Mark A. Finkelstein

Mark A. Finkelstein

Irvine, CA recognized lawyers icon Recognized in Best Lawyers since 2016
Umberg Zipser LLP

10 Best Lawyers awards

Umberg Zipser LLP logo

Awarded Practice Areas

Commercial Litigation Litigation - Intellectual Property Litigation - Patent Trademark Law

Biography

Mark Finkelstein is a partner at Umberg Zipser LLP with more than 23 years of intellectual property and complex litigation experience. He advises clients on matters involving patent, copyright, trademark, and trade dress infringement, as well as misuse of trade secrets, unfair competition, and other commercial disputes. Mark has significant first-chair trial experience in both state and federal courts, and has argued before the Federal and Ninth Circuits.Mark has been recognized for intellectual property litigation by Best Lawyers in America and Southern California Super Lawyers. Further, Legal 500 and World Trademark Review have recommended Mark for trademark litigation, with World Trademark Review calling Mark “a bright, experienced litigator” with an “imposing courtroom presence” and “extensive first-chair trial experience before the federal courts,” adding that he is “one of the smartest guys you would probably ever meet.”Mark is the immediate past president of the Association of Business Trial Lawyers (ABTL) Orange County and is a Lawyer Representative to the Ninth Circuit Judicial Conference. Mark has written articles on patent reform, cybersquatting, and trade dress infringement and has spoken on intellectual property protection, patent infringement, and electronic discovery. He has been a member of the American and Orange County Bar Associations, the American Intellectual Property Law Association, and the Orange County Intellectual Property Law Association.
Umberg Zipser LLP

10 Best Lawyers awards

Umberg Zipser LLP logo

Overview

  • English

  • University of Southern California, JD, graduated 1994
  • University of California - Los Angeles, BA, graduated 1991

  • California, California State Bar

  • American Bar Association - Member
  • American Intellectual Property Bar Association - Member
  • Constitutional Rights Foundation - Former Board Member
  • Federal Bar Association, Orange County - Former Board Member
  • Intellectual Property Owners Association - Member, Damages and Injunctions Committee
  • International Trademark Association - Member, Enforcement Committee
  • Ninth Circuit Judicial Conference - Lawyer Representative
  • Orange County Bar Association - Member
  • Orange County Intellectual Property Law Association - Member
  • The Association of Business Trial Lawyers Orange County - Immediate Past President

  • Ninth and Federal Circuit Court of Appeals
  • United States District Courts: Central, Northern, Eastern and Southern Districts of California
  • Eastern District of Texas
  • United States Supreme Court
  • United States Court of Appeals
  • English
  • California, California State Bar
  • American Bar Association - Member
  • American Intellectual Property Bar Association - Member
  • Constitutional Rights Foundation - Former Board Member
  • Federal Bar Association, Orange County - Former Board Member
  • Intellectual Property Owners Association - Member, Damages and Injunctions Committee
  • International Trademark Association - Member, Enforcement Committee
  • Ninth Circuit Judicial Conference - Lawyer Representative
  • Orange County Bar Association - Member
  • Orange County Intellectual Property Law Association - Member
  • The Association of Business Trial Lawyers Orange County - Immediate Past President
  • University of Southern California, JD, graduated 1994
  • University of California - Los Angeles, BA, graduated 1991
  • Ninth and Federal Circuit Court of Appeals
  • United States District Courts: Central, Northern, Eastern and Southern Districts of California
  • Eastern District of Texas
  • United States Supreme Court
  • United States Court of Appeals

Client Testimonials

Mark is an experienced professional lawyer with good subject matter expertise. He is persistent in his approach and can address every adverse situation. His leadership and knowledge were the keys to resolving our long-pending business dispute.

Awards & Focus

Lawyer of the Year Badge - 2023 - Litigation - Patent Lawyer of the Year Badge - 2023 - Trademark Law Lawyer of the Year Badge - 2021 - Trademark Law
Named "Lawyer of the Year" by Best Lawyers® for:
  • Litigation - Patent, Orange County (2023)
  • Trademark Law, Orange County (2023)
  • Trademark Law, Orange County (2021)
Recognized in The Best Lawyers in America® 2026 for work in:
  • Commercial Litigation
  • Litigation - Intellectual Property
  • Litigation - Patent
  • Trademark Law
Additional Areas of Practice:
  • Advertising Law
Special Focus:
  • False Advertising
Awards:
  • Best Lawyers in America (2016-2019) for intellectual property litigation and patent litigation
  • Legal 500 U.S. (2007): leading trademark litigation attorney
  • Southern California Super Lawyers (2009-2013, 2015-2018) and Southern California Rising Stars (2004-2007) for IP litigation
  • World Trademark Review “recommended expert” (2011-2012, 2014-2018): “a bright, experienced litigator” with an “imposing courtroom presence” and “extensive first-chair trial experience before the federal court

Additional Information

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Case History

Cases
  • Trademark Infringement
Representing casual food chain against charges of trademark infringement.
  • False Advertising
Representing laser manufacturer in a false advertising lawsuit.
  • International Commercial Disputes
Representing international winemaker and distributor in various commercial disputes.
  • Copyright & Trade Secret
Obtained stipulated judgment, consent decree, and asset acquisition in copyright and trade secret dispute on behalf of a global leader in business software solutions.
  • Trademark Infringement
Prevailed after the trial in trademark infringement matter on behalf of a media company.
  • Patent Disputes/Medical Device
Prevailed after trial in patent dispute on behalf of a medical device manufacturer.
  • Trademark Infringement
Defeated a motion for preliminary injunction in a trademark infringement matter on behalf of a fittings manufacturer.
  • Counterfeiting Summary Judgment
Prevailed at summary judgment against the world’s second largest B2B website on behalf of a luxury goods conglomerate in a counterfeiting matter.
  • Patent, Trademark Infringement / Unfair Business Practices
Successfully represented laser manufacturer and distributor accused of patent infringement, trademark infringement, and unfair business practices.

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