Aaron Bradford

Aaron is a battle-tested trial attorney with a passion for serving companies and individuals around the globe in the areas of technology, health care, and hospitality. Aaron is a compelling advocate, having stood before juries across this country trying cases in areas such as patent infringement, brand enforcement, trademark infringement, trade secrets, anticompetitive conduct, securities fraud, employment, professional negligence, premises liability, and breaches of contracts. Aaron’s trial experience provides clients the confidence that they can go the distance when needed.

Aaron serves as outside general counsel to companies in the United States and abroad as they work to bring their products and services to market. This includes providing advice on brand management, risk management, litigation avoidance, vendor contracts, environmental compliance, and intellectual property protections. From manufacturers to retailers, hotels to hospitals, innovators to creators, Aaron lends his experience to help his clients avoid risk while capturing market share. Aaron knows what it takes to run a business and brings that knowledge to his clients on a daily basis. Aaron ran his own firm for seven years and has operated one of the largest youth athletic training franchises in the country.

Aaron Bradford has substantial trial experience and serves as lead counsel for matters related to Utility Patent Litigation, Design Patent Litigation, Trademark Litigation, Securities Fraud Litigation, Trade Secret Litigation, and Copyright Litigation.

Utility Patent Litigation

• Secure jury verdict of patent infringement and damages on behalf of a Colorado designer and manufacturer of unique locking products. This case was assumed one month before trial, after prior counsel was forced to withdraw for stealing funds intended to pay expert witnesses. The case proceeded to trial without experts as a result. The jury returned a verdict of literal infringement, patent validity and a 24% royalty on $37 million in sales of infringing products.
• Enforce client’s utility patents on automotive jump starters using Amazon’s APEX procedure, resulting removal of a dozen sellers of infringing jump starters. The campaign resulted in license agreements and the realization of millions of dollars in royalties.
• Defend client’s eCommerce retail platform against claims of patent infringement asserted against products manufactured by vendors and sold on the platform. Successfully secured dismissal of all claims without payment.
• Defend a Chinese manufacturer against claim of utility patent infringement directed at tire pressure monitoring system sensors that are used to comply with NHTSA standards.
• Enforce client’s patent portfolio directed toward alcohol monitoring devices against a series of infringers. The effort involved management of litigation around the country and appeals to the United States Court of Appeals for the Federal Circuit.
• Enforce utility patents associated with a device for tracking exercise with a virtual coach that suggests different modulations to user’s workout.
• Enforce a patent portfolio on the manufacture of bright white LED chips of all sizes arising from the client’s early creation of a now ubiquitous LED manufacturing approach.
• Enforce a half dozen patents for client that developed the process for saving documents using a remote database that can be accessed by a variety of devices and users.
• Enforce patents directed toward the construction of consumer electronics, specifically a unique illuminated charging cable construction.

Design Patent Litigation

• Represented a series of replica wheel companies against claims by a German automobile manufacturer for infringement of design patents on their OEM wheels. Represented three of the defendants (automotive manufacturer, retailer, and distributor), and all three were settled—clients ceased importation but were dismissed without payment.
• Defended a California wheel manufacturer against claims of design patent infringement associated with the design of the face of designer, custom wheels. The matter was dismissed without payment.
• Defended a California wheel distributor and manufacturer against claims of design patent infringement associated with a half a dozen design patents on wheels. The case also included claims of trademark infringement. Successfully negotiated the dismissal of the case after presenting substantial evidence of patent invalidity.
• Enforced a design patent and trade dress associated with an iconic smoking tool and device against a major international retailer as well as the manufacturer of the a copycat tool. Successfully prevailed on all motions and secured a settlement for the client ahead of trial.
• Defended a Texas wheel manufacturer and retailer against claims of patent infringement associated with a portfolio of a dozen design patents on the face and appearance of wheels. Successfully located evidence of prior use and disclosure of the designs through innovative discovery techniques and investigations in China.

Trademark Litigation

• Enforced the registered house brand for a long established California custom wheel company against a major tire manufacturer that used the client’s name in a new line of tires. Successfully secured a negotiated injunction and royalty for past use.
• Defended a Shenzhen-based manufacturer of consumer electronics against claims of trademark infringement and false advertising directed toward the use of slogans and product performance claims. Obtain dismissal with prejudice of the action litigated in the United States District Court for the Northern District of Illinois.
• Enforced a West Coast automotive retailer’s registered trademark against a junior user engaged in rapid expansion and junior use of the registered mark, resulting in a multi-million dollar license for client. The matter was litigated in the United States District Court for the Southern District of Texas based in Houston.
• Defended a series of manufacturers of automotive wheels against a Section 337 Complaint filed with the International Trade Commission for alleged use of a German automobile manufacturers trademarks on replica wheels. Successfully negotiate the dismissal of three manufacturers from the investigation.
• Enforced an East Coast automotive eCommerce company’s registered trademarks against a series of copycat eCommerce operations resulting in seizure and transfer of domains and trademark use to client assisting with solidifying the client’s trademark portfolio. These matters were litigated in the United States District Courts for the Districts of Colorado, New York, New Jersey and the Southern District of Florida.
• Defended a national fast food chain against claims of trademark infringement asserted by a competing chain resulting in mutually agreed coexistence and ultimate dismissal of the complaint with prejudice.
• Defended an automotive manufacturer against claims of trademark infringement associated with the sale of wheels and tires resulting in dismissal of claims without modification to client’s marketing and branding. The matter was litigated in the United States District Court of the Central District of California.
• Establish senior rights for a client’s house mark for the sale of products through its eCommerce operation after a jury trial that proceeded before the United States District Court for the District of Massachusetts.
• Defeated an opposition filed with the Trademark Trial & Appeal Board by a major automotive parts and accessories company to a new offroad parts and accessory company’s application to register the company’s logo that featured a bull. Successfully overcame the opposing company’s objections, resulting in the allowance of the trademark application.
• Defeated an opposition filed with the Trademark Trial & Appeal Board by a famous, multi-billion dollar company and brand to an emerging social media company’s application to register its house brand. Successfully overcame the opposition filed, resulting in the allowance of the trademark application in advance of the client’s Series A funding round.
• Defeated an opposition filed with the Trademark Trial & Appeal Board by a noted trademark bully and famous energy drink brand to an application to register the name for an off-road automotive parts and accessory. Successfully established client’s prior use of the mark by the client, resulting in the allowance of the trademark application.
• Enforced the trademark portfolio owned by a client in the automotive aftermarket using the Amazon Brand Registry to remove infringers and copycats. The enforcement program resulted in removal of offending brands and royalties.

Securities Fraud Litigation

• Successfully secured a full defense verdict for an ethics and compliance company in a bet-the-company securities fraud and age discrimination case tried before a jury in the United States District Court for the District of Colorado.
• Successfully secured jury verdict for client in a 13-year battle involving claims of collusion, breach of contract and the breach of the implied duty of good faith and fair dealing. The two week trial occurred in Phoenix and the jury’s verdict ended a painful and excruciating journey to vindicate client against false allegations of collusion and bad faith.
• Successfully secured orders from the Arizona Court of Appeals and the Arizona Supreme Court affirming the fraudulent transfer of $180 million in assets from a marital estate to eleven irrevocable, spend-thrift trusts by a husband and his sister.
• Successfully defeat a motion for preliminary injunction seeking to declare client had engaged in fraud and civil theft arising from the operation of a health care facility.
• Successfully secure multi-million dollar return of funds for client after proof that a 501(c)(3) Foundation had failed to direct giving to client as directed by donors.
• Successfully secure multi-million dollar recovery against a credit card company for its failure to maintain proper security that resulted in the misdirection of client’s revenue from the sale of products through its eCommerce platform to a criminal enterprise.

Trade Secret Litigation

• Successfully defended three former employees and their new employer against claims of trade secret misappropriation and breach of contract. The matter was tried for three weeks in the District Court for Broomfield and resulted in a verdict in favor of the clients on its counterclaims for false advertising and slander following their departure from Plaintiff. The Colorado Court of Appeals affirmed that clients were the victorious parties.
• Assert claims of trade secret misappropriation on behalf of product development and manufacturing company against its contract manufacturer arising from the defendant’s improper use and disclosure of core trade secrets.
• Defend a technology development company against claims by its customer regarding the alleged improper use of source code that client developed for the customer.
• Defend a quasi-governmental standards board against claims of trade secret misappropriation through the employment of a competitor’s former programmers and designers.
• Defend an automotive accessory manufacturer against false claims of trade secret misappropriation asserted by a contact designer of automotive accessories.

Copyright Litigation

• Defend an eCommerce retail company against claims of copyright infringement arising from the use of photographs of automotive parts and accessories. Successfully established consent to use through discovery.
• Enforce client’s registered copyrights on software code against a former client that continued to use the protected software after termination of the relationship.
• Defend automotive company against claims of copyright infringement arising from a sculpture that was transformed for purposes of serving as a gear shift knob.
• Obtain and enforce the copyright registrations associated with the dying words of Elijah McClain and photos of him prior to his death that are owned by the Elijah McClain Foundation. Cultivated a portfolio of copyrights associated with Mr. McClain’s life and death in order to assist the foundation in preventing profit from his death.
• Represent a leading street artist, clothing designer and public muralist in a variety of settings to ensure the protection and preservation of his creative works.