Evan Pitchford

Evan Pitchford has extensive experience in all phases of litigation and dispute resolution, from pleading, discovery, and pretrial motions to summary judgment practice, trial, and appeal in state and federal courts, along with practice in mediation and arbitration forums. His primary areas of practice are civil and corporate litigation, intellectual property and trade secrets, independent sales representative and manufacturer/principal issues, regulatory enforcement actions and defenses, microbrewery concerns, entertainment-related matters, commercial and residential real estate disputes, and employment law. In recognition of his outstanding work in these practice areas and others, Evan was named a “Rising Star” in 2010 by Super Lawyers Magazine.

Experience, Presentations and Publications

Representative Engagements

• Won summary judgment establishing trademark infringement by online retailer’s sale of hair care products, and defeated retailer’s cross-motion to preclude a finding of willful infringement. Moroccanoil, Inc. v. Groupon, Inc., 278 F. Supp. 3d 1157 (C.D. Cal. 2017).  Achieved favorable settlements, including permanent injunctions against resellers, warehousers, and importers up the supply chain from the online retailer.
• Obtained preliminary injunction on behalf of market-leading hair and body care product manufacturer and distributor in trademark and trade dress infringement action against competitor’s knock-off products, resulting in swift favorable settlement. Moroccanoil, Inc. v. Zotos Int’l, Inc., 230 F. Supp. 3d 1161 (C.D. Cal. 2017).
• Achieved summary judgment in favor of plumbing materials importer and distributor, defeating sales representative’s claim to qualify as a “wholesale sales representative” under California’s specialized Independent Wholesale Sales Representatives Contractual Relations Act (Calif. Civil Code Sec. 1738.10).
• Won a court order for forensic inspection of opponent’s computer network and secured a $700,000 discovery sanction by demonstrating forgery and manipulation of emails and electronically stored information.
• Successfully represented numerous independent sales representatives across various industries in claims against manufacturer principals regarding underpayment or non-payment of sales commissions, utilizing California’s Independent Wholesale Sales Representatives Contractual Relations Act and similar statutes in other jurisdictions.
• Litigated a multi-state and international dispute that successfully defended against claim to 50% partnership interest in large multi-national corporation.
• Reached successful resolution of California Air Resources Board (CARB) enforcement actions against manufacturers and sellers of aerosol hair spray and other hair care products.
• Defended manufacturer of recreational water slides against claim of trademark infringement and unfair competition by competing manufacturer.
• Represented national hospital tenant in commercial landlord-tenant litigation over repair and maintenance responsibility in fifteen-year medical facility lease.
• Represented major national truck rental company in complex land use litigation in federal and state courts, including appellate and writ proceedings.
• Defended landlord in racial discrimination in housing action, including summary judgment motion.
• Represented plaintiff in litigation of breach of contract claims concerning distribution and marketing of reality television show.

Achievements

• Named a Rising Star by Super Lawyers Magazine, 2010

Education

• University of California at Los Angeles School of Law, JD, 2007
  • President, Entertainment Law Association, UCLA School of Law
• University of California at Berkeley, BA Philosophy & Rhetoric, 2004

Professional Associations

• Manufacturers’ Agents National Association (MANA)
• Brewers Association
• Professional Beauty Association (PBA)

Admissions

• State Bar of California, 2008
• All Federal District Courts in California
• Ninth Circuit Court of Appeal