Leo Bautista

Partner

Leo.Bautista@lewisbrisbois.com

Leo Bautista is a partner in the Los Angeles office of Lewis Brisbois, a member of the Intellectual Property, Complex Business & Commercial Litigation and Technology Group, and co-chair of the Franchise and Distribution, and Trade Secrets and Non-Compete Disputes Practices. He received his undergraduate degree in Political Science from Stanford University and his law degree from Berkeley Law (University of California, Berkeley).

Mr. Bautista’s practice focuses on intellectual property, commercial litigation, and franchising. He has litigated intellectual property matters for U.S. and international clients including trademark, copyright, trade secrets, technology, anti-piracy, counterfeiting, right of privacy and publicity, licensing, franchising, and patents. He has also litigated many matters involving Internet commerce, including trademark and e-commerce disputes, copyright infringement and unfair competition claims, and also advises startup and established national and international companies with intellectual property matters.

Mr. Bautista is a Certified Specialist of franchise and distribution law by the State Bar of California Board of Legal Specialization and has a lengthy background in advising franchising companies and litigating franchising disputes in civil litigation and private arbitrations involving issues ranging from terminations and contract enforcement, to anti-trust, fraud, and rescission claims by single units, and by multiple parties in system-wide disputes.  Mr. Bautista and has also served as a court appointed and privately retained arbitrator in civil disputes related to commercial matters and tort actions.

Mr. Bautista also advises startup and established national and international companies with intellectual property and franchise matters including the protection of trade secrets, perfection of domestic and international intellectual property rights, franchise relations, social media, advertising, licensing agreements, merchandising, trademark and copyright registration, patent applications, internet commerce, transfers of ownership, and business formation.

Primary Area(s) of Practice

  • Intellectual Property & Technology
  • Franchise & Distribution
  • Trade Secrets & Non-Compete Disputes
  • Complex Business & Commercial Litigation

Admissions

California

Associations

  • Former Co-Chair, State Bar of California Franchise Law Committee
  • International Trademark Association
  • Intellectual Property Law Section, State Bar of California
  • Certified Specialist, Franchise and Distribution Law, The State Bar of California Board of Legal Specialization
  • Business Law Section, State Bar of California
  • Media Law Resource Group
  • Franchise Arbitration and Mediation Services, Arbitrator/Mediator
  • Latin Business Association
  • Mexican American Bar Association
  • Trustee, Mexican American Bar Foundation

Education

University of California, Berkeley Law School (Boalt Hall)

Juris Doctor, 1990

Stanford University

Bachelor of Arts, 1985

Representative Cases

  • Waters Edge Wineries, Inc. v Franson Family Wineries. LLC et al., United States District Court, Central District of California. (Obtained a monetary award of $1.8 million and an injunction, plus attorneys’ fees and costs, on behalf of a winery franchise company pursuing claims for breach of contract, breach of implied contract, declaratory relief, and injunction against the defendants. Also successfully defended client against counterclaims for fraud, recission, and unfair competition. See the full order and judgment here.)
  • Malch v. Native Foods Holding Corporation, et. al., United States District Court, Central District of California. (Successfully defended restaurant chain against claims by its founder and former head chef of trademark infringement, unfair competition, breach of contract, and unauthorized use of name and likeness, through trial.)  
  • Pollo Campero S.A. v. Aguilar, United States District Court, Central District of California, Case No. CV98-2903 CBM (RZX). (Successfully prosecuted trademark infringement and unfair competition claims on behalf of foreign restaurant chain allowing them to commence franchise operations in the United States.)
  • American Honda Motor Corp v. Rinkied, United States District Court, Central District of California. (Successfully prosecuted trademark infringement and unfair competition claims on behalf of automotive company.) 
  • Jack Jones v. National Hot Rod Association. (Defended motorsports association in claims arising out of alleged unauthorized use of racer’s image in championship trophy and related merchandising)
  • EPAGE v. HOMEPAGE.COM, INC. (aka Frontera Corporation), et. al., Case No. CV-00-06869 RJK (Ctx) in the United States District Court, Central District of California. (Prosecuted claims for Trademark Infringement, False Designation of Origin, Trademark Dilution, Unfair Competition on behalf of one of the first 1500 websites on the internet.)
  • AMEC Environment & Infrastructure, Inc. v. Intergral Consulting, Inc. et al, United Stated District Court, Northern District of California, Case No. CV 12 1735 JSC (NC). (Defended environmental engineering firm against claims of misappropriation of trade secrets and unfair competition.)
  • Bandai Entertainment, Inc. v. OTAKU Entertainment, Inc. et al, United States District Court, Central District of California, Case No. SAC V04-791 GLT (MLGx) (Successfully prosecuted claims for counterfeiting, trademark infringement, copyright infringement, and unfair competition on behalf of Japanese toy manufacturer.)
  • Blue Mako, Inc. v. Red Brick Pizza, United States District Court, Central District of California  (Prevailed on summary judgment on claims of trademark infringement by national restaurant chain against former licensees/franchisees.)
  • Shirley Everett-Dicko v. Dorothy King Jernegan; Everett and Jones Jack London Square LLC, et al., Alameda County Superior Court Case No. RG12634726 (Prevailed at trial in claims of trademark infringement, misappropriation of corporate assets, and unfair competition obtaining judgment in favor of corporate owners of restaurant chain.)
  • Shasta-Siskiyou Transport, Inc. v. Beer, Boats, Bullets & Booze, Inc., Shasta County Superior Court, Case No. 166567 (Successfully represented satellite based network data provider against claims by data service customer alleging negligent operation and design of data network.)
  • Tenderworks, LLC et. al. v. Waba Grill Franchise Corporation, et. al., Los Angeles Superior Court, Case. No. BC526896 (Defended franchisor in claims by multi-unit franchisee of misrepresentations in sales of out-of-state franchises and unfair competition.)
  • US Foods, Inc., v. Bi-Rite Restaurant Supply Co., Inc., et, al., United States District Court For The Northern District Of Illinois, Case No. 1:14-cv-02854 (SDY) (GSBx) (Defended regional food service distributor against claims by larger national food service food distributor alleging misappropriation of trade secrets and unlawful raiding of employees.)
  • JIBJAB Media, Inc. v. Hyundai Motor America, et. al United Stated District Court, Central District of California, Case No. 2:12-CV-09591 CS(MANx) (Defended automobile manufacturer and distribution company in claims by media company of trademark infringement, copyright infringement in advertising.)
  • Moore et. al v. MuscleTech Research and Development, Superior Court of California, County of Riverside (Defended health supplement company in claims alleging misappropriation of name and likeness, false advertising, unfair competition.)
  • Jay Bharat Developers v. Red Brick Pizza, Los Angeles County Superior Court. (Prevailed at arbitration and defeated claims by master developers against franchisor for alleged fraud and unfair competition, prevailing on subsequent appeals.)