Vijay Toke

Vijay K. Toke, a member of Pillsbury’s Intellectual Property practice, focuses on trademark, copyright, and licensing disputes in federal courts nationwide and before the Trademark Trial and Appeal Board (TTAB).

Vijay believes in a tailored approach to litigation and trademark maintenance—one size does not fit all. He views litigation as a business tool, not an end in and of itself, and has litigated for clients in federal courts in jury and bench trials, and on appeal.

Vijay also advises on maintaining and enforcing trademark portfolios. Clients include technology companies, fashion and luxury brands, wineries, telecommunications companies, design houses, consumer goods manufacturers, food product brands, retailers, and restaurants and hospitality companies.

REPRESENTATIVE EXPERIENCE :

• Represented telecommunications and broadband trademark plaintiff, winning major motion for defendant to turn over broad categories of privileged documents, resulting in highly favorable confidential settlement.
• Representing major car and replacement part manufacturer in gray market goods cases throughout the U.S.
• Represented mobile app developer against major food brand for copyright and trade dress infringement relating to mobile apps, leading to highly favorable confidential settlement.
• Represented defendant winery in trademark dispute, resulting in full defense verdict in bench trial.
• Represented famous electronics brand as plaintiff against television network in jury trial in trademark infringement and dilution dispute, leading to favorable settlement at the close of plaintiff’s case.
• Represented plaintiff famous footwear brand over trade dress infringement against competitor under novel theory of recovery, defeating motion to dismiss and leading to favorable settlement.
• Defended artisanal vodka brand in TTAB cancellation proceeding brought by well-known rock band and related beer company, leading to dismissal of action.
• Represented home furnishings company as plaintiff in copyright dispute against large national retailer over popular glassware design, leading to full disgorgement of profits.
• Co-authored amicus brief to Third Circuit Court of Appeals in false advertising case on presumptions of irreparable harm in Lanham Act cases.

Associations :

• Faculty, PLI (2010-present)
• Faculty, Mind The Bridge startup incubator (2012-2016)
• Member, International Trademark Association (2004-present), Leadership Development Committee
• Member, San Francisco Bar Association
• Member, South Asian Bar Association
• Director, Aurum Preparatory Academy (charter middle school)

EDUCATION :

• J.D., University of California, Hastings College of the Law, 2001
• M.P.A., California State University, Hayward, 1997
• B.A., Biology, Swarthmore College, 1996

ADMISSIONS : California

COURTS :

• United States District Courts for the Northern, Southern, Eastern and Central District of California
• United States District Court for the District of Colorado
• United States District Court for the District of Delaware
• United States District Court for the Eastern District of Missouri
• United States District Court for the Southern District of New York
• United States Supreme Court