Eric Ball

Angel Chiang

Eric Ball is a Litigation Partner at Fenwick & West, and focuses his practice on trademark litigation and Trademark Trial and Appeal Board disputes. He also has substantial experience in trade secret, copyright and complex commercial litigation matters. In trademark matters, Eric has successfully defended and prosecuted multiple trademark litigations and Trademark Trial and Appeal Board proceedings with a particular emphasis on priority disputes and matters asserting reverse confusion. Eric also has significant international trademark experience including in the EU and key Asian and Latin American markets. With this experience he has successfully defended multiple gaming and social media companies—both startups and established companies—in international trademark disputes allowing for their international expansion.

For more information or to contact Eric, please visit his Firm Profile Page.


Posts by Eric Ball


The Ninth Circuit Writes the Script on Pleading and Proving Reverse Confusion Claims

The Ninth Circuit clarified the requirements for pleading and establishing a trademark infringement claim under a reverse confusion theory in Marketquest Group v. BIC, Case No. 15-55755 (9…
By Angel Chiang & Eric Ball
9 months ago 0

Ninth Circuit Confirms Willfulness is Required to Award Profits in Trademark Cases

As Stone Creek deepens the divide among circuits, the issue of whether willfulness is required for disgorgement of a defendant’s profits in trademark cases is ripe …
By Shannon Turner & Eric Ball
9 months ago 0

Supreme Court Rocks the Trademark Office in ‘Slants’ Case

After a streak of six patent decisions uniformly overruling the Federal Circuit, and for the first time all term, the Supreme Court finally handed the Federal Circuit …

Almost Famous: Many Trademark Owners Find Dilution Claims Out of Reach

In a dilution claim, a trademark owner asserts that their famous mark is entitled to protection from use that causes harm to the mark’s reputation or …
By Eric Ball & Carly Bittman
1 year ago 0

Can Internet Comments and Search Results Prove Trademark Infringement?

You’ve selected a unique trademark, marketed and sold products under the brand, and continue to build up a base of satisfied customers. But then a new …
By Eric Ball & William Pierog
1 year ago 1

What’s New with the Changes to the Trademark Trial and Appeal Board Rules of Practice

The Trademark Trial and Appeal Board (TTAB or the Board) Rules of Practice will change on January 14, 2017. The new rules will be applicable to all inter partes (…
By Eric Ball & Emily Gische
1 year ago 0

Supreme Court to decide if disparagement provision in the Lanham Act is invalid under the First Amendment?

Based on the question presented in Lee v. Tam, the Supreme Court made clear that its grant of review is only as to the disparagement provision in …
By Eric Ball & Moira Lion
2 years ago 0

How Trade Dress Can Help Game Developers Level Up

A developer asserting trade dress protection must, therefore, establish that a game’s design does not yield a utilitarian advantage by demonstrating that “the product feature serves …
By Eric Ball & Alexander Ip
2 years ago 0