Bobby A. Ghajar

Ghajar is recognized as one of the top trademark attorneys in the country, and that gives him the chance to work with a wide variety of clients.

He defends trademarks and copyrights belonging to toymakers, a global real estate firm, retail chains, a giant brewer and developers of video games and phone apps.

One client is a high-end senior living facility in Seattle. Another markets nonalcoholic drinks known as "euphorics."

"I love working with different industries," Ghajar said. "The beauty of my practice is that it's so diverse."

The euphorics case included a fairly novel argument. The maker of Kin whiskey sued Ghajar's client, Kin Social Tonics, alleging the defendant's beverages contain ingredients not approved by the Food & Drug Administration, barring trademark.

The case settled in October. Bernard Lax v. Kin Social Tonics, 19-CV04875 (C.D. Cal., filed June 4, 2019).

On behalf of That's It Nutrition, which makes healthy fruit bars, Ghajar asked the Trademark Trial and Appeal Board to block the trademark of a company that was selling a workout supplement with the same name.

In the settlement, the supplement business agreed to a name change. That's It Nutrition v. Unbumpkin, 92074191 (TTAB, May 8, 2020).

Another of his cases with a novel theory at its center will be argued soon before the 9th U.S. Circuit Court of Appeals.

The creator of the website Freelancer.com, where freelancers seek assignments, sued Ghajar's similar client, Upwork Global, over its use of the term "freelancer" in its phone app.

Although the plaintiff's initial claims were quite broad, by the end it only challenged Upwork's use of "freelancer" in its app's shortcut on users' screens.

A district judge agreed Upwork used the term for its ordinary meaning and in good faith. Freelancer Technology International Pty Ltd v. Upwork Global Inc. (9th Cir., filed Nov. 9, 2020).

Ghajar also regularly must defend his clients against competitors that boldly copy their products. Well-known video game developer Jam City Inc. is one such client.

Another is Bath & Body Works LLC, for which Ghajar often battles even national retailers.

"They offer their own candles or soaps or hand sanitizers or room fragrances, and they'll just copy the label," he said.

-- Don DeBenedictis