Vijay Toke is an accomplished intellectual property attorney who focuses on trademark, copyright, and licensing disputes in federal courts nationwide and before the Trademark Trial and Appeal Board (TTAB). Mr. Toke also advises clients on maintaining and enforcing their trademark portfolios. His diverse client base includes technology companies, fashion and luxury brands, wineries, telecommunications companies, design houses, consumer goods manufacturers, food product brands, retailers, and restaurants and hospitality companies.
Mr. Toke believes in a tailored approach to litigation and trademark maintenance—one size does not fit all. He views litigation as a business tool, not an end in and of itself, and has litigated for clients in federal courts in jury and bench trials, and on appeal.
Mr. Toke is recognized by Best Lawyers (Intellectual Property, Trademark Law 2022), the World Trademark Review 1000 (California) for Enforcement & Litigation (2015 to present) and by Super Lawyers in Intellectual Property Litigation (2015 to present).
- Representation of a telecommunications and broadband trademark plaintiff, winning major motion for defendant to turn over broad categories of privileged documents, resulting in highly favorable confidential settlement.
- Representation of a major car and replacement part manufacturer in gray market goods cases throughout the U.S.
- Representation of a mobile app developer against major food brand for copyright and trade dress infringement relating to mobile apps, leading to highly favorable confidential settlement.
- Representation of a winery in trademark dispute, resulting in full defense verdict in bench trial.
- Representation of a famous electronics brand as plaintiff against television network in jury trial in trademark infringement and dilution dispute, leading to favorable settlement at the close of plaintiff’s case.
- Representation of plaintiff famous footwear brand over trade dress infringement against competitor under novel theory of recovery, defeating motion to dismiss and leading to favorable settlement.
- Representation of a software company in bet-the-company trademark dispute.
- Representation of a historic San Francisco restaurant in TTAB cancellation proceeding, leading to favorable settlement.
- Representation of an artisanal vodka brand in TTAB cancellation proceeding brought by well-known rock band and related beer company, leading to dismissal of action.
- Representation of a high-end furniture and office accessories manufacturer in TTAB opposition proceeding against device manufacturer, leading to dismissal of action.
- Representation of a restaurant in declaratory relief action, resulting in dismissal of action upon service of covenant not to sue.
- Representation of a home furnishings company as plaintiff in copyright dispute against large national retailer over popular glassware design, leading to full disgorgement of profits.
- Co-authored amicus brief to U.S. Supreme Court in false advertising case on standing in false advertising cases.
- Co-authored amicus brief to U.S. Supreme Court in trademark case relating to Article III standing post service of a broad covenant not to sue.
- Co-authored amicus brief to Third Circuit Court of Appeals in false advertising case on presumptions of irreparable harm in Lanham Act cases.
- Maintaining worldwide trademark portfolio for world’s most popular online encyclopedia.