Aaron K. McClellan

Aaron K. McClellan

88 Kearny Street
10th Floor
San Francisco, CA 94108

Phone: 415.788.1900
Fax: 415.393.8087


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Admissions

  • All courts in the State of California
  • Federal District Court for the State of California, Northern, Eastern and Central Districts
  • Ninth and Tenth Circuit Courts of Appeal

Education

  • B.A., University of the Pacific
  • J.D., University of San Francisco, Associate Literary Editor and Article Editor for Maritime Law Journal

Aaron K. McClellan

Senior Shareholder

Mr. McClellan maintains an active litigation and trial practice representing clients in civil and business disputes. In addition, he counsels clients on corporate, employment and intellectual property matters and serves as outside general counsel to individuals and businesses in the fields of entertainment, construction, manufacturing, import/export, food and beverage, real estate, publishing, public relations, retail, and professional services.

Highlights

  • Maintains an active trial practice representing clients in trademark, copyright, trade secret and related intellectual property disputes.
  • Acts as outside general counsel to businesses negotiating contracts, leases, licenses, acquisitions and mergers.
  • Advises and assists in corporate formation, planning and risk management, internal corporate restructuring, and employment matters.
  • Preservation and prosecution of client trademark rights before the U.S. Patent and Trademark Office, and advises on copyright and trademark disputes and strategies.
  • Represents professionals and businesses in administrative proceedings before California regulatory and governmental agencies, including the State Bar of California, Medical Board of California, California Labor Board (Division of Labor Standards and Enforcement), Contractor's Licensing Board and in various local government proceedings.

Representative List of Clients

  • TechLink Systems, Inc. - Nationwide staffing services
  • Ryan Associates, Inc. - Residential construction
  • Novellus Systems, Inc. - Semiconductor manufacturing equipment provider
  • Thermo Finnigan - Scientific equipment manufacturer
  • Vacumi, Inc. - Manufacturing and sourcing firm
  • JLFranklin Wealth Planning - Financial planning and wealth management
  • The Compadres - Family restaurant chain
  • Borton Hermeneutics, LLC -Seed capital investment holding company
  • It's Yoga - Ashtanga yoga studios
  • Roots Run Deep, LLC - Vintner
  • Offbase Productions, Inc. - Publisher
  • Floorcraft Carpet One - Home improvement retailer
  • Morgan Dorado Public Relations, LLC - Public relations services
  • Avanti Restaurant Solutions, Inc. - Restaurant supply and designers
  • Sweetrush, Inc. - Interactive e-learning solutions provider

Selected Client Representations

Lion's Gate Entertainment v. The Urban Smalls, Inc. (2008) - Federal Copyright action. Obtained a negotiated prospective license on behalf of fifty-one defendants and potential defendants in a copyright dispute regarding use on baby clothing of the well-known phrase "Nobody Puts Baby in the Corner," a notable phrase from the motion picture Dirty Dancing.

Carmel Software, Inc. (2008) - Represented industrial software company in intellectual property asset sale and related earn-out agreement with Autodesk, Inc.

Greene Archives v. Julien's Auction House (2007) - Federal copyright infringement jury trial, copyright claims regarding Marilyn Monroe photographs, pretrial demand $1.8 million, defense verdict and prevailing party determination. Obtained an attorney's fees award on behalf of client, and against plaintiff, of several hundred thousand dollars (Ninth Circuit appeal pending).

Richter Robb v. Iglesias (2007) - Represented insurance brokerage in defense of competitor's trade secret theft claims following defection of key employees. Obtained dismissal from plaintiffs prior to trial, no payment by defendants.

Avanti Restaurant Solutions, Inc. (2007) - Represented restaurant supply and design company in successful acquisition of TiCon Restaurant Equipment, LLC.

Professional Contributions

Mr. McClellan is an active member of the University of San Francisco Alumnae, having acted as the President and a Board Member of the Law Society Board of Governors for the University of San Francisco, School of Law. He is also a member of the American Inns of Court and the California and San Francisco Bar Associations.

Community Contributions

A volunteer contributor, Mr. McClellan currently acts as general counsel on behalf of the Alameda East Bay Miracle League. Additionally, he has and continues to advise a variety of non-profit charitable organizations on corporate, employment, and litigation matters on a pro-bono basis.


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