Andrew is a skilled intellectual property attorney and commercial litigator who is adept at handling a wide array of matters. He litigates patent, trademark, and copyright disputes in courts around the country, and prosecutes patents and trademarks before the US Patent and Trademark Office. His capabilities also encompass entertainment law and general commercial litigation. Companies in diverse sectors — technology, consumer products, life sciences, manufacturing, nonprofits, arts and entertainment, among others — seek his representation in cases, disputes, contract negotiations, and settlement discussions. His breadth of work has involved famous intellectual property rights, as well as startup companies just developing their rights. Andrew has been internationally recognized for his trademark legal skills, having received a prestigious Silver Medal in California from WTR (“World Trademark Review”) for both prosecution and litigation.
Andrew’s practice is focused on patent, trademark, copyright litigation, and entertainment law. In addition, Andrew has prosecuted hundreds of patents and trademarks before the US Patent and Trademark Office.
Andrew is frequently sought after for his legal expertise. He has appeared on CNBC’s Squawk Box and has been featured on KCEO radio as a commentator on intellectual property law. He served as an expert witness on trademark law in California state court, presented on issues of IP to numerous trade groups, schools, and industry clients, and has spoken at the University of San Diego and San Diego State University regarding intellectual property and entertainment law. He serves on the board of multiple local non-profits, including Chelsea’s Light Foundation and the U.S.-Georgia Friendship Association, along with serving on the Advisory Board of ZIP Launchpad, an on-campus incubator at San Diego State University, which supports university affiliated startup companies.
Andrew is a professional magician and member of The Academy of Magical Arts (The Magic Castle).
He also has managed a number of little league baseball, softball, and basketball teams as well as the school sponsored Science Olympian teams.
Andrew is a skilled intellectual property attorney and commercial litigator who is adept at handling a wide array of matters. He litigates patent, trademark, and copyright disputes in courts around the country, and prosecutes patents and trademarks before the US Patent and Trademark Office. His capabilities also encompass entertainment law and general commercial litigation. Companies in diverse sectors — technology, consumer products, life sciences, manufacturing, nonprofits, arts and entertainment, among others — seek his representation in cases, disputes, contract negotiations, and settlement discussions. His breadth of work has involved famous intellectual property rights, as well as startup companies just developing their rights. Andrew has been internationally recognized for his trademark legal skills, having received a prestigious Silver Medal in California from WTR (“World Trademark Review”) for both prosecution and litigation.
Experience
- Manage and protect global patent portfolio for Ruby Tuesday, Inc.
- Represented SpinMaster, a leading global children's entertainment company, in a patent infringement case related to the company's Zero Gravity® Laser toy vehicle, which was named "Best Toy" by Popular Mechanics at the 2019 Toy Fair. Obtained a preliminary injunction in December 2019 enjoining the sales of the infringing toys by defendant, which was appealed. The parties settled their dispute and the case was dismissed by stipulation.
- Manage and protect global patent portfolio for &pizza.
- Successfully represented former NFL linebacker, 3x pro bowl, Rookie of the Year, Shawne Merriman in numerous IP matters, including litigation against Under Armour Inc.
- Represents Acorns in patent and trademark matters around the world.
- Represents Black Girls Rock! with respect to trademark matters.
- Represents Silk Road Medical in trademark matters around the world.
- Represents PriceSmart in global intellectual property matters,
- Represents Barnana with respect to trademark matters.
- Represents Orchid cryptocurrency in global trademark matters.
- Represents toy company BOTI International Ltd. in global trademark matters.
- Represents Evofem Biosciences, Inc. in global trademark matters.
- Represents Skillz in global trademark matters.
- Represents X-Artists Books with respect to trademark matters
- Successfully represented MMA fighter Rampage Jackson in a lawsuit with his former manager.
- Represented SeQual Technologies, Inc. in a patent infringement lawsuit, obtaining a favorable settlement.
- Settled a case for ASICS spokesperson/wrestler Jordan Burroughs in a dispute against Burroughs' previous licensee. Represented ASICS in a contract litigation involving Lutte Licensing.
- Successfully licensed the Bel Air brand for numerous film and television projects
- Settled a patent infringement case for Chart Industries, Inc. against GP Strategies Corporation and continues to represent Chart Industries, Inc. in its patent matters before the US Patent and Trademark Office
- Representing The Brain Observatory, a non-profit research and public benefit organization, in trademark and licensing matters.
- Represents Upper Deck International in a litigation adverse to The Upper Deck Company.
- Represents Pony, Inc. in its trademark matters around the world
- Represented Michelle “Bombshell” McGee in a contract dispute.
- Represented Stephen Slesinger, Inc. regarding rights to the Winnie-the-Pooh characters, obtaining summary judgment against the Walt Disney Company
- Represented Stormceptor Corp., obtaining a favorable jury verdict of patent infringement.
- Represented New Name, Inc. against Disney Enterprises, Inc., regarding trademark and copyright infringement, obtaining a favorable settlement.
- Represents Red Ryder with respect to trademark matters.
- Represented Cook Like a Chef, Inc., regarding the television program, Cook Like a Chef.
- Assist Fantasy Sports, LLC in managing their growing IP portfolio.
- Represents the Sierra Nevada Corporation in various intellectual property matters.
- Represented Avid Identification Systems, Inc., obtaining a mandatory preliminary injunction against Banfield, the Pet Hospital.
- Representing Chelsea’s Light Foundation, a non-profit organization working to protect children from sexual predators, in trademark and contractual matters.
- Represented Intel Corporation, obtaining summary judgment against a major competitor
- Represented Equiplite, in a patent infringement litigation, obtaining a favorable result.
- Represented Clariti Eyewear, Inc. in successfully appealing to the Federal Circuit, obtaining summary judgment in a patent infringement case. See Aspex Eyewear, Inc. v. Clariti Eyewear, Inc., 605 F. 3d 1305 (Fed. Cir. 2010)
- Represented Angles BeautyCare Group, Inc. in a jury trial concerning trademark infringement and unfair competition, obtaining a favorable settlement
- Represents Bullets2Bandages, an apparel brand designed to give thanks to veterans and their families, in various intellectual property matters.
- Represented Pony, Inc. in two separate trademark disputes against Ford Motor Company and Nike, obtaining favorable results in each case.
- Obtained judgment for client and maximum statutory damages award for cybersquatting, trademark infringement, and unfair competition
- Obtained a $12 million summary judgment motion for a breach of contract related to pet food ingredients.
- Settled a patent infringement case for Suicide Fantasy Sports against ESPN Inc.
- Truveris, Inc. v. SkySail Concepts, LLC (Fed. Cir. 23-1024) - Represented SkySail Rx as Defendant-Appellee in an appellate case adverse to Truveris related to a patent for a computer system that manages the selection of prescription drug plans. The Federal Circuit issued a per curiam summary affirmance of the District Court’s order granting SkySail’s motion to dismiss the case.
viewpoints
Webinar Recording: Boilerplate Contract Clauses Through the Litigator’s Lens: Starting the New Year off Right
January 30, 2023 | Webinar | By Andrew D. Skale, Daniel Pascucci, Nicole Rivers
This program focuses on pitfalls and risks of using boilerplate contract language in business contracts and recent developments in employment law that make arbitration agreements more favorable if drafted correctly.
Life-Changing Support Services Help Veterans Move Forward
February 28, 2022 | Article
EXCLUSIVE RIGHTS: Intellectual Property — Protecting Music (and Other Creative Works) with Copyrights
July 8, 2021 | Podcast | By Daniel Weinger, Andrew D. Skale
How NFTs and Blockchain Secure Digital Sports Collectibles
May 24, 2021 | Blog | By Andrew D. Skale
Obviousness-Type Double Patenting and Divisional Applications in Canada
March 23, 2021 | Blog | By Andrew D. Skale
Understanding Chinese Voluntary Divisional Application Patent Practice
February 10, 2021 | Blog | By Andrew D. Skale
Recreating the Prior Art
October 7, 2020 | Blog | By Andrew D. Skale
Ex parte WILHELM HEINE: PTAB Rejects Examiner’s Unreasonable Claim Construction
October 7, 2019 | Blog | By Andrew D. Skale
U.S. Supreme Court Holds That Copyrights Must Be Registered before Plaintiffs Can File Infringement Suits
March 5, 2019 | Blog | By Susan Neuberger Weller, Andrew D. Skale
Trade Dress Protection
August 27, 2018 | Video | By Andrew D. Skale
News & Press
Mintz’s Trademark Practice Recognized in 2024 WTR 1000 Rankings
February 06, 2024
NEW YORK, SAN DIEGO, and WASHINGTON, DC - Mintz has been recognized in the 2024 edition of WTR 1000: The World’s Leading Trademark Professionals, marking the fourth consecutive year of acknowledgement by the World Trademark Review. This guide identifies the top trademark professionals and firms in over 80 jurisdictions worldwide. This year, WTR ranked Mintz in New York as a leading firm for “Enforcement and Litigation” and “Prosecution and Strategy.”
Mintz’s Trademark Practice Recognized in 2023 WTR 1000 Rankings
February 14, 2023
NEW YORK, SAN DIEGO, and WASHINGTON, D.C. – Mintz has been recognized in the 2023 edition of “WTR 1000: The World’s Leading Trademark Professionals”—a unique guide that identifies the top trademark professionals in key jurisdictions around the globe.
Roller Derby Team Ups Heat in Cleveland Guardians Trademark Fight
October 29, 2021
Cleveland Team Sued by Roller Derby Team Over Guardians Name Change
October 28, 2021
Mintz, Practitioner Ranked in 2021 World Trademark Review 1000
February 23, 2021
How to Avoid Someone Stealing Your Restaurant Décor
February 7, 2018
Equitable Estoppel: What You Need to Know to Protect Yourself
August 18, 2017
Twelve Mintz Attorneys Named 2017 Southern California Super Lawyers and Rising Stars
February 14, 2017
Ex-NFL Linebacker Files Suit Over 'Lights Out' Pajamas
April 12, 2016
Eleven Mintz Members Named Southern California Super Lawyers
January 17, 2014
Nine Mintz Members Named San Diego Super Lawyers
June 10, 2013
Events & Speaking
Essential Copyright: It's What You Need to Know
The State Bar of California
Universal Hilton 555 Universal Hollywood Drive, Universal City, CA
The Fine Print Matters – Boilerplate Contract Clauses Through the Litigator’s Lens
Association of Corporate Counsel - San Diego Chapter
San Diego, CA
Andrew is a skilled intellectual property attorney and commercial litigator who is adept at handling a wide array of matters. He litigates patent, trademark, and copyright disputes in courts around the country, and prosecutes patents and trademarks before the US Patent and Trademark Office. His capabilities also encompass entertainment law and general commercial litigation. Companies in diverse sectors — technology, consumer products, life sciences, manufacturing, nonprofits, arts and entertainment, among others — seek his representation in cases, disputes, contract negotiations, and settlement discussions. His breadth of work has involved famous intellectual property rights, as well as startup companies just developing their rights. Andrew has been internationally recognized for his trademark legal skills, having received a prestigious Silver Medal in California from WTR (“World Trademark Review”) for both prosecution and litigation.
Recognition & Awards
San Diego Super Lawyers: Intellectual Property Litigation (2019 - 2021)
Southern California Super Lawyers: Intellectual Property Litigation (2013 - 2017)
World Trademark Review: WTR 1000: Silver Tier in Enforcement and Litigation for California (2024)
San Diego Daily Transcript: Top Attorney: Intellectual Property Litigation, Intellectual Property Transactional (2008)
Andrew is a skilled intellectual property attorney and commercial litigator who is adept at handling a wide array of matters. He litigates patent, trademark, and copyright disputes in courts around the country, and prosecutes patents and trademarks before the US Patent and Trademark Office. His capabilities also encompass entertainment law and general commercial litigation. Companies in diverse sectors — technology, consumer products, life sciences, manufacturing, nonprofits, arts and entertainment, among others — seek his representation in cases, disputes, contract negotiations, and settlement discussions. His breadth of work has involved famous intellectual property rights, as well as startup companies just developing their rights. Andrew has been internationally recognized for his trademark legal skills, having received a prestigious Silver Medal in California from WTR (“World Trademark Review”) for both prosecution and litigation.
Involvement
- Board Member, Chelsea's Light Foundation
- Board Member, U.S. - Georgia Friendship Association
- Advisory Board, ZIP Launchpad Incubator
- Arbitrator, Better Business Bureau (2000 – present)
Recent Insights
NEW YORK, SAN DIEGO, and WASHINGTON, DC - Mintz has been recognized in the 2024 edition of WTR 1000: The World’s Leading Trademark Professionals, marking the fourth consecutive year of acknowledgement by the World Trademark Review. This guide identifies the top trademark professionals and firms in over 80 jurisdictions worldwide. This year, WTR ranked Mintz in New York as a leading firm for “Enforcement and Litigation” and “Prosecution and Strategy.”
NEW YORK, SAN DIEGO, and WASHINGTON, D.C. – Mintz has been recognized in the 2023 edition of “WTR 1000: The World’s Leading Trademark Professionals”—a unique guide that identifies the top trademark professionals in key jurisdictions around the globe.
