Mark A. Finkelstein
Mark Finkelstein is a partner at Umberg/Zipser with more than 25 years of intellectual property and complex litigation experience. He advises clients on matters involving patent, copyright, trademark, and trade dress infringement, as well as misuse of trade secrets, unfair competition, and other commercial disputes. Mark has significant first-chair trial experience in both state and federal courts, and has argued before the Federal and Ninth Circuits.
Mark has been recognized in the fields of Commercial Litigation, Intellectual Property Litigation, Patent Litigation and Trademark Law by Best Lawyers in America since 2016. He was also twice recognized as the Lawyer of the Year in Orange County for Trademark Law (2021 and 2023), and was recognized as the 2023 Lawyer of the Year in Orange County in Patent Litigation. He has been listed in Southern California Super Lawyers since 2009. Further, Legal 500 and World Trademark Review have recommended Mark for trademark litigation, with World Trademark Review calling Mark “a bright, experienced litigator” with an “imposing courtroom presence” and “extensive first-chair trial experience before the federal courts,” adding that he is “one of the smartest guys you would probably ever meet.”
Mark is a past president of the Association of Business Trial Lawyers (ABTL) Orange County and was a Lawyer Representative to the Ninth Circuit Judicial Conference.
Mark has written articles on patent reform, cybersquatting, and trade dress infringement and has spoken on intellectual property protection, patent infringement, and electronic discovery. He has been a member of the American and Orange County Bar Associations, the American Intellectual Property Law Association, and the Orange County Intellectual Property Law Association.
Prior to joining Umberg/Zipser, Mark was a partner with international law firms Jones Day and Latham & Watkins.
- University of Southern California, J.D., 1994; Order of the Coif
- University of California, Los Angeles, B.A., 1991; magna cum laude
- State Bar of California
- United States Supreme Court
- United States Court of Appeals: Ninth and Federal Circuit Court of Appeals
- United States District Courts: Central, Northern, Eastern and Southern Districts of California
- Eastern District of Texas
- Intellectual Property
- Patent Litigation
- Trademarks, Unfair Competition & Copyrights
- Complex Commercial Litigation
- Autonomous Vehicles, Artificial Intelligence & Robotics
- Representing creator of interactive contests in patent litigation matters.
- Representing casual food chain against charges of trademark infringement.
- Representing laser manufacturer in a false advertising lawsuit.
- Representing international winemaker and distributor in various commercial disputes.
- Obtained stipulated judgment, consent decree, and asset acquisition in copyright and trade secret dispute on behalf of a global leader in business software solutions.
- Prevailed after trial in trademark infringement matter on behalf of a media company.
- Prevailed after trial in patent dispute on behalf of a medical device manufacturer.
- Defeated a motion for preliminary injunction in a trademark infringement matter on behalf of a fittings manufacturer.
- Prevailed at summary judgment against the world’s second largest B2B website on behalf of a luxury goods conglomerate in a counterfeiting matter.
- Successfully represented laser manufacturer and distributor accused of patent infringement, trademark infringement, and unfair business practices.
- Past President, The Association of Business Trial Lawyers Orange County
- Former Lawyer Representative, Ninth Circuit Judicial Conference
- Former Board Member, Federal Bar Association, Orange County
- Former Board Member, Constitutional Rights Foundation
- Member, Damages and Injunctions Committee, Intellectual Property Owners Association
- Member, Enforcement Committee, International Trademark Association
- Orange County Bar Association
- Orange County Intellectual Property Law Association
- American Bar Association
- American Intellectual Property Bar Association
HONORS & AWARDS
- Best Lawyers in America (2016-2023)
- The Best Lawyers in America®, Lawyer of the Year, Orange County Trademark Law, 2021 and 2023
- The Best Lawyers in America®, Lawyer of the Year, Orange County Patent Litigation, 2023
- Southern California Super Lawyers (2009-2013, 2015-2023) and Southern California Rising Stars (2004-2007) for IP litigation
- Legal 500 U.S. (2007): leading trademark litigation attorney
- World Trademark Review “recommended expert” (2011-2012, 2014-2018): “a bright, experienced litigator” with an “imposing courtroom presence” and “extensive first-chair trial experience before the federal courts”; “One of the smartest guys you would probably ever meet”