Daniel Gaitan is a litigator with a focus on intellectual property and technology matters. He counsels clients in a wide range of industries, including manufacturing, technology, fashion, financial, retail, and entertainment. He also provides strategic counseling to clients as to pre-litigation disputes, global enforcement programs, and other internet-based intellectual property issues.
Prior to joining the firm, Daniel was an associate in the Redwood City, California office of an international law firm where he managed, protected, and enforced intellectual property rights for domestic and international clients.
While attending law school, Daniel was selected by J. Thomas McCarthy to update the latest edition of McCarthy on Trademarks and Unfair Competition, which has been cited in over 5,000 judicial opinions, including thirteen U.S. Supreme Court rulings, as well as J. Thomas McCarthy’s “The Rights of Publicity and Privacy” treatise. Daniel was also part of the team that won the International Trademark Association’s (INTA) 2017 Saul Lefkowitz National Moot Court Competition, taking first place in the Best Oralist category and Best Team Overall. Daniel also served as executive editor of the Intellectual Property and Technology Law Journal and assisted David Franklyn, who is considered one of the nation's preeminent experts on intellectual property and technology law. Daniel was a senior research fellow for the McCarthy Institute of Intellectual Property and Technology Law.
In conjunction with his coursework at Beijing Foreign Studies University, Daniel worked at a preeminent Chinese law firm where he focused on trademark prosecution and litigation.
*Represented a multinational technology company, a leading integrated precision manufacturer of plastics, rubber, silicone, and metal engineering components, to protect its intellectual property and contract rights nationally.
*Obtained favorable settlement for Client regarding his copyright rights in popular fitness book.
*Obtained favorable results in Uniform Domain Name Dispute Resolution Policy complaints for retail, cannabis, and technology clients arising out of trademark infringement, unfair competition, related state deceptive trade practices laws and copyright infringement.
*Advised on the enforcement of patent, copyright, and trademark rights for California-based technology companies.
*Experience gained by attorney prior to joining Kilpatrick
University of California, Berkeley, School of Law LL.M. (2020) with high honors, Dean's List
University of La Verne B.A., Political Science (2015)
University of San Francisco School of Law J.D., Intellectual Property Law Certificate (2018) with honors
U.S. District Court for the Central District of California
U.S. District Court for the Northern District of California
2017 INTA's Saul Lefkowitz National Moot Court Champion – Best Oralist and Best Team Overall
2017 INTA's Saul Lefkowitz Regional Moot Court Champion – 1st Place
University of San Francisco School of Law, Intellectual Property and Technology Law Journal, Former Executive Editor
International Trademark Association, Member
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