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Erica J. Van Loon

Erica Van Loon is an experienced trial attorney who focuses her practice on complex copyright, trademark, patent, rights of publicity, trade secrets, invasion of privacy, defamation, business interference and other media and entertainment claims. She represents clients across a broad range of industries including entertainment and media, software and hardware, apparel and footwear, toys and video games, consumer electronics, beauty and personal care, food and beverage, and various other industries.  

Representative Matters

  • Won bench trial on the issue of copyright ownership for defendant Reuben Klamer, the author of the iconic board game, The Game of Life. The Court was persuaded that plaintiff’s late husband’s work on the prototype of the game was a work for hire for Mr. Klamer. The Court held unequivocally that Mr. Klamer was the author of the game and the owner of the copyright on it.
  • Won summary judgment for plaintiff's British Broadcasting Corporation and affiliated entities in two lawsuits involving trademark infringement and dilution of the famous Dancing With The Stars trademarks and breach of and interference with BBC's contracts with its professional dancers by defendants' competing live dance shows. Won partial summary judgment for Plaintiffs, including a complete dismissal of defendants' contract interference and trademark cancellation counterclaims and dismissal of defendants' affirmative defenses of trademark genericism and abandonment. Her gutting of defendants' claims and defenses on summary judgment led to the matter being resolved with a Consent Judgment and Permanent Injunction against defendants.
  • Won motion to dismiss, dismissing all defendants in copyright infringement action on the novel ground of forum non conveniens, due to the fact that plaintiff had entered into a prior agreement with defendants' affiliates containing a forum selection clause.
  • Won partial summary judgment on behalf of defendants Conan O’Brien, his production company, head writer, and the TBS network, finding no copyright infringement as to certain monologue jokes used on the Conan O’Brien show.
  • Won summary judgment for defendant Roche invalidating three Stanford HIV test patents for obviousness, ending Stanford's multi million dollar patent infringement suit. Won the case on appeal to the Federal Circuit and before the en banc Court on rehearing, and won decisive victory in favor of Roche in the U.S. Supreme Court. 
  • Won a targeted summary judgment of non-willfulness for defendant VIZIO against plaintiff Razor USA, LLC in a trademark infringement and dilution mater. The summary judgment victory propelled the case to settle on the eve of trial, with plaintiff dropping its damages claim and agreeing to buy VIZIO's trademarks. 
  • Won summary judgment for defendant Nero against JVC Kenwood, finding nine JVC optical disc patents noninfringed due to patent exhaustion and express release. The Federal Circuit affirmed the summary judgment in Nero's favor.
  • Won summary judgment for plaintiff authors against executives of the Los Angeles Unified School District for copyright infringement and contributory copyright infringement. 
  • Achieved multiple consent judgments and permanent injunctions for SHFL entertainment, Inc. against competitors in the casino and online gaming industries who infringed SHFL's copyrights, trademarks and patents. 
  • Achieved injunction and substantial compensation on the eve of trial against competitor in the plush toy industry for violating the trade dress of client's core product line. 
  • Won defense victory for defendant Nike in its landmark trademark case against Adidas over Nike's right to use two stripes on athletic apparel; Adidas filed a broad "covenant not to sue" releasing Nike from all past trademark claims and its own infringement counterclaims, and committing not to sue Nike over any two-striped athletic apparel or shoes throughout the United States. 
  • Achieved no-money settlement for car parts retailer in hard-fought suit brought by famous car maker involving numerous design patents and trademarks. 
  • Successfully enforced Harley-Davidson's famous Bar & Shield trademarks against competitors in the insurance industry. 

Court Memberships

  • California
  • U.S. District Court for the Central District of California 
  • U.S. District Court for the Eastern District of California 
  • U.S. District Court for the Northern District of California 
  • U.S. District Court for the Southern District of California 
  • U.S. District Court for the District of Colorado 
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Western District of Wisconsin 
  • U.S. Court of Appeals for the Federal Circuit 
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Supreme Court 

Honors

  • Southern California Super Lawyers, 2014-2019
  • Los Angeles Business Journal, Most Influential Women Attorneys, 2018
  • Law360 Rising Star, Intellectual Property, 2016
  • Southern California Super Lawyers, Rising Stars, 2009-2013
  • World Trademark Review 1000, Leading Trademark Practitioner 
  • Martindale-Hubbell® "AV Preeminent" Rating

Professional Affiliations

  • Association of Media and Entertainment Counsel, Chair of the Law Firm Advisory Board
  • Beverly Hills Bar Association, Member
  • California Fashion Association, Member
  • California State Bar, Intellectual Property Section
  • Children's Hospital Los Angeles Saban Research Institute, Board Member 
  • International Trademark Association
  • Los Angeles Intellectual Property Law Association, Spring Seminar Planning Committee Co-Chair 
  • USC Intellectual Property Institute, Trademark Sub-Committee Co-Chair 

Publications

  • Featured, Game of Life Copyright dispute Meets 'Day of Reckoning', Law.com, January 2019
  • Author, Getting the Right Fit: Tailoring Off-the-Rack Insurance to Cover IP Disputes, Landslide magazine, ABA section of Intellectual Property Law, 2018
  • Author, Copyright Terminations in Full Swing, M/E Insights, 2013
  • Author, Case Closed on Open Sources, Los Angeles Daily Journal, 2008
  • Author, The Signs of Our... Users? Considering Contributory and Vicarious Liability for Trademark and Copyright Infringement, Trademark World, 2008
  • Author, Trader of Development Rights Turns 40, Journal of Planning and Environmental Law, 2007

Presentations

  • Moderator, Keynote Fireside Chat with Regan Smith, General Counsel and Associate Register of Copyrights for the U.S. Copyright Office, LAIPLA Spring Seminar, April 27, 2019

  • Moderator, Emerging Trends in Trademark Remedies, 2019 USC Intellectual Property Institute

  • Speaker, Wait, Can I Post That?! – Navigating the Use of IP Protected Works Online, Korea Trade-Investment Promotion Agency (KOTRA) and Korean Intellectual Property Office (KIPO) Intellectual Property Strategies Seminar, November 7, 2018
  • Moderator, Common Pitfalls of Trademark Expert Reports and Survey Evidence, LAIPLA Spring Seminar, May 5, 2018

  • Moderator, Decide and Conquer: A Closer Look at the ITC versus Federal Court, 2018 USC Intellectual Property Institute
  • Moderator, Different Ways to Think About Differences: Understanding and Interrupting Implicit Bias in the 21st Century, USC Intellectual Property Institute’s Women in IP, March 21, 2017

  • Panelist, FASHION FORWARD: A Look at the Legal Issues Found in the Fashion Industry, Association of Media and Entertainment Counsel's Women Who Lead

  • Speaker, Digital Media Joint Ventures: The Tug of War, University of Tennessee Law School’s Entertainment Law Conference

  • Speaker, When the Follower Becomes The Leader — The Expanding and Innovative Roles of Games, Toys, Songs, and Merchandising as Originators of Filmed Expression, University of Tennessee Law School’s Entertainment Law Conference 

  • Moderator, Avoiding IP Pitfalls in Corporate Transactions, National Association of Minority and Women Owned Law Firm’s Annual Conference

Photo of Erica J. Van Loon
  • Los Angeles

    1888 Century Park East
    Suite 1000
    Los Angeles, CA 90067-1623
F: 310.789.4601

Assistant

Erica Perkins
310.789.4676

Education

Loyola Law School, J.D.

University of California, Berkeley, B.A., American Studies

Languages

Spanish