Mark D. Kremer

Mark Kremer’s practice focuses on litigation and counseling in business, commercial and intellectual property matters including new company growth and product development, risk management and litigation avoidance.

Mark also has extensive experience in the acquisition of intellectual property portfolios and prosecutes and perfects intellectual property around the world.  He is a regular lecturer on domestic and international intellectual property issues for the Center for International Trade Development’s Beauty Industry Market Access program.

Experience, Presentations and Publications

Representative Engagements

• Successfully prosecuted application for registration of trademark in fragrance of personal care products, one of three fragrance registrations on the Principal Register.  The mark has been cited in the leading trademark law treatise, Gilson on Trademarks.
• Oversaw 20 acquisitions of worldwide intellectual property portfolios.
• Secured $8.4 million judgment for construction defect causing mold and subsequent settlement with contractor’s insurer despite mold exclusion.
• Led successful action recovering from several insurers of large personal care products company of $2 million in legal fees and payments incurred in three underlying suits raising intellectual property and employment liability coverage.  Obtained summary adjudication of coverage from multiple policies with findings that coverage was wrongfully withheld on the basis of ambiguous provisions.
• Obtained summary adjudication of duty to defend on accountant’s malpractice policy exposing carrier to liability for $40 million judgment that resulted in favorable settlement.
• Member of CK&E team which secured an arbitration award of $1.5 million for a large garment manufacturer from its liability carrier for damages from failure to pay defense costs in a patent infringement action.
• Led successful defense of contract manufacturer in suit by Home Shopping Network over malfunctioning home safety equipment.  Secured summary judgment against claims for damages of over $10 million using regulatory illegality defense.
• Secured $4.2 million dollar judgment for lost profits from defective products.
• Obtained cancellation of competitor’s bottle design trademark based on lack of secondary meaning.
• Represented a manufacturer and distributor of personal care products against a model’s claim for image misappropriation from use of his photograph on product packaging.  After forcing the matter into arbitration and preventing costly discovery, damages were limited and a favorable settlement was obtained.
• Prepared numerous distribution agreements for professional salon industry clients which simultaneously protect the select distribution channel and encourage distributors to aggressively sell and promote the products.
• Resolved copyright infringement action brought by copyright troll against our client, an importer of garments, for nuisance value after exposing material, false statements made about the copyright registration at issue in a motion for summary judgment.

Presentations

• Beauty Industry Market Access Subject Matter Expert in Domestic and International Intellectual Property, Center for International Trade Development, Long Beach, CA, October 2013 to present

Education

• University of California, Los Angeles School of Law, J.D., 1980
  • International Law Journal
  • International Moot Court Team, Jessup Moot Court Competition (1978)
• University of California, San Diego, B.A., 1975

Professional Associations

• Los Angeles County Bar Association
• International Trademark Association

Admissions

• State Bar of California, 1981
• All Federal Courts in California