Lisa Martens

Law School
DePaul University College of Law

Major Cases
*Evolution Fast Foods, LLC et al. v. Evolution Fresh, Inc. and Starbucks Corporation (2012) -- Defended Starbucks in a trademark infringement action involving its use of Evolution Fresh for juice bars brought by Evolution Fast Foods, a San Diego vegan fast-food restaurant. Case settled favorably.

*Cricket Communications Inc. v. ABC Wireless Choice (2010) -- Obtained preliminary injunction for client Cricket in this trademark and false advertising case in the Northern District of Illinois involving the Cricket mark in connection with Defendant's cellular stores. Subsequently obtained a permanent injunction and an award of attorneys' fees.
* Cricket Communications Inc. v. Abid Nazir dba GSM Cellular (2008-2010) -- Obtained preliminary injunction for client Cricket, enjoining Defendant's use of the marks Cricket and Kricket in connection with his cellular stores. Subsequently obtained victory on the merits on summary judgment as well as an award of all attorneys' fees expended in the litigation.
* BBU, Inc. et al v. Sara Lee Corporation, et al. (2009) -- Successfully represented BBU in a trademark infringement and unfair competition action relating to its Sandwich Thins trademark. Obtained a preliminary injunction enjoining Sara Lee's sale of a competing bread product under the Thins mark. Decision affirmed on appeal by the 9th Circuit Court of Appeals.

Professional Background
Lisa Martens is a principal in the Southern California office of Fish & Richardson PC. Her practice focuses on the protection and enforcement of brands for clients ranging from startups and emerging companies to Fortune 500 corporations. She has particular expertise in the food service, health care, e-commerce, semiconductors, sporting goods and retail clothing industries. Martens counsels clients on a variety of trademark issues, including the development of U.S. and foreign trademark portfolios, global brand strategy, and licensing. She has also successfully handled numerous domain name disputes in the U.S. and worldwide. In addition, Martens regularly provides advice on advertising substantiation and rights of publicity and has successfully litigated false advertising and right of publicity cases in federal court. Martens has substantial experience bringing and defending enforcement and litigation matters before the Trademark Trial and Appeal Board, the National Advertising Division of the Council of Better Business Bureaus, and in state and federal district courts related to trademarks, copyrights, unfair competition, anti-counterfeiting, and false advertising.

Professional Affiliations
Member: International Trademark Association (Alternative Dispute Resolution Committee), American Bar Association, California Bar Association, San Diego Intellectual Property Law Association, Athena San Diego (chairwoman, board of directors).