Daniel C. Justice

Daniel Justice

joined the firm in 2013 and has since worked on matters involving trademark functionality, trademark infringement, copyright infringement, patent infringement, contract disputes and proceedings before the Trademark Trial & Appeal Board. These matters include patent matters involving issues such as government contractor immunity to patent infringement and the effect of amendments to a patent licensing agreement; a contract dispute involving the right to prejudgment interest in California; a trademark matter centering on the evidentiary weight of an expired utility patent for a chemical composition on the validity of a trademark for medical implants; the copyrightability of short phrases and the merger doctrine; a copyright matter involving fair use of religious materials; and multiple oppositions to office actions, and petitions to cancel trademark registrations to the Trademark Trial & Appeal Board.

Daniel has also worked on an Internet-related matter involving the legal effects of “browsewrap” agreements, violations of Web page terms of use, the circumvention of technological barriers to access Web pages, violations of the Computer Fraud and Abuse Act, copyright issues related to cache copying of Web pages, the use of “spiders” to collect data from Web pages, the legality of “deep-linking” to web pages, and the legality of search engine aggregation and display of copyrighted Web pages.

Daniel has recently co-authored a scholarly article with Warrington S. Parker III entitled, "The Differing Approaches to Preemption Under the Uniform Trade Secrets Act" that was published in Volume 49, Issue 2 of the Tort Trial & Insurance Practice Law Journal. Daniel is also a contributing author to the NorCal IP Blog, which covers notable new intellectual property case filings and verdicts in the Northern District of California. Links to articles Daniel has authored can be found under the "Publications" section of this bio.

During law school, Daniel was Vice President of OUTLaw, the LGBT legal organization at USC Law School, and was a member of the Interdisciplinary Law Journal. Prior to law school, Daniel was a research assistant in the Laboratory for Computational Cognitive Neuroscience at UC Santa Barbara, where he studied the neuropsychological theory of multiple category learning systems called COVIS (Competition between verbal and implicit systems) and ran study participants through neuroimaging experiments using fMRI.

Good to know

Areas of Practice 1) Intellectual Property
Law School J.D., University of Southern California Gould School of Law, 2013
Education B.A., Psychology, University of California, Santa Barbara, 2009
Bar Member / Association State bar of California
Most recent firm Orrick, Herrington & Sutcliffe LLP
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