Brandon Baum

Brandon Baum

  • Intellectual Property
  • California
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Summary

Brandon Baum has served as lead trial counsel in patent, copyright, and trade secret cases, and has also handled numerous mediations, and arbitrations, both as an advocate and a neutral. He also has extensive experience litigating business disputes, trying cases in such diverse fields as aircraft design, bankruptcy, and wrongful death. An AV-rated attorney and "Super-Lawyer," Brandon has tried dozens of jury cases to verdict, and was elected equity partner at two international law firms before joining Dhillon Law Group. Brandon also serves as an adjunct professor at U.C. Hastings, teaching an upper-division course in patent litigation. He is a court-appointed Early Neutral Evaluator for patent cases in the Northern District of California, and a regular contributor to PLI's Patent Law Practice Center.

Practice Area
  • Intellectual Property
Additional Practice Areas
  • Business Litigation
  • Trial Attorney
Fees
  • Free Consultation
  • Contingent Fees
Jurisdictions Admitted to Practice
California
Federal Courts
U.S. Supreme Court
Websites & Blogs
Website
Website
Legal Answers
2 Questions Answered

Q. If a magic trick is being sold by someone else, can I make that same gimmick and sell it as my own?
A: While I don't know the specific gimmick, the general rule in the U.S. is "yes." Unless it is patented (very unlikely for a magic trick) or copyrighted (available only for the "patter" or pantomime surrounding the trick), then it is free to copy for anyone who knows the secret. Apparently France is more protective of its artists and magicians, as David Copperfield successfully sued a copyist in France over his flying trick.
Q. Are there any legal cases related to an unpatented idea being stolen?
A: Sure, it is usually in the trade secret context. One of the more notorious trade secret matters in recent memory was Avant!'s misappropriation of Cadence's trade secrets. After many years of litigation, 7 Avant! executives pleaded no contest to felony trade secret misappropriation and the company was ordered to pay $182 million in restitution to victim Cadence. A Google search of "Cadence Avant!" will turn up many cases and references.
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Contact & Map
Dhillon Law Group
177 Post Street, Ste 700
San Francisco, CA 94108
USA