Bobby A. Ghajar

As a go-to litigator and trial lawyer for major brands such as Facebook Inc. and Anheuser-Busch In-Bev Worldwide Inc., Ghajar is skilled in both trademark and copyright claims, with a knack for jury trials and a history of big wins.

“My practice continues to be a hybrid practice of copyright and trademark litigation,” Ghajar said. “There’s always a trademark case that I’m engaged in right now.”

Early last year, Ghajar took over the defense of commercial real estate giant Newmark & Co. and its parent company, BGC Partners, in trademark litigation so large it spanned more than 500 docket entries in 11 months. Ghajar’s team won a contempt motion and various discovery rulings while briefing an appeal and cross-appeal to the 9th U.S. Circuit Court of Appeals.

Though U.S. District Judge Beth Labson Freeman of San Jose denied cross-motions for summary judgment, she ruled on various Daubert and in limine motions that favored Newmark.

Then in December, days before a 9th Circuit hearing and weeks before trial, Freeman ordered a mediation that led to Newmark’s complete ownership of the disputed trademark, “NEWMARK.” Newmark Realty Capital Inc. v. BGC Partners Inc. et al., 16-CV01702 (N.D. Cal., filed April 4, 2016).

Ghajar also recently won a trademark and copyright case on behalf of Anheuser-Busch, filed by a photographer who said an image he made of the Philadelphia skyline was unlawfully used in a Budweiser neon sign. The plaintiff claimed Anheuser-Busch removed his copyright management information by not including his name, then dismissed all non-copyright claims after Ghajar filed a motion to dismiss.

A Pennsylvania federal judge in July dismissed all remaining claims in one of the few decisions to address the Digital Millennium Copyright Act claims regarding the alleged removed copyright. Maule v. Anheuser-Busch et al., 17-CV00461 (E.D. Penn. filed, Feb. 1, 2017).

“More and more, I’m seeing these types of claims asserted against my clients. So we’re in a defensive posture,” Ghajar said.

Ghajar’s current cases include defending toy company Spin Master Inc. in a copyright and trademark action over its preschool cartoon Rusty Rivets and a trademark and copyright case against supermarket chain Aldi Inc. on behalf of L Brands Inc.’s Bath & Body Works, related to Aldi’s alleged copycat candles. L Brands also owns Victoria’s Secret and is one of Ghajar’s major clients. Others include Amazon.com Inc., Mattel Inc., Abercrombie & Fitch, Intel Corp. and Ernst & Young.

Ghajar also works cases pro bono, including trademark prosecution and a dispute involving a local nonprofit organization that serves the underrepresented, as well as supervising adoption hearings.

— Meghann M. Cuniff