John D. Tran
| Practice Areas | Patent & Trademark Litigation, Patent/Trademark Registrations, Trademark Opposition/Cancellations, Franchise law, Internet Domain Disputes, Copyrights |
John D. Tran is a Registered Patent Attorney and an Intellectual Property Trial Lawyer. Mr. Tran is a Partner at Ardent and handles both prosecution/registration and litigation matters involving all aspects of intellectual property, including: patent, trademark, copyright, internet disputes, ITC proceedings, franchise and unfair competition. For his accomplishments, Mr. Tran is recognized as a Super Lawyers’ "Rising Star" by FindLaw (a division of Thomson Reuters), an honor reserved for the top 2.5% of lawyers in Southern California under the age of 40. Under his guidance, Ardent has been ranked as one of the nation’s top patent & trademark law firms in the nation by IP Today Magazine since 2007.
Although less than 5% of patent cases per year ever proceed to trial, in 2010, Mr. Tran has already successfully litigated a patent infringement case through trial and jury verdict in a Federal Court of the 9th Circuit. In addition, Mr. Tran has litigated trademark matters before both the Federal Courts and before the Trademark Trials and Appeals Board (“TTAB”). Before the TTAB, Mr. Tran has an unblemished record of success in obtaining and defending against cancellation/opposition proceedings. In regards to trademark prosecution, Mr. Tran manages entire trademark portfolios of several multi-million dollar companies worldwide and serves as General Trademark Counsel to Lee’s Sandwiches International, Inc.
His experience and knowledge as a patent trial lawyer also provides Mr. Tran the ability to draft patent applications that withstand litigation. He routinely handles infringement opinions, validity studies, invention consulting, patent portfolio audits, and patent licenses. Mr. Tran has authored various patent applications on technologies ranging from medical devices, software, business methods, and simple to complex mechanical devices. In addition, he has obtained numerous design patent applications for the apparel, computer, automotive and furniture industries. He serves clients worldwide and has represented companies based in Taiwan, China, Korea, UK and Vietnam.
Mr. Tran also devotes his time to numerous pro-bono activities such as serving on the board of various non-profit organizations and on his free time, participates in youth summer camps mentoring and counseling under privileged teens and youth in the Foster Care System.
| Education | B.S. in Nuclear Medicine Science with Minor in Biology, (Cum laude), University of the Incarnate Word, 1996; J.D. Whittier Law School with Certification in Intellectual Property, 2002 |
| Admissions | Supreme Court of California, Central District of California; Court of Appeals Federal Circuit; Court of Appeals for the Ninth Circuit; United States Patent & Trademark Office, 2001. |
| Memberships |
OCAABA (Orange County Asian American Bar Association) OCPLA (Orange County Patent Law Association) Vietnamese American Bar Association ABA (American Bar Association) AIPLA (American Intellectual Property Law Association) INTA (International Trademark Association) |
| Awards & Recognitions |
John D. Tran was selected as 2009 & 2010 Rising Star® by Super Lawyers magazine in the category of Intellectual Property.
Awarded a VANG Golden Torch™ Award for Honorary Service as Executive Director for the Vietnamese American National Gala 2009.American National Gala 2009. |
Representative Litigation Matters::
Burger King Corporation vs. Lee's Sandwiches International, Inc. (TTAB 2010)
Currently representing Lee's Sandwiches in a trademark opposition matter against Burger King involving the YOUR WAY trademarks.
Harald Richter v. SUPA Technology Co. Ltd. et. al.-(NV District. 2009).
In a four day jury trial involving a patent infringement case, Mr. Tran, serving as the co-lead counsel for the defense, successfully obtained a jury verdict reducing the plaintiff’s potential monetary award damages by several million dollars, resulting in a favorable settlement after trial for the defendant.
Planet Coffee Roasters, Inc. vs. Hung Dam dba Planet Coffee; No. SACV 09-571MLG (C.D. Cal. 2009)
Currently representing Plaintiff in a trademark infringement case in the coffee industry.
GPS Industries, Inc. et. al v. Altex Corporation et. al. ; No. 3:07-CV-0831-K (Tex N.D. 2008)
Successfully represented Defendant in patent infringement case involving golf gps devices. Lawsuit dismissed.
SAP AG of Germany vs. UNSAP, INC. Case No. D2009-0297 (ICANN DISPUTE) (2009)
Represented Defendant domain name owner in an internet domain dispute filed by Plaintiff over the domain name www.unisap.com before WIPO Arbitration Board. Successfully filed opposition brief and had internet domain case dismissed.
Liu-Yu Yin vs. Adva-Lite, Inc. et. al. No. SACV07-1390 CJC (C.D. Cal. 2008).
Represented Patent owner in a complex patent infringement case involving nearly 50 defendants over use of a patented pen technology. Successfully negotiated licenses on behalf of Patent owner with many defendants and obtained default actions against several defendants.
Ground Designs 2000, Inc. v. Extreme Dimensions, Inc. et. al. No. CV 04-4254 SJO (C.D. Cal. 2005). Represented the defendant and manufacturer of aftermarket automobile performance products in a patent infringement, trade dress and copyright case in the central district court. Plaintiff’s demanded millions in damages. Successfully presented non-infringement evidence to Plaintiff and forced settlement for nominal amount.
HDN Development Corporation v. Lee’s Sandwiches International, LLC, TTAB Opposition No. 91167483. (2005). Represented defendant Lee’s Sandwiches which owns a popular restaurant chain offering Vietnamese style sandwiches and coffee against a trademark opposition filed by Plaintiff HDN Development Corporation, owner of the popular Krispy Kreme Doughnut Franchise over the “HOT DOUGHNUTS NOW” sign. Successfully defended against the opposition and opposition was dismissed and Lee’s Sandwiches trademark “HOT BAGUETTES NOW” was successfully registered with the USPTO.
