to general business transactional advice, focuses on intellectual property strategy and, when necessary, engages in federal and state court litigation and proceedings before the Trademark Trial and Appeal Board. 

Mr. Ballard is not accepting any new clients. Nonetheless, under California Rule of Professional Conduct 1-400 this profile and any of his responses to questions on the Avvo Q&A forum may constitute a "communication" concerning the availability of professional employment.  As such, please consider all of this information a SOLICITATION for employment.

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Practice areas

OtherBusinessInternetTrademark infringementIntellectual property
  1. Intellectual property: 50%

    20 years

  2. Trademark infringement: 20%

  3. Internet: 10%

  4. Business: 10%

  1. Patent infringement: 10%

Languages spoken

English

Photos and videos

336465 1295970758

Contact

No contact information available

Resume

License
StateStatusAcquiredUpdated
CAActive200205/16/2021
We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal answers10113
Legal guides2
Awards
Award nameGrantorDate granted
AV Preeminent Rated in Legal Ability and Ethical StandardsMartindale-Hubbell2013
Best Student ParticipationAnthony M. Kennedy Inn of Court2001
Work Experience
TitleCompany nameDuration
PrincipalLaw Offices of Daniel N. Ballard, Esq.2008 - Present
AttorneyBullivant Houser Bailey PC2006 - 2008
Adjunct ProfessorMcGeorge School of Law2005 - 2009
AttorneyMcDonough Holland & Allen PC2001 - 2006
Environmental Science OfficerUS Army Reserve1998 - 2010
Associations
Association namePosition nameDuration
State Bar of CaliforniaMember2002 - Present
Sacramento County Bar Association, IP SectionBoard Member2007 - 2010
International Trademark AssociationMember, Monetary Remedies Committee2004 - 2005
Recording AcademyAssociate Member2004 - 2012
Publications
Publication nameTitleDate
Sacramento LawyerInternational Intellectual Property Protection2009
Sacramento LawyerSigns, Signs, Everywhere There's Signs2007
Education
School nameDegreeGraduated
McGeorge School of Law, University of the PacificJD - Juris Doctor2001
California State University, SacramentoBA - Bachelor of Arts1997
Middlesex Community CollegeAssociates in Science1993
Speaking Engagements
Conference nameTitleDate
Business End of PatentsPatent law2007
Fourth Annual Pacific Music Business SymposiumDigital music issues2004
Music WarsDigital music copyright issues2003
Digital Music Summit Music Industry in the Digital AgeDigital Music Intellectual Property Issues2003
Legal cases
Case nameOutcome
SunEarth, Inc. v. Sun Earth Solar Power Co., Ltd., 846 F. Supp. 2d 1063, 1078 (ND Cal. 2012)Preliminary injunction granted
Greenberg Traurig, LLP, v. Gale Corp., 2009 WL 3614762 (E.D. Cal. Nov. 2, 2009)Federal court has jurisdiction over malpractice claim relating to patent litigation
Nerds On Call, Inc. v. Nerds On Call, Inc., 598 F.Supp.2d 913 (S.D. Ind. 2008)Case dismissed
Salu, Inc. v. Original Skin Store, 2010 WL 1444617 (E.D.Cal. April 12, 2010)Request to stay litigation denied
PDL, Inc. v. All Star Driving School, 2007 WL 1515139 (E.D.Cal. May 22, 2007)Preliminary injunction granted
Bylin Heating Systems, Inc. v. M&M Gutters, LLC, 2008 WL 744706 (E.D. Cal. Mar. 18, 2008)Counterclaims survive motion to dismiss.
R & R Partners, Inc. v. Tovar, 447 F. Supp. 2d 1141 (D. Nev. 2006)
Jane E. Aagard v. Palomar Builders, Inc., 344 F.Supp.2d 1211 (E.D. Ca. 2004)Counterclaims not preempted
SunEarth, Inc. v. Sun Earth Solar Power Co., 839 F.3d 1179 (9th Cir. 2016) (en banc)Changed law regarding Lanham Act attorneys' fees

Reviews

(22)
5 Star
82%
4 Star
5%
3 Star
0%
2 Star
0%
1 Star
14%
Review Daniel Ballard

Most thoughtful, comprehensive answer I received!

Posted by

Obiously a very thoughtful attorney. I wish I could contact him back. But he has no contact info. None of the attorneys' answers really got to my situation, and I'd like to clarify.
This review is from a potential client who consulted with this attorney.
Consulted attorney
Daniel Ballard's response: Thanks for your kind words. I don't list contact information because I only very rarely accept clients through Avvo. I'm normally hired by other attorneys or get referrals from other attorneys. Good luck with your project.

Was Honest and Straight Up with Me

Posted by

Mr. Ballard patiently answered my questions with regard to making my own subtitles for commercial films. I appreciate his directness and willingness to go the whole nine yards to explain his reasoning and provide me with legal sources supporting his arguments; the information he gave was more than I hoped for. Thanks for the help!
This review is from a potential client who consulted with this attorney.
Consulted attorney

IP question answered

Posted by

Daniel went above and beyond a simple reply regarding my YouTube video content and I appreciate him taking his off time to respond in detail. By the time I finished reading his info-packed answer I had more ammunition than ever to understand the convoluted ramifications of the law pertaining to my question. You have to respect the brilliance of attorneys like Daniel who also choose to share themselves pro bono. Saved me a ton of creative time for which I am grateful.
This review is from a potential client who consulted with this attorney.
Consulted attorney

Just another Review

Posted by

I've seen a few of his answers from other questions. They are always as detailed as possible & I appreciate you taking your time out for the advice you give
This review is from a potential client who consulted with this attorney.
Consulted attorney

Youtube Copyright Question For CC-BY Material Answered Very Quickly & Included Specific Section Of Code For Me

Posted by

My Youtube Copyright Question For CC-BY Video Attribution Was Answered Very Throughly & Quickly. He Also Included The Specific Section Of Code That Pertained To My Question That I Was Unable To Find In My Own Internet Searches.
This review is from a potential client who consulted with this attorney.
Consulted attorney

A great Amazon specific Intellectual Property Law Attorney

Posted by

I am an Amazon seller and had a patent infringement complaint. Daniel was very helpful and cognizant in his advices. He helped me to understand the situation and make my decision on how to move further. Amazon is a fairly new playground for lawyers and it is hard to find the professional who can give a good advice with the understanding of the specific environment. Daniel is a go-to guy for any amazon seller.
This review is from a potential client who consulted with this attorney.
Consulted attorney

My experience with Dan Ballard

Posted by

Dan answered very quickly, got more information from me, and gave me a detailed answer to my specific question. I would recommend him to anyone who needs representation for intellectual property, copyrights, and any other areas related to protecting one's creative property.
This review is from a potential client who consulted with this attorney.
Consulted attorney

Genuine, clear, concise & brutally honest

Posted by

I was about to hire a lawyer searched on Avvo but wasn't very comfortable with the contract he drafted. I approached Mr. Ballard to review the contract drafted by the other guy and was willing to pay from the very beginning for his consultation. He however offered to review the contract free of cost and even suggested I should not continue with the earlier guy as his verbal promises and contract had different tones. In other words the other guy was trying to bind me in a contract which would have costed me a lot of money and time. Not only this he was patient enough to go through the case and suggested I shouldn't pursue it and take it with a pinch of salt as justice at times could be very expensive and non rewarding.
This review is from a potential client who consulted with this attorney.
Consulted attorney

Concise and Clear

Posted by

Daniel opened my eyes to a legal status of copyright not known to me, even after I read through the posting of copyright law on the government web site, copyright.gov. Implied copyright is something I was not aware of before the initial consult with Daniel, and had I gone into court without knowing this, I could have wasted my dollars and time.
This review is from a potential client who consulted with this attorney.
Consulted attorney

Very giving and very detailed.

Posted by

It's understandable that lawyers need to make a living just anybody else. Their livelihood is based on their services which includes giving advice. To come on here with questions and get free advice from the many attorneys on this site is God given and much appreciated. But with Mr. Ballard it just goes a step further. I asked a few very complex questions regarding derivative works and copyright and such. Mr. Ballard answered them in detail and bluntly, exactly what anyone should want to have from an attorney. He even researched and posted the cases that pertained to my questions. In a litigious country like the States, an attorney such as Mr Ballard would not only be very knowledgeable, but I sense he'd also fight for your case ferociously and smartly by digging deep in his analyses of cases. So far, a 5 star rating from me.
This review is from a potential client who consulted with this attorney.
Consulted attorney
See all reviews

Attorney endorsements

(72)
Are you an attorney? Endorse this lawyer

William Fitch, Business Attorney on Feb 20, 2018
Relationship: Fellow lawyer in community

I endorse my fellow lawyer who has exhibited keen legal knowledge and an excellent grasp of the law as exhibited by the responses on AVVO.

Gail Barsky, Trademark infringement Attorney on Apr 15, 2017
Relationship: Fellow lawyer in community

I endorse this lawyer. He is highly regarded by his fellow lawyers and clients. He also assists the public by answering questions on Avvo which are insightful and helpful.

Hubert Pfabe, Intellectual property Attorney on Jul 15, 2016
Relationship: Fellow lawyer in community

I endorse Attorney Ballard. I have viewed his responses and advice that he has offered on a wide range of topics and have found it on point and insightful.

Walter Tencza, Intellectual property Attorney on Jun 2, 2016
Relationship: Fellow lawyer in community

Attorney Ballard answers questions in an incisive and detailed manner; and raises issues which give both Avvo questioners and practicing attorneys much food for thought.

David Pittman

I endorse this lawyer. His answers to questions posed are very informative and well thought out.

Tristan Robinson, Intellectual property Attorney on Mar 16, 2016
Relationship: Fellow lawyer in community

Mr. Ballard has an impressive understanding of his area of practice, which is demonstrated in every meticulous and thoughtful response he affords Avvo users. This is an easy endorsement for me.

Julian Cordero, Intellectual property Attorney on Nov 17, 2015
Relationship: Fellow lawyer in community

I endorse this lawyer. Mr. Ballard takes a lot of time to answer questions on the Avvo forum in a meticulous and sound manner. His answers are always very through and it is clear he is very knowledgeable.

Jonathan Balfus, Intellectual property Attorney on Nov 5, 2015
Relationship: Fellow lawyer in community

Mr. Ballard's responses are among the most intelligent, realistic, useful and thorough on Avvo. It's difficult to stand out among the many excellent attorneys that provide answers here, so I endorse Mr. Ballard because he consistently does.

Ira David, Intellectual property Attorney on Nov 4, 2015
Relationship: Other

I have read hundreds of responses Attorney Ballard has submitted to the Avvo website and, while I do not always agree with his position, I always find it well researched and well presented.

Jonathan Jekel, Intellectual property Attorney on Oct 24, 2015
Relationship: Fellow lawyer in community

Daniel Ballard is thoughtful, poised, and extremely well versed in all areas of IP. His contributions to the discourse here on Avvo have been commendable. At the same time, he strikes me as an attorney with a lot of integrity. When a client's best option is to walk away and cut their losses, he will tell them. In short, I am pleased to endorse Daniel Ballard.

Kalpesh Patel, Intellectual property Attorney on Oct 14, 2015
Relationship: Fellow lawyer in community

Mr. Ballard is very knowledgeable on Intellectual Property Matters. I would recommend Mr. Ballard to my friends and family.

Adam Studnicki

Mr. Ballard is a valuable asset to this community. His dedication to the law and his clients is admirable.

Igor Shoiket, Intellectual property Attorney on Aug 19, 2015
Relationship: Fellow lawyer in community

I endorse this lawyer. Daniel's answers are consistently well-reasoned and on point.

William Lang, Intellectual property Attorney on Aug 5, 2015
Relationship: Fellow lawyer in community

Mr. Ballard and I have answered a very large number of the same questions. He is invariably the attorney who spots the issue that no one else spotted. The breadth and depth of knowledge that he demonstrates in his answers is a benefit not only for those asking the question, but also for the other attorney participants here. I have personally learned details of law from Mr. Ballard's answers that have benefited my clients. There is no question in my mind that any client choosing to utilize Mr. Ballard's services is well served. I endorse this lawyer.

Philip Virga, Patent application Attorney on Jun 4, 2015
Relationship: Fellow lawyer in community

I endorse this lawyer. His answers on this forum are thorough as it relates to the subject matter and consistently accurate.

Aryeh Leichter, Intellectual property Attorney on Jun 1, 2015
Relationship: Fellow lawyer in community

I endorse this lawyer.

Alan Sack, Intellectual property Attorney on May 19, 2015
Relationship: Fellow lawyer in community

I endorse Attorney Ballard. In my experience answering the same questions on this site, consistently provides thoughtful and insightful advice on IP matters. His answers are very detailed and usually are supported by links to authoritative and informative articles and relevant citations. I usually in agreement with his analysis and advice. However, whether or not I agree with his position, like many of my colleagues I have learned more each time I read attorney Ballard's postings.

Albert Soler, Intellectual property Attorney on May 6, 2015
Relationship: Fellow lawyer in community

Mr. Ballard has a clear and solid understanding of intellectual property law and routinely provides solid suggestions to those needing assistance. I endorse Mr. Ballard.

Kurt Elkins, Intellectual property Attorney on May 5, 2015
Relationship: Other

I endorse this lawyer. I have read many of the answers given by this attorney. I can say that the answers are well done and give solid advice.

Dimitrios Kourouklis, Intellectual property Attorney on Apr 26, 2015
Relationship: Fellow lawyer in community

Daniel Ballard is a top-notch attorney. Highly respected in the legal community.

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