Over the past decade, the attorneys of Byron | Raphael LLP have developed deep expertise in certain industries—industries where they not only know the law, but also the players, the marketplace, and the consumers.

Fashion & Apparel.  Today, the fashion/apparel industry is truly global—a single garment may be designed in Europe, manufactured in Asia, and sold in the United States.  And a single product can implicate all of the main intellectual property regimes—trademark, trade dress, copyright, and patent law—as well as a host of contractual and business issues.  These regimes provide ample tools for companies interested in protecting their brands or product designs; they can also represent a minefield for the unwary.   We represent footwear and clothing companies as plaintiffs and defendants in high-stakes trademark, trade dress, patent, and contractual disputes.  We also provide intellectual property counseling to the industry, assisting you in protecting your brands and product designs while avoiding legal actions.  Notable representations:

  • Universal Standard Inc. v. Target Corp. (S.D.N.Y.)
  • Wildfang Co. v. Target Corp. (D. Or.)
  • Deckers Outdoor Corp. v. Romeo v. Juliette, Inc. (C.D. Cal.)
  • Deckers Outdoor Corp. v. Gap, Inc. (C.D. Cal.)
  • adidas America, Inc. v. Skechers, Inc. (D. Or.)
  • Nike Inc. v. Skechers, Inc. (D. Or.)
  • Quiksilver Inc. v. World Marketing Inc. (C.D. Cal. & 9th Cir.)
  • Quiksilver Inc. v. Rox Volleyball Inc. (C.D. Cal.)
  • Gucci America, Inc. v. Guess?, Inc. (S.D.N.Y.)

Food & Beverage.  Our expertise in the food and beverage industries goes far beyond helping clients grow and protect their brands.  We have also represented clients in actions concerning false advertising and mislabeling and in business disputes supply chain partners and distributors.   Notable representations:

  • Lifeway Foods, Inc. v. Millennium Products, Inc. (C.D. Cal.)
  • Trader Joe’s Co. v. Hallatt DBA Pirate Joe’s (W.D. Wash. & 9th Cir.)

Technology & Consumer Products.  All intellectual property law firms claim expertise in the tech sector.  What sets Byron Raphael apart is our focus on consumer-facing technology and products.  We understand the challenges facing technology companies operating in a quickly evolving competitive landscape, and we have represented clients in disputes involving the design and marketing of smart phones, apps, laptops, video games, and musical instruments.  Notable representations:

  • Free Kick Master LLC v. Apple Inc. (N.D. Cal.)
  • Ironworks Patents LLC v. Apple Inc. (D. Del. & Fed. Cir.)
  • Williamson v. Citrix Online LLC (C.D. Cal. & Fed. Cir.)
  • Comarco Wireless Technologies v. Apple Inc. (C.D. Cal.)
  • Buchla v. Buchla Electronic Musical Instruments LLC (N.D. Cal.)
  • Hitachi Consumer Electronics Co., Ltd. v. Top Victory Electronics (Taiwan) Co., Ltd. (E.D. Tex.)
  • Serendip LLC v. Musicast (S.D.N.Y.)
  • Kebapci v. Tune Core Inc. and Believe Digital Canada Inc. (E.D.N.Y.)

Media & Entertainment.   Before they were lawyers, the attorneys of Byron Raphael were copyright owners — Jordan Raphael co-authored a biography of comic book pioneer Stan Lee, and Tim Byron paid for his final year of law school with royalties from musical compositions he had co-written.  They had also amassed years of professional experience in the publishing, music, and gaming industries.  They joined entertainment law titan O’Melveny & Myers to build off this experience.  Since founding Byron Raphael, they have advised and represented entertainment and media clients in a variety of copyright and trademark disputes.  Our offices in Southern California and Northern California give us twin footholds in the historic capital of entertainment production (Hollywood) and the nascent capital of entertainment distribution (Silicon Valley).  Notable representations:

  • Cheever v. Huawei Technologies Co. Ltd. (N.D. Cal.)
  • Serendip LLC v. Musicast (S.D.N.Y.)
  • Kebapci v. Tune Core Inc. and Believe Digital Canada Inc. (E.D.N.Y.)