Partner
Mark Sommers is frequently named as one of the nation's elite trademark litigators and practitioners. Peer reviews and rankings, like World Trademark Review 1000 and The Legal 500, place him at the very pinnacle of the profession. Praise for Mark in the WTR 1000 is effusive: "Mark blends formidable legal skills with plain street-smarts. He is seasoned and comfortable in the court, and can distill down complicated issues and facts and then smoothly present them;" "he is a superlative lawyer, with superb legal know-how and an acute business sense;" "he is the perfect outside counsel. A battle-tested litigator, his skills are mature, and he operates with surgical precision...Mark is comfortable in court and has magnificent intuition;" "...a lightning rod for praise, as one client states: 'Simply put, I can think of no other attorney more creative, efficient and effective or for whom I have greater respect; he is the complete package: a convincing advocate, a masterful strategist and a real-world counsellor who adds tremendous value and exceeds even the loftiest expectations.'"
Mark provides a full range of services in the trademark, unfair competition, and false advertising arena, including litigation before the federal district courts, federal appellate courts, and Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (USPTO); strategic portfolio review and counseling; trademark and name clearance and prosecution; infringement analysis; empirical research and surveys; damages; intermediary liability; and rights of publicity.
Long ranked among the top trademark lawyers in the United States and around the world by The Legal 500 U.S., World Trademark Review 1000, World IP Review, and assorted others, Mark has handled a vast array of trademark, trade dress, product configuration, unfair competition, domain name, diversion, design, false advertising, and rights of publicity cases. WTR 1000 has ranked Mark regionally, nationally, and globally for his contributions to the fields of litigation and prosecution. Given his decades of experience, he has also gained a reputation for masterminding and implementing comprehensive strategies targeted at acquiring and enforcing core branding rights, while culling or aggregating bloated brand portfolios, resulting in substantial cost savings to clients.
In addition to representing the interests of top-tier U.S. brand owners, Mark also represents many European and Asian leading brand owners, where he has gained an appreciation of foreign companies' sensitivity to U.S. practice and procedure. He has authored numerous articles about trademarks and unfair competition. He frequently presents to both U.S. and international audiences and regularly provides press commentary on high-profile, newsworthy trademark and related cases, developments, and issues.
LG Electronics MobileComm U.S.A., Inc. v. Xiaowen
3:16-cv-01162, S.D. Cal., Judges Sammartino, Stormes
Sony Group Corporation v. Neil A. Campbell
Opp. No. 91245851, TTAB, Judges Zervas, Lykos, Larkin
CFA Institute v. American Society of Pension Professionals & Actuaries et al.
3:19-cv-00012, W.D. Va., Judge Moon
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
Ashe v. The PNC Financial Services Group, Inc.
15-2566, 4th Cir., Judges Keenan, King, Wilkinson
8:15-cv-00144, D. Md., Judge Grimm
Hybrid Conference
Intellectual Property Law Institute 2025 Intellectual Property Law Institute 2025
October 20-21, 2025
San Francisco
Articles
Dewberry Ruling Is a Wakeup Call for Trademark Owners Dewberry Ruling Is a Wakeup Call for Trademark Owners
March 7, 2025
Law360Articles
'Dewberry' Case May Raise Costs and Liability for US Corporates 'Dewberry' Case May Raise Costs and Liability for US Corporates
July 3, 2024
World Intellectual Property ReviewSeminar
Taiwan IP Training Academy International Seminar: Trademark Layout and Litigation Attack and Defense Taiwan IP Training Academy International Seminar: Trademark Layout and Litigation Attack and Defense
November 17, 2023
Taipei
Articles
Court Decision in Hermès NFT Case Offers Brands Protection from Trademark Infringement Court Decision in Hermès NFT Case Offers Brands Protection from Trademark Infringement
April 3, 2023
Retail Touchpoints"...the esteemed Mark Sommers, who brings a deep strategic playbook and a knack for devising practical solutions to almost any challenge. Sommers is lauded for his 'very enhanced business understanding. He is exceptionally skilled; service minded and consistently delivers high quality work.'"
World Trademark Review WTR 1000
"Sommers shines as 'a business-savvy outside counsel with exceptional legal skills and experience. He combines street smarts with cerebral legal acumen, leading to winning strategies and business successes. Mark is practical and sensible in his approach, yet shrewd and masterfully disarming, making him a pleasure to watch. His competence and intelligence set a high bar for outside counsel, delighting even the most seasoned in-house counsel.'"
World Trademark Review WTR 1000
"Mark Sommers has been supporting our trademark legal risk management for almost a decade and has constantly delivered strategic advice and brilliant arguments to help us secure winning results."
The Legal 500 U.S.
"On the Trademark (non-contentious) side, we have worked with Mark Sommers and his associates, including Lisa London. Significantly, they have in-depth knowledge of and experience with the online marketplaces of today. They have adapted their legal strategies and support in a way that allows us to best enforce our existing IP rights and create new IP rights so as to achieve significant business impact, given these new online realities."
The Legal 500 U.S.
"Mark is a well-regarded litigator who performs brilliantly in multi-jurisdictional disputes and provides strong strategic advice."
World Trademark Review WTR 1000
"Mark Sommers is the perfect advisor as he knows about our business and, based on his great experience, provides advice and solutions – best in class."
The Legal 500 U.S.
"Mark Sommers is an outstanding attorney. We are confident that Mark always positions our cases to achieve the best result for the business."
The Legal 500 U.S.
"Mark Sommers is an exceptional advisor and litigator. He has provided numerous solid solutions and has an overview and experience as only few in the business."
The Legal 500 U.S.
"He [Chip Rettew] and Mark Sommers have been hailed as 'stellar lawyers. They are tenacious in representing their clients’ interests'. Of Sommers, another source adds that: 'He is a very practical, excellent lawyer with great litigation skills and is equally accomplished managing portfolios.'"
World Trademark Review WTR 1000
“‘Mark blends formidable legal skills with plain street-smarts. He is seasoned and comfortable in the court, and can distil down complicated issues and facts and then smoothly present them, so they are simply understood, reasoned and decided.’”
World Trademark Review WTR 1000
“Mark Sommers is actually one of the most dynamic and impressive trademark litigators I have ever worked with.”
The Legal 500 U.S.
“Mark Sommers is a superlative lawyer, with superb legal know-how and an acute business sense; he is the perfect outside counsel. A battle-tested litigator, his skills are mature and he operates with surgical precision. Mark understands how to position a case in the most effective way, he is comfortable in court and has magnificent intuition. When it comes to prosecution, he has the innate ability to manage strategic IP portfolio issues considering long-term goals. Another bonus for clients is that Mark is happy to give off-the-cuff, common-sense answers to complex legal questions when they crop up.”
World Trademark Review WTR 1000
“Mark Sommers is a nationally recognised litigator and a lightning rod for praise, as one client states: ‘Simply put, I can think of no other attorney more creative, efficient and effective or for whom I have greater respect.’”
World Trademark Review WTR 1000
“He is the complete package: a convincing advocate, a masterful strategist and a real-world counsellor who adds tremendous value” and “exceeds even the loftiest expectations.”
World Trademark Review WTR 1000
“Mark Sommers ‘brings to the table huge amounts of technical knowledge, industry experience, business and common sense, and practical advice.’”
The Legal 500 U.S.
“Fellow courtroom sharpshooter Mark Sommers is ‘outstanding in all contentious matters.’ ‘With his incredible experience, he understands the nuances of complex negotiations and thinks outside the box.’”
World Trademark Review WTR 1000
“…Mark Sommers has ‘incredible litigation experience and out-of-the-box thinking capacity.’”
World Trademark Review WTR 1000
“Mark Sommers creates and enforces sound strategies for his clients’ marques, which include valuable gaming, entertainment, and software brands.”
World Trademark Review WTR 1000
“Recommended lawyers include the...‘experienced and pragmatic’ Mark Sommers…”
The Legal 500 U.S.
“Sommers registers, maintains and defends rights with equal aplomb and is adept at helping European and Asian companies to navigate the US legal system.”
World Trademark Review WTR 1000
“Mark Sommers has impressed many foreign brand owners with his resourcefulness.”
World Trademark Review WTR 1000
“[The team] includes the ‘outstanding’ Mark Sommers, who ‘really understands the strategic importance of IP.’”
The Legal 500 U.S.
“Mark Sommers is an ‘exceptionally good attorney.'”
The Legal 500 U.S.
“‘Mark is responsive, dedicated, reliable, intuitive, proactive, practical and gifted. He blends sophisticated legal skills with plain street smarts and keeps his eye sharply trained on key long-term goals and overall business visions.’”
World Trademark Review WTR 1000
"...the esteemed Mark Sommers, who brings a deep strategic playbook and a knack for devising practical solutions to almost any challenge. Sommers is lauded for his 'very enhanced business understanding. He is exceptionally skilled; service minded and consistently delivers high quality work.'"
World Trademark Review WTR 1000
"Sommers shines as 'a business-savvy outside counsel with exceptional legal skills and experience. He combines street smarts with cerebral legal acumen, leading to winning strategies and business successes. Mark is practical and sensible in his approach, yet shrewd and masterfully disarming, making him a pleasure to watch. His competence and intelligence set a high bar for outside counsel, delighting even the most seasoned in-house counsel.'"
World Trademark Review WTR 1000
"Mark Sommers has been supporting our trademark legal risk management for almost a decade and has constantly delivered strategic advice and brilliant arguments to help us secure winning results."
The Legal 500 U.S.
"On the Trademark (non-contentious) side, we have worked with Mark Sommers and his associates, including Lisa London. Significantly, they have in-depth knowledge of and experience with the online marketplaces of today. They have adapted their legal strategies and support in a way that allows us to best enforce our existing IP rights and create new IP rights so as to achieve significant business impact, given these new online realities."
The Legal 500 U.S.
"Mark is a well-regarded litigator who performs brilliantly in multi-jurisdictional disputes and provides strong strategic advice."
World Trademark Review WTR 1000
"Mark Sommers is the perfect advisor as he knows about our business and, based on his great experience, provides advice and solutions – best in class."
The Legal 500 U.S.
"Mark Sommers is an outstanding attorney. We are confident that Mark always positions our cases to achieve the best result for the business."
The Legal 500 U.S.
"Mark Sommers is an exceptional advisor and litigator. He has provided numerous solid solutions and has an overview and experience as only few in the business."
The Legal 500 U.S.
"He [Chip Rettew] and Mark Sommers have been hailed as 'stellar lawyers. They are tenacious in representing their clients’ interests'. Of Sommers, another source adds that: 'He is a very practical, excellent lawyer with great litigation skills and is equally accomplished managing portfolios.'"
World Trademark Review WTR 1000
“‘Mark blends formidable legal skills with plain street-smarts. He is seasoned and comfortable in the court, and can distil down complicated issues and facts and then smoothly present them, so they are simply understood, reasoned and decided.’”
World Trademark Review WTR 1000
“Mark Sommers is actually one of the most dynamic and impressive trademark litigators I have ever worked with.”
The Legal 500 U.S.
“Mark Sommers is a superlative lawyer, with superb legal know-how and an acute business sense; he is the perfect outside counsel. A battle-tested litigator, his skills are mature and he operates with surgical precision. Mark understands how to position a case in the most effective way, he is comfortable in court and has magnificent intuition. When it comes to prosecution, he has the innate ability to manage strategic IP portfolio issues considering long-term goals. Another bonus for clients is that Mark is happy to give off-the-cuff, common-sense answers to complex legal questions when they crop up.”
World Trademark Review WTR 1000
“Mark Sommers is a nationally recognised litigator and a lightning rod for praise, as one client states: ‘Simply put, I can think of no other attorney more creative, efficient and effective or for whom I have greater respect.’”
World Trademark Review WTR 1000
“He is the complete package: a convincing advocate, a masterful strategist and a real-world counsellor who adds tremendous value” and “exceeds even the loftiest expectations.”
World Trademark Review WTR 1000
“Mark Sommers ‘brings to the table huge amounts of technical knowledge, industry experience, business and common sense, and practical advice.’”
The Legal 500 U.S.
“Fellow courtroom sharpshooter Mark Sommers is ‘outstanding in all contentious matters.’ ‘With his incredible experience, he understands the nuances of complex negotiations and thinks outside the box.’”
World Trademark Review WTR 1000
“…Mark Sommers has ‘incredible litigation experience and out-of-the-box thinking capacity.’”
World Trademark Review WTR 1000
“Mark Sommers creates and enforces sound strategies for his clients’ marques, which include valuable gaming, entertainment, and software brands.”
World Trademark Review WTR 1000
“Recommended lawyers include the...‘experienced and pragmatic’ Mark Sommers…”
The Legal 500 U.S.
“Sommers registers, maintains and defends rights with equal aplomb and is adept at helping European and Asian companies to navigate the US legal system.”
World Trademark Review WTR 1000
“Mark Sommers has impressed many foreign brand owners with his resourcefulness.”
World Trademark Review WTR 1000
“[The team] includes the ‘outstanding’ Mark Sommers, who ‘really understands the strategic importance of IP.’”
The Legal 500 U.S.
“Mark Sommers is an ‘exceptionally good attorney.'”
The Legal 500 U.S.
“‘Mark is responsive, dedicated, reliable, intuitive, proactive, practical and gifted. He blends sophisticated legal skills with plain street smarts and keeps his eye sharply trained on key long-term goals and overall business visions.’”
World Trademark Review WTR 1000
Award/Ranking
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Finnegan Remains a Top Tier Firm in the 2025 Legal 500 Rankings Finnegan Remains a Top Tier Firm in the 2025 Legal 500 Rankings
June 11, 2025
The Legal 500Award/Ranking
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May 30, 2025
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