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About Daniel
Biography
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.
Practice Areas
5
Practice Areas
Fees and Rates
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Chat withLicenses
Licensed in California for 23 years
State: California
Acquired: 2002
No misconduct found
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Daniel Nathan Ballard's Reviews
Avvo Review Score
22 Client Reviews
Filter Avvo Reviews (22)
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Practice Areas
Showing 1 - 5 of 10 reviews | Practice Area Knowledge
Posted by anonymous | December 05, 2018 | Intellectual Property
Was Honest and Straight Up with Me
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 ...
Posted by Ryan | July 11, 2018 | Intellectual Property
Youtube Copyright Question For CC-BY Material Answered Very Quickly & Included Specific Section Of Code For Me
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.
Posted by anonymous | August 14, 2017 | Patent Infringement
A great Amazon specific Intellectual Property Law Attorney
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...
Posted by John Edward Flynt | April 18, 2017 | Intellectual Property
My experience with Dan Ballard
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.
Posted by Rick Bennette | November 20, 2016 | Intellectual Property
Concise and Clear
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 t...
Daniel Nathan Ballard's Lawyer Endorsements
"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."
"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."
"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."
"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."
"I endorse this lawyer. His answers to questions posed are very informative and well thought out."
"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."
"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."
"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."
"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."
"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."
"Mr. Ballard is very knowledgeable on Intellectual Property Matters. I would recommend Mr. Ballard to my friends and family."
"Mr. Ballard is a valuable asset to this community. His dedication to the law and his clients is admirable."
"I endorse this lawyer. Daniel's answers are consistently well-reasoned and on point."
"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."
"I endorse this lawyer. His answers on this forum are thorough as it relates to the subject matter and consistently accurate."
"I endorse this lawyer."
"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."
"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."
"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."
"Daniel Ballard is a top-notch attorney. Highly respected in the legal community."
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Experience
Honors
2013
AV Preeminent Rated in Legal Ability and Ethical Standards, Martindale-Hubbell
2001
Best Student Participation, Anthony M. Kennedy Inn of Court
Work Experience
2008 - Present
Principal, Law Offices of Daniel N. Ballard, Esq.
2006 - 2008
Attorney, Bullivant Houser Bailey PC
2005 - 2009
Adjunct Professor, McGeorge School of Law
2001 - 2006
Attorney, McDonough Holland & Allen PC
1998 - 2010
Environmental Science Officer, US Army Reserve
Associations
2002 - Present
State Bar of CaliforniaMember
2007 - 2010
Sacramento County Bar Association, IP SectionBoard Member
2004 - 2005
International Trademark AssociationMember, Monetary Remedies Committee
2004 - 2012
Recording AcademyAssociate Member
Sample of Legal Cases
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
Education
2001
McGeorge School of Law, University of the Pacific
JD - Juris Doctor
1997
California State University, Sacramento
BA - Bachelor of Arts
1993
Middlesex Community College
Associates in Science
Speaking Engagements
2007
Business End of Patents
Patent law
2004
Fourth Annual Pacific Music Business Symposium
Digital music issues
2003
Music Wars
Digital music copyright issues
2003
Digital Music Summit Music Industry in the Digital Age
Digital Music Intellectual Property Issues
Publications
2009
Sacramento Lawyer
International Intellectual Property Protection
2007
Sacramento Lawyer
Signs, Signs, Everywhere There's Signs
Languages
English
Activity
Legal Answers
Legal Guides
Legal Answers
Q&A
Will my trademark be different enough to get it approved with another trademark that's similar?
18 Apr 2025
Q&A
If I make a bracelet with the colors of cartoon characters to sell is that copyright infringement ?
27 Sep 2023
Q&A
How do I patent my own hot sauce?
27 Sep 2023