Lawyer Profile

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Mark A. Finkelstein

Umberg Zipser LLP
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.

Lawyer Bio

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.
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  • Lawyer of the Year Badge

Education:

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

Bar Admissions:

  • California, California State Bar
 

Court Admissions:

  • United States Supreme Court
  • United States Court of Appeals
  • Ninth and Federal Circuit Court of Appeals
  • United States District Courts: Central, Northern, Eastern and Southern Districts of California
  • Eastern District of Texas

Affiliations:

  • 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

Named "Lawyer of the Year" by Best Lawyers for:

  • Trademark Law, Orange County (2021)
 

Recognized in The Best Lawyers in America for work in:

  • Commercial Litigation
  • Litigation - Intellectual Property
  • Litigation - Patent
  • Trademark Law
 

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

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Lawyer Case History

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.