Partner
Naresh's broad experience in U.S. district court and appellate litigation includes jury trials, examining witnesses and handling oral arguments, conducting mock trials, taking and defending depositions, coordinating expert discovery, overseeing the design and implementation of trademark surveys, participating in hearings and judicial conferences, negotiating settlements, and representing clients in mediations. He has authored numerous briefs and motions on a wide range of issues, including motions for and against temporary restraining orders, ex parte seizures, asset freezes, expedited and ex parte discovery, preliminary injunctive relief, summary judgment, and appeals. Naresh has also litigated numerous cases at the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (USPTO).
Prior to joining Finnegan, Naresh served as in-house counsel at Turner Broadcasting System. He advised internal business clients on all aspects of copyright and entertainment law, including clearances of rights, content agreements, production agreements, distribution agreements, transactional issues, and due diligence.
Marilyn D. Mintz v. Subaru of America, Inc.
At the lower court, Finnegan prevailed on a Rule 12(b)(6) motion for client Subaru of America. In that suit, the plaintiff asserted trademark and copyright infringement, trademark dilution, and false advertising against Subaru’s annual “Share the Love” holiday-season campaign, which donates money from car purchases to various buyer-designated national and local charities. Subaru’s campaign uses a particular logo comprised of a heart on a hand, and various other “love”-themed designs.
The plaintiff sought enhanced damages, punitive damages over $20 million, and attorneys’ fees. Subaru’s motion to dismiss was based largely on the facial dissimilarities between the parties’ respective designs, which the U.S. District Court for the Northern District of California granted on all counts asserted in the complaint, without leave to further amend.
The plaintiff appealed to the Ninth Circuit, which affirmed the lower court’s decision after finding that the plaintiff did not plausibly allege any claim. The appeals court later denied plaintiff’s petition for rehearing. Consistent with the lower court’s opinion, the Ninth Circuit ruled that the marks at issue were so facially dissimilar that they could not plausibly create a likelihood of confusion, and affirmed the dismissal of the trademark dilution, copyright infringement, and false advertising claims for the same reasons, resulting in a complete win for Subaru.
16-16840, 9th Cir., Judges Lucero, Owens, Thomas
3:16-cv-03384, N.D. Cal., Judge Chesney
LG Electronics MobileComm U.S.A., Inc. v. Xiaowen
3:16-cv-01162, S.D. Cal., Judges Sammartino, Stormes
Ashe v. The PNC Financial Services Group, Inc.
15-2566, 4th Cir., Judges Keenan, King, Wilkinson
8:15-cv-00144, D. Md., Judge Grimm
Shell Oil Co. v. Warren Unilube, Inc.
Served as second chair counsel for Shell Oil in trade dress infringement litigation that settled successfully the day before trial.
4:09-cv-02851, S.D. Tex., Judge Ellison
Pucci International, Ltd. v. Emilio Pucci International B.V.
Served as first chair counsel for fashion house Emilio Pucci in successful litigation against company attempting to register a similar name at the USPTO.
Opp. No. 92047394, TTAB, Judge Vogler
Sony Group Corporation v. Neil A. Campbell
Opp. No. 91245851, TTAB, Judges Zervas, Lykos, Larkin
Event
Managing Trademark Enforcement Matters: What In-House Counsel Needs to Know Managing Trademark Enforcement Matters: What In-House Counsel Needs to Know
July 21, 2022
Webinar
Event
Wanting Something Does Not Give You the Right to Have It – Protecting Your Brands and Copyrights Wanting Something Does Not Give You the Right to Have It – Protecting Your Brands and Copyrights
April 15, 2021
Webinar
Articles
Trademarks – What Game Developers Should Know Trademarks – What Game Developers Should Know
March 29, 2021
International Game Developers AssociationEvent
IP Issues Facing the Textiles and Materials Industries IP Issues Facing the Textiles and Materials Industries
September 30, 2020
Webinar
"Naresh is a great partner to have on your side. He brings extensive litigation experience and is an effective communicator."
World Trademark Review WTR 1000
"Brand counsellor and enforcement expert Naresh Kilaru adds unfair competition, trade secret and right of publicity issues to his strong trademark and copyright repertoire. Equally comfortable with cross-border registrations as district court litigation, Kilaru is another jack-of-all-trades on Finnegan’s very deep bench."
World Trademark Review WTR 1000
“Naresh Kilaru is a Swiss Army knife of a trademark lawyer, who applies the right skills to the right tasks in an impressive display of efficiency.”
World Trademark Review WTR 1000
“Naresh, as a team lead, will deliver the most from his team…at the same time he is conscious in keeping the cost low. He makes himself available for discussion even at a short notice.”
Legal 500 United States
“‘Naresh is great for the most sophisticated trademark matters affecting your key brands. His skills are formidable; in litigation, for example, he demonstrates a complete knowledge of the facts and the law and is able to think on his feet. Through creative strategies and aggressive discovery, Naresh can negotiate favourable outcomes before cases proceed to trial. He is a fierce advocate but keeps clients’ business interests in mind through a case. On the portfolio side, he is outstanding and gives common sense, commercially guided answers to complex questions.’”
World Trademark Review WTR 1000
“Naresh has a refined and evolved understanding of U.S. trademark law. His articulation of issues and solutions set out in briefs is highly impressive. Naresh’s arguments are logical and well-reasoned and communicated with such a degree of clarity that it is obvious he has a gift for legal writing. His litigation skills are deserving of the same praise and his performance at trial is formidable. Naresh projects assuredness and has a distinguished presence; he firmly grasps the complex facts and laws governing a case, while also thinking quickly on his feet.”
World Trademark Review WTR 1000
"Naresh is a great partner to have on your side. He brings extensive litigation experience and is an effective communicator."
World Trademark Review WTR 1000
"Brand counsellor and enforcement expert Naresh Kilaru adds unfair competition, trade secret and right of publicity issues to his strong trademark and copyright repertoire. Equally comfortable with cross-border registrations as district court litigation, Kilaru is another jack-of-all-trades on Finnegan’s very deep bench."
World Trademark Review WTR 1000
“Naresh Kilaru is a Swiss Army knife of a trademark lawyer, who applies the right skills to the right tasks in an impressive display of efficiency.”
World Trademark Review WTR 1000
“Naresh, as a team lead, will deliver the most from his team…at the same time he is conscious in keeping the cost low. He makes himself available for discussion even at a short notice.”
Legal 500 United States
“‘Naresh is great for the most sophisticated trademark matters affecting your key brands. His skills are formidable; in litigation, for example, he demonstrates a complete knowledge of the facts and the law and is able to think on his feet. Through creative strategies and aggressive discovery, Naresh can negotiate favourable outcomes before cases proceed to trial. He is a fierce advocate but keeps clients’ business interests in mind through a case. On the portfolio side, he is outstanding and gives common sense, commercially guided answers to complex questions.’”
World Trademark Review WTR 1000
“Naresh has a refined and evolved understanding of U.S. trademark law. His articulation of issues and solutions set out in briefs is highly impressive. Naresh’s arguments are logical and well-reasoned and communicated with such a degree of clarity that it is obvious he has a gift for legal writing. His litigation skills are deserving of the same praise and his performance at trial is formidable. Naresh projects assuredness and has a distinguished presence; he firmly grasps the complex facts and laws governing a case, while also thinking quickly on his feet.”
World Trademark Review WTR 1000
Award/Ranking
Finnegan Ranked Top Tier in The Legal 500 2024 Rankings Finnegan Ranked Top Tier in The Legal 500 2024 Rankings
June 13, 2024
The Legal 500Award/Ranking
Finnegan Tops the 2024 World Trademark Review 1000, Receiving New Regional Accolade Finnegan Tops the 2024 World Trademark Review 1000, Receiving New Regional Accolade
February 13, 2024
World Trademark ReviewCommentary
Timberland Tells 4th Circ. Boots Deserve TM Protection Timberland Tells 4th Circ. Boots Deserve TM Protection
January 24, 2024
Law360Commentary
More Begets More: How Firms Snatch up TTAB Work More Begets More: How Firms Snatch up TTAB Work
December 1, 2023
Managing Intellectual PropertyPress Release
The Legal 500 Ranks Finnegan a Top Tier Firm for 2023 The Legal 500 Ranks Finnegan a Top Tier Firm for 2023
June 12, 2023
The Legal 500Media Mention
ASOS Must Face Lace Maker's Design Copyright Suit ASOS Must Face Lace Maker's Design Copyright Suit
May 17, 2023
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