U.S. District Court Northern District of Illinois, 2023
University of Louisville Louis D. Brandeis School of Law, Louisville, Kentucky, J.D., magna cum laude, 2005
Hanover College, Hanover, Indiana, B.A. Philosophy and Political Science, 1995
Bruce Paul is a business counselor and litigator with experience in the areas of intellectual property, trade secrets and employment, governance and shareholder issues, risk management, and product liability. The most exciting part of his job is immersing himself in clients’ businesses, learning what they do and what issues impact them the most, and finding legal solutions to business problems (and vice versa)—both known and unknown. This is especially true in the areas of intellectual property and technology, where the laws written frequently do not align with the reality of our times. The laws can’t keep up with technology, so Bruce sees it as his job to understand where the law is and where it is going and anticipate best business and legal practices to avoid exposure and ensure success.
Bruce always approaches legal issues from the perspective of the person or company he is helping. Not only does he represent his clients to the best of his ability, he also considers himself a personal fan of them and their businesses. Bruce has a vested interest in his clients' success and prosperity. He understands that, from his clients' perspectives, a legal win isn’t always a business win. Likewise, he understands that the quick business solution to legal disputes may cause unintended and harmful legal consequences in the future. Regardless of the issue, he first aims to understand his clients' businesses and goals, taking into consideration a wide variety of factors that frequently have nothing to do with the law. Bruce works to counsel clients through options and solutions - legal and otherwise - that best achieve those goals. If there arises a need to fight to win, he is ready, willing, and able. But because fighting to win isn't always the best option, Bruce is equally prepared to resolve complicated matters in a creative and advantageous manner.
Bruce serves on the board of directors of Gilda’s Club Kentuckiana, a cancer support organization. This organization is very important to him because his mother had cancer and Gilda’s Club was the best support system he and his family could have ever found for her—and it is free of charge. Bruce's wife and family are also actively involved in the Norton Children’s Foundation here in Louisville, which provides excellent medical care to children from the Louisville region while providing needed support for family members. Bruce has previously served on the board of directors of One Southern Indiana, Southern Indiana’s Chamber of Commerce and Economic Development organization. He is also a member of Leadership Louisville and Leadership Southern Indiana.
CAPABILITIES, EXPERIENCE AND NOTABLE ASSIGNMENTS
- Rich experience in electronic data, using electronic data and tools effectively in discovery and motion practice, and leveraging those tools for a favorable resolution of matters.
- In Atari Interactive, Inc. v. Pixels.com, LLC (Case No. 1:2021-cv-04272 (S.D.N.Y.)), Mr. Paul convinced Atari to walk away from its copyright and trademark complaint without any payment or even a confidentiality agreement after defeating Atari’s motion to compel financial and sales data from online platform that was unrelated to alleged Atari properties. Also critical to that defense was the team's use of shareholder reports and stock price information from Atari that ran counter to its allegations and claims against Mr. Paul's client.
- In Sid Avery Associates, Inc. v. Pixels.com, LLC (Case No. 2:2018-cv-10232 (C.D.Cal.)), Mr. Paul and his team obtained a defense judgment, first in a partial summary judgment ruling and second after a bench trial of copyright infringement claims. The client prevailed on its immunity defense under the Digital Millennium Copyright Act. 2021 WL 736258 (C.D. Cal. Feb. 24, 2021).
- In Lopez v. Zazzle, Inc. (Case No. 1:2017-cv-08493 (S.D.N.Y)), Mr. Paul and his team obtained dismissal of a plaintiff’s trademark claims against an online platform by showing that a plaintiff fails to state a claim upon which relief is available where third party uploaders to the platform are the ones “using” the trademark as contemplated under the Lanham Act. 2019 WL 5199431 (S.D. N.Y. Sept. 30, 2019).
- In Ramsey v. Walchle (Case No. 3:19-cv-01340 (M.D.Fla.)), a trademark and patent case, Mr. Paul and his team obtained a favorable settlement after obtaining third party sales and advertising data from Shopify and Google—which the defendant claimed no longer existed—that showed extensive advertising and tens of thousands of sales of a product the defendant allegedly stole from our client.
- In Silverlo Enterprises LLC v. Lexington Laser Hair Removal, LLC (Case No. 5:21-cv-00120 (E.D.Ky.)), Mr. Paul and his team forced a competing laser hair removal company using an infringing trademark to rebrand under a different name.
- In ThePost LLC v. At the Post Sports Bar and Grill, LLC (Case No. 3:17-cv-00577 (W.D.Ky.)), Mr. Paul and his team forced a competing restaurant using an infringing trademark to close and rebrand.
- Obtained summary Judgment for a national rental car leasing company that was sued for negligent entrustment by showing a lack of actual knowledge of intoxication at the time of the rental.
- Succeeded in excluding expert opinion offered by a plaintiff that purported to show a protective neck brace caused plaintiff’s injury in dirt bike accident, which also resulted in summary judgment in favor of our client.
- Arbitration victory representing bank against a bank deposit box customer claiming liability for lost coin collection allegedly worth hundreds of thousands of dollars.
- Favorable settlement after contentious litigation between manufacturers involving yacht production.
Experience litigating domain disputes, most recently for the Bardstown Bourbon Company against a “typosquatter.”
Additional Practice Experience
- Indiana Bar Association, 2005
- Kentucky Bar Association, 2006
- Louisville Bar Association, 2006
- Virginia Bar Association, 2019
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- Two New Intellectual Property Laws Now in Effect – at Least in Theory January 3, 2022
- Supreme Court: Bad Intent Not Enough to Violate the Computer Fraud and Abuse Act June 14, 2021