Practice Areas

CIVIL LITIGATION (lawsuits, courtroom, trial work) in the following areas and contexts:

  •               Trying civil cases to judges and juries in the courts of California since 1991
  •           Jury trials, court trials, law and motion, arbitrations, mediations, settlement negotiation, and settlement agreements
  •           Personal injury claim settlement and litigation (motor vehicle accidents, slip and fall cases, etc.)
  •           Real estate litigation
  •           Environmental litigation
  •           Easement and boundary line disputes and agreements
  •           Flooding property damage cases
  •           Employment litigation (wrongful termination, sexual harassment, etc.)
  •           Commercial/business litigation
  •           Insurance claims negotiation and resolution; and insurance litigation
  •           Plaintiff and defense work

          

TRADEMARKS (usually, but not exclusively, for winery clients). Federal registration of a trademark with the United States Patent & Trademark Office (U.S.P.T.O.) is a legally powerful and cost effective way to protect trademark rights. I perform the following tasks for my trademark clients:

  •           Explain the legal advantages of federal (U.S.P.T.O.) registration; and strategize with clients re thorny trademark issues
  •           Explain the common law rights trademarks acquire even without registration
  •           Explain how to reserve a trademark for federal registration before actually using the mark; and file "Intent-To-Use" applications
  •           Explain the law, procedure, fees, time frames, and available options in connection with federal trademark registration
  •           Explain the issues involved in trademark litigation (lawsuits) and dispute resolution
  •           Perform U.S.P.T.O. trademark database searches; predict the likelihood of registration for any given trademark
  •           Apply for federal trademark registration with the U.S.P.T.O.
  •           Respond to U.S.P.T.O. trademark office actions and refusals; and guide trademark applications through the registration process
  •           Represent clients in Trademark Trial and Appeal Board proceedings involving trademark applications
  •           Represent clients in trademark infringement litigation and trademark dispute resolution
  •           Negotiate and draft trademark license and co-existence agreements, etc., between parties
  •               (Trademark attorney of record for over 100 wine labels, vineyards, and local businesses)







MONTGOMERY G. FRANKEL, Attorney at Law

Located in St. Helena, California since 1998