gradient
gradient

Marcy Bergman is managing partner of the San Francisco office and leader of the firm’s Retail and Consumer Products Group.  Ms. Bergman focuses her practice on representing retailers in a wide range of matters, specializing in commercial litigation and intellectual property.  Ms. Bergman has extensive trial experience in state and federal courts and before the Trademark Trial and Appeal Board, litigating trademark, trade dress and copyright infringement cases.  She has litigated numerous business disputes including trade secret, false advertising, unfair business practices, privacy and consumer class actions.  Ms. Bergman acts as outside general counsel to a national retailer and advises companies including retailers, manufacturers, and distributors on a broad range of issues such as e-commerce, privacy, Proposition 65, advertising, intellectual property, licenses and other agreements, consumer product safety, and ADA compliance.

Civic Involvement & Honors

    • California Super Lawyers, 2006-2013
    • Top 50: 2013 Women Northern California Super Lawyers
    • Top 50: 2013 Women Northern California Super Lawyers
Read More

Professional Affiliations

    • Bar Association of San Francisco (Chair, Litigation Section, 2004-2006)
    • International Trademark Association
    • Napa Valley Grape Growers Association
    • International Trademark Association
    • Napa Valley Grape Growers Association
    • Napa Valley Grape Growers Association
Read More

Representative Experience

  • Successfully represented a footwear company in litigation against an online retailer of copy footwear based in China
  • Defended a national retailer in trade secret and unfair competition litigation brought by the former employer of two key senior executives
  • Successfully litigated numerous trade dress infringement cases in U.S. District Court on behalf of a UK footwear manufacturer to enforce the company’s distinctive trade dress
  • Outside general counsel for a national retailer headquartered in the San Francisco bay area
  • Defended a fashion clothing retailer in copyright infringement cases
  • Represented retailers in class action litigation in US District Court alleging violation of the Fair and Accurate Credit Transactions Act (FACTA) and successfully defeated plaintiffs’ class certification motion in the first case to be argued (out of more than 100 cases)
  • Represented retailers in ADA premises litigation
  • Represented defendants in numerous California class actions alleging violations of consumer protection statutes including Calif. Civil Code § 1747.08 relating to collection of personal identification information in connection with credit card transactions
  • Represented retailers in business process patent infringement matters
  • Successfully litigated action against a major television company for trademark infringement on behalf of a manufacturer of electronics products
  • Successfully litigated a counterfeiting action against a Southern California importer and obtained an ex parte order, resulting in the seizure of numerous counterfeit products 
  • Prosecuted a false advertising and unfair competition complaint against a national retailer of wine and beverages
  • Represented retailers doing business in California in Calif. Proposition 65 litigation alleging failure to warn consumers about exposure to lead, phthalates and other toxic substances
  • Represented a Napa Valley winery in U.S. District Court trademark infringement litigation filed by a competing wine company over its brand name
  • Represented numerous wineries in trademark matters, including defending and prosecuting trademark infringement matters