William E. Levin is a recognized and well-known expert and litigator in the field of intellectual property law, particularly trademark and trade dress law, unfair competition law, and related litigation. He is the author of a two volume treatise on intellectual property law, entitled Trade Dress Protection, now in its 2d edition, published by West, now part of Thompson Reuters. He also obtained a trademark jury verdict of almost $ 143 million, which was the largest of its kind in the world until a few years ago. Mr. Levin is available as an expert witness, consultant,mediator or arbitrator, co-counsel, or lead or trial counsel in intellectual property lawsuits, including providing expert reports, opinions, deposition or trial testimony, analysis, strategy, research, guidance, and advice.
Mr. Levin received his Bachelor of Arts degree in Political Science from Emory University in 1976 and a Juris Doctor from the University of Miami Law School in 1979. He was the founding partner and attorney in several prestigious national intellectual property law firms, including Levin & Hawes, Levin & O’Connor, and Levin Intellectual Property Group, all based in Laguna Beach, California. He was also formerly a partner in such notable law firms as Cooper, White & Cooper in San Francisco, and Flehr, Hohbach, Test, Albritton & Herbert, also in San Francisco, and was Of Counsel to such law firms as Hawes & Fischer in Newport Beach, and Goldstein & Phillips in San Francisco. He is admitted to practice before all California courts, numerous federal courts throughout the country, the United States Court of Appeals for the Federal Circuit, and the United States Patent and Trademark Office.
Attorney Levin has extensive litigation experience in trademark law, trade dress, copyright, unfair competition, and false advertising cases, particularly temporary restraining orders, preliminary injunctions, depositions and trials. His largest jury verdict to date was $ 143 million in a trademark infringement case (later overturned), and he has obtained judgments and settlements for many millions of dollars. He also has handled trademark prosecution and inter partes proceedings before the Trademark Trial and Appeal Board. Mr. Levin has represented Fortune 100 corporations, as well as numerous small businesses, in a broad variety of industries. Some of his clients during his 30 years of exclusively intellectual property law practice have included American Airlines, American Express, American Lighting, American Medical International, Applied Medical, Autodesk Inc., Baker Industries, Bank of America, the British government, Carol Cable Co., the Coca-Cola Co., CPC International (Best Foods), Dial Soap, Ellison Educational, Elite Access Corp., Fila, Fonovisa Records, Foster Farms, Gibraltar Savings & Loan Assoc., Hansen’s Beverage Co., Hard Rock Café, Industry Publishers, Inc., Intergraph Corp., Izod, Kaiser-Permanente, Laura Ashley, Martinelli’s (apple juice), McKesson Corp., the San Francisco Chronicle, See’s Candies, Sony, Sonoma Mission Inn, Safeway Stores, Sundance Spas, Teva Pharmaceuticals, Thompson-Brandt, Unilever, Wells Fargo Bank, Winterland Productions (Bill Graham’s company), and Wrangler Jeans, to name but a few.
William E. Levin is the author of a leading trademark treatise, Trade Dress Protection , published by Thompson/West Group, which he also has annually updated since 1996. THis two volume work is currently in its second edition. He currently serves on the Advisory Board of United States Patents Quarterly (Bureau of National Affairs). Mr. Levin has served on the Editorial Boards of Trademark Reporter (INTA), Trademark World®, and San Francisco Attorney magazines, on the Advisory Board of Whittier Law School, and on the Executive Committee of the Los Angeles Complex Inns of Court. Mr. Levin served as a Chair of a committee of the American Bar Association, Patent, Trademark and Copyright Section , and as an editor for one of its publications. He has been a moot court judge, a visiting law professor, an arbitrator for such groups as the American Arbitration Association, a mediator, and has very successfully represented clients in all forms of Alternative Dispute Resolution.
Mr. Levin’s numerous legal and business articles have appeared nationally and internationally in such publications as National Law Journal, Orange County Business Journal, Laguna Beach News, (columnist), San Francisco Attorney (and Trademark World (in Japanese). He has also appeared on local and national television programs, and on various radio programs, and was asked to be on Court TV. Mr. Levin has spoken before such groups as the American Bar Association, the International Anti-Counterfeiting Coalition, the National Business Institute, the Orange County Bar Association, the San Francisco Bar Association, and the Orange County Patent Law Association. His cases have been featured in most major newpapers and many leading industry publications around the world, including such notable ones as Wall St. Journal, Investor’s Daily, New York Times, Washington Post, San Francisco Chronicle, Los Angeles Times, and USA Today
Mr. Levin has been very active in the community and in social organizations, including having served on the Board of Trustees of Congregation Shir Ha Ma’a lot in Irvine, California, the Regional Board of Directors for the Long Beach & Orange County chapter of the Anti-Defamation League, the Board of Directors of LOCA (Laguna Beach Outreach Community Arts), the Administrative Board of Californians for Missing Children, and many similar groups.
He has been a member of the International Trademark Association, the American Intellectual Property Law Association, the American Bar Association, the State Bar of California (and its Intellectual Property Section), the Orange County Patent Law Association, among other professional associations. He holds the top legal rating, “AV,” from the Martindale-Hubble Law Directory, as did his various law firms. For many years, he has been in Marquis’ Who’s Who in the World, Who’s Who in America, Who’s Who in American Law, and Who’s Who in Finance & Industry. He has been a member of such business groups as TEC, and TAB, was named Republican of the Year in California by the National Republican Congressional Committee, and was nominated for the Orange County Business Journal’s Entrepreneur of the Year award. The law firms he has owned and managed have included up to 16 attorneys with offices in two cities, including San Diego. Mr. Levin was the primary, if not sole, “rainmaker” for those law firms, their managing partner for a long period, and was personally in charge of all marketing and public relations for the firms, and generated almost all of its business.
Mr. Levin has worked with small and large law firms around the country as their co-counsel, local counsel, or as a consultant. He has been retained many times as a legal expert witness in the State of California and elsewhere. Mr. Levin is widely recognized as an authority in the legal disciplines of intellectual property law, particularly trademark law,trade dress law, and unfair competition law.
Background
Q: Please list your professional accreditations, degrees, licenses, and certificates granted:A: Author, Trade Dress Protection (Thomson West 1996)(updated annually)(now in 2d edition). Two volume work.
Juris Doctor, University of Miami School of Law, June 1979.
Bachelor of Arts, Political Science, Emory University, June 1976.
Real Estate Broker, California (1986 to present).
Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: Advisory Board, United States Patents Quarterly (BNA)
Q: Please list any teaching or speaking experience you have had, including subject matter:
A: Have taught intellectual property law in the past, and have spoken many times in national and local forums on trademark and trade dress law, unfair competition law, counterfeiting, and related litigation.
Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
A: Never disciplined in any way. Have AV rating with Martindale Hubbell for many years.
Q: On how many occasions have you been retained as an expert?
A: About a dozen or more.
Q: For what area(s) of expertise have you been retained as an expert?
A: Trademark law. Trade dress law. Counterfeiting, including criminal cases.
Q: In what percentage of your cases were you retained by the plaintiff?
A: About 50%.
Q: In what percentage of your cases were you retained by the defendant?
A: About 50%.
Q: On how many occasions have you had your deposition taken?
A: About 2-3 times.
Q: When was the last time you had your deposition taken?
A: Not within the last 5 years.
Q: For how many years have you worked with the legal industry as an expert?
A: About 10 years.
Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: Consulting in intellectual property cases, particularly trademark and trade dress litigation, but also copyright and unfair competition, false advertising cases, etc. Reports, opinions, and testimony regarding standard of care, ordinary practices, legal issues, legal standards. Analysis and research. Available as an expert witness, consultant, co-counsel, lead counsel, or trial counsel, as needed.
Q: What is your hourly rate to consult with an attorney?
A: I do not charge for an initial consultation of not more than about one hour. Thereafter, my normal hourly rate is $ 500.
Q: What is your hourly rate to review documents?
A: $ 500
Q: What is your hourly rate to provide deposition testimony?
A: $ 500
Q: What is your hourly rate to provide testimony at trial?
A: $ 500
Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: Any out of pocket expenses, such as travel costs.
References
James E. Hawes, EsquireHuntington Beach, California
Publications
- Can An Advertising Slogan, Jingle or Tagline Be Protected, and If so, How?
- The Convergence of Product Designs At The Corner of Trade Dress Law & Patent Law
- Federal Registration of Trade Dress - Whither Thou Goest Now?
- Protecting and Managing Your Intellectual Property Assets
- The Law of the Internet in California