Christian W. Marcelo
Christian Marcelo is a litigation partner focusing on complex commercial and intellectual property disputes, including trade secret misappropriation, copyright infringement, trademark and trade dress litigation, and contract disputes. He represents plaintiffs and defendants in federal and state courts and in arbitration proceedings.
Christian has experience litigating intellectual property matters and business disputes through every stage of litigation, from the initial counseling and investigation through trial and appeal. The clients he serves fall in a broad range of industries, including technology, video games, consumer goods, healthcare, real estate, and more. He also advises clients on trademark and copyright enforcement strategies with experience designing and managing large-scale enforcement programs to protect his clients’ IP.
In addition to his commercial litigation practice, Christian maintains an active pro bono practice, representing clients in matters involving immigration and asylum, dependency proceedings, civil rights litigation, and compassionate release. He is admitted to practice in Washington state.
Experience
Bungie v. Aimjunkies
(U.S. Court of Appeals for the Ninth Circuit; U.S. District Court for the Western District of Washington). Represented Bungie in a copyright infringement case involving the distribution of cheat code software for Bungie’s online game Destiny 2 in both arbitration and before a federal jury. The team secured a sweeping victory in both the arbitration and jury trial, resulting in an award of more than $4.4 million in damages and fees and a permanent injunction. The arbitration award was affirmed by the Ninth Circuit Court of Appeals.
Atomo v. Marquart
(Superior Court of Washington, King County; San Francisco Superior Court, California). Defended trade secret misappropriation claims in multiple jurisdictions related to chocolate substitute recipes, ending in a favorable settlement.
Upper Deck v. Ravensburger North America
(U.S. District Court for the Southern District of California). Counsel for Ravensburger defending against various claims of misappropriation and copyright infringement relating to the Disney Lorcana trading card game.
Intellectual Ventures v. Sharifi et al.
(Arbitration). Represented Intellectual Ventures (IV) in a successful trade secret dispute against former employees working in IV’s Advanced Physics Laboratory. After a three-week arbitration, the arbitrator ruled in IV’s favor on the misappropriation of trade secrets and breach of contract claims and awarded IV injunctive relief and $6.7 million in attorneys’ fees.
Nintendo of America Inc. v. Storman
(U.S. District Court for the Central District of California). Counsel for Nintendo in a copyright and trademark infringement case regarding distribution of pirated video games. Successful summary judgment motion secured a judgment of $2,115,000 in statutory damages and a permanent injunction.
Hold Security v. Microsoft
(U.S. Court of Appeals for the Ninth Circuit; U.S. District Court for the Western District of Washington). Counsel for Microsoft defending against allegations of trade secret misappropriation and breach of contract. Case was dismissed with prejudice on the pleadings, and the dismissal was affirmed by the Ninth Circuit Court of Appeals.
Drut Technologies v. Microsoft
(U.S. District Court for the Western District of Washington). Defended Microsoft against allegations of trade secret misappropriation and breach of contract. Case settled very favorably after court dismissed Drut’s key misappropriation claims, holding that Microsoft had an irrevocable license to use the technology at issue.
Northwest Monitoring v. 4319 Consulting, et al.
(U.S. District Court for the Western District of Washington). Represented defendants against allegations of trade secret misappropriation, conspiracy, and breach of contract. Case settled favorably after the court’s order on a motion to dismiss.
Northwest Confections v. Canopy and Martha Stewart Living
(U.S. District Court for the District of Oregon). Successful trade dress and copyright enforcement action involving packaging for Wyld, the market leader in cannabis edibles, resulting in favorable settlement.
Lincare Holdings v. Doxo
(U.S. District Court for the Middle District of Florida). Defended Doxo against trademark infringement claims. After a vigorous defense, the case was favorably settled on the eve of trial.
Rawlings v. Easton
Defended trademark infringement claim involving the 5150 mark. Case dismissed after defeating preliminary injunction motion.
RedWeek v. Bello
(U.S. District Court for the Western District of Washington). Pursued successful trademark infringement action involving REDWEEK mark. Initially a Doe action, default judgment was entered.
Adkisson v. Epik Holdings Inc. et al.
(U.S. District Court for the Western District of Washington). Represented plaintiff in breach of contract, fraud, and RICO litigation. Reached favorable settlement after filing for an emergency TRO.
Olympic Mountain Products v. GANZ USA
(Superior Court of Washington, King County). Counsel defending GANZ against contract and product liability claims. Obtained favorable settlement shortly after presenting oral argument defeating plaintiff’s summary judgment motion.