Photo of Allan  Gabriel

Allan Gabriel Member

Areas of Practice

Industries

Bar Admissions

  • New Jersey, 1975
  • California, 1977

Court Admissions

  • U.S. Supreme Court, 1979
  • U.S. Court of Appeals, 9th Circuit, 1978
  • U.S. District Court, Central District of California, 1978
  • U.S. District Court, Northern District of California, 1992
  • U.S. District Court, District of New Jersey, 1975

Education

Brooklyn Law School; Rutgers University, J.D.

Queens College of the City, University of New York, B.A.

Allan Gabriel serves as the Director of Dykema's Intellectual Property and Intellectual Property Litigation Department. Mr. Gabriel's practice focuses on intellectual property litigation involving patent, trademark and copyright infringement, trade secrets, false advertising and right of publicity claims on trial court and appellate levels. In addition, he has substantial experience in handling antitrust, unfair competition, internet related and general business litigation matters for a variety of industries including software development, high tech components, manufacturing, consumer food products, newspaper publication, as well as investors and entrepreneurs.

He has first chair trial experience in state and federal courts and in the International Trade Commission and has obtained published appellate opinions covering major trademark and trade secrets issues.

Experience

  • Obtained on behalf of a major foreign food company, whose 100 year old trademark was copied and registered by a domestic US company, a jury verdict of $0 in damages and no willful infringement and a post-trial court order finding laches barring any injunctive relief.
  • Obtained favorable claim construction and summary judgment of no literal infringement on behalf of a major gaming company in a multi-million dollar patent infringement case.
  • Obtained two California Court of Appeal published opinions first directing trial court to vacate reconsideration order and re-enter order granting summary judgment in favor of defendant newspaper publisher on multi-million dollar breach of contract claim arising from online advertising agreement and next affirming on appeal the grant of summary judgment.
  • Obtained at trial and preserved on appeal, in a published Ninth Circuit Court of Appeals opinion, an injunction and one million dollar damage award for trademark infringement, false advertisement and unfair competition in favor of machine tool manufacturer against an importer of "knock-off" merchandise.
  • Obtained appellate relief on behalf of an insurance company client, in a published California Court of Appeal opinion reversing the trial court denial of a preliminary injunction.  The appellate court ordered the entry of an injunction against a former employee prohibiting the solicitation of customers and other use of trade secret information.
  • Defeated preliminary injunction motion in trademark infringement and false advertising action brought against golf club company based solely on claimed infringing color and thereafter resolved action without payment of any monies.
  • Obtained jury verdict and damages award in favor of parts manufacturer against former employees  for trade secrets theft and unfair competition.
  • After successfully litigating in the trial court, obtained a published Ninth Circuit Court of Appeals opinion affirming summary judgment in favor of a board member and investor in a class action securities fraud case and directing the trial court to award in excess of $100,000 as monetary sanctions against an opposing law firm whose conduct caused improper litigation delay and expense.
  • Obtained summary judgment on behalf of a New Jersey bank sued in the federal district court for fraud by borrowers that sought to rescind a multi-million dollar commercial loan transaction.
  • Obtained summary judgment on behalf of insurer in bad faith advertising injury coverage dispute.
  • Recovered in excess of $500,000 in settlement of employee’s sexual harassment claim and obtained dismissal of claims brought against victim by the harasser.
  • Obtained favorable arbitration award on behalf of art publishing client rejecting artist's fraud and contract claims and awarding to publisher prevailing party's attorneys’ fees and costs.

Wall Street Network v. New York Times Co., 164 Cal.App.4th 1171 (2008) (state  appellate opinion affirming grant of summary judgment in favor of defendant newspaper  on multi-million dollar breach of contract  and related claims arising from online marketing agreement and affirming award of $1.4 million in prevailing party contractual attorneys’ fees)

New York Times Co. v. Superior Court, 135 Cal.App.4th 206 (2005) (state  appellate opinion in a writ proceeding directing trial court to vacate reconsideration order and re-enter order granting summary judgment in favor of defendant newspaper  on multi-million dollar breach of contract claim arising from online advertising agreement)

Trulis v. Barton, 67 F.3d 779 (9th Cir. 1995) (federal  appellate opinion affirming grant of summary judgment in favor of investor and board member in securities fraud action, and  reversing district court's refusal to award monetary sanctions against plaintiff's law firm and remanding to district court with directions to award appropriate sanctions amount, which awarded $100,000+)

Taylor Made Golf Company, Inc. v. Trend Precision Golf Inc., 903 F. Supp. 1506 (MD. Fla. 1995) (federal trial court opinion denying preliminary injunction motion brought by golf club manufacturer seeking to enjoin alleged trademark infringement and false advertisement, including sales of alleged "knock-off" golf clubs based solely on color of clubs)

Berg v. Leason, 32 F.3d 422 (9th Cir. 1994) (federal  appellate opinion reversing district court's failure to remand malicious prosecution action to state court after improper removal by defendants and remanding the case  to state court)

Abba Rubber Co., Inc. v. Seaquist, 235 Cal.App.3d 1 (1991) (state appellate opinion in favor of parts manufacturer upholding entry of preliminary injunction in trade secrets action prohibiting use of former employer's customer list and other trade secrets, but vacating injunction because of inadequate amount of preliminary injunction bond)

American Credit Indemnity v. Sacks, 213 Cal.App.3d 622 (1989) (state  appellate opinion protecting client list and related information of credit insurance company as trade secrets and ordering entry of injunction against former employee, prohibiting solicitation of  clients and use of trade secrets)

Clamp Manufacturing Co. v. Enco Manufacturing Co., 870 F.2d 512 (9th Cir. 1989) (federal  appellate opinion affirming injunction and one-million dollar damage award in favor of machine tool manufacturer for trademark infringement and unfair competition)

Recognized in Managing Intellectual Property magazine as an IP Star, 2015-2016

Recognized in Southern California SuperLawyers® for Intellectual Property Litigation and Business Litigation, 2006-2014, 2016

Named a 2013 Top Rated Lawyer in Intellectual Property by American Lawyer Media and Martindale-Hubbell

Recipient of an AV® Preeminent™ Rating by Martindale-Hubbell