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Admitted to Practice

  • California, 2002
  • U.S. District Court Central District of California
  • U.S. District Court Eastern District of California
  • U.S. District Court Northern District of California
  • U.S. District Court Southern District of California
  • U.S. Court of Appeals 9th Circuit

Languages

  • Spanish

Carla A. McCauley

McCauleyCarla
Partner
T213.633.8665
F213.633.6899
Carla McCauley is a trial lawyer who specializes in copyright, trademark, false advertising, and trade secret litigation and appeals. Carla is a co-author of the 2016 edition of the national practitioner’s guide “Trade Secrets: Law and Practice,” published by LexisNexis.

Carla also defends complex commercial litigation and class actions involving false advertising, unfair competition, and business torts.

Representative Experience

Sechrist Industries, Inc. v. Baro-Serv, Inc.

Pursuing trade secret misappropriation and Lanham Act false advertising claims by hyperbaric chamber manufacturer against competitor. (E.D. Tenn. 2015)

UPI Marketing Corp. v. Alberto Flecha et al.

Pursuing claims of trade secret misappropriation and breach of fiduciary duty by marketing company against former employee and competitor. (N.Y. Sup. Court 2015)

SATA GmbH & Co. KG v. Wenzhou New Century International, Ltd., et al.

Secured ex parte seizure order and TRO on behalf of German automotive paint gun manufacturer in trademark counterfeiting and patent action. (C.D. Cal. 2015)

China Central Television et al. v. Create New Technology et al.

Secured award of $55 million in damages on behalf of Chinese television broadcasters and DISH Network in copyright and trademark infringement action against manufacturer and distributor of “TVpad” set-top box. (C.D. Cal. 2015)

Edge Games, LLC v. Houghton Mifflin Harcourt Publishing Company

Defended textbook publisher on claims of trademark infringement, unfair competition, and false advertising. (C.D. Cal. 2015)

Entertainment Printing Enterprises v. CreativeMob, Inc., et al.

Defended startup company and its founder against allegations of trade secret misappropriation. (L.A. Super. Ct.; Cal. App. Ct. 2014)

Prospect Mortgage LLC v. Jeremy DeRosa, et al.

Represented mortgage company in jury trial alleging claims for unfair competition and employee raiding against competing mortgage company. (O.C. Super. Ct. 2012-2014)

Munchkin Inc. v. Playtex Products LLC

Represented Playtex in false advertising jury trial involving advertising superiority claims as to the odor control capabilities of the parties' respective diaper pails. (C.D. Cal., 9th Cir. 2011-2013)

ANT v. The Gurin Company

Successfully defended The Gurin Company against claims for trademark infringement and identity misappropriation brought by a comedian known as ‘ANT,’ who claimed the British comedy duo “Ant and Dec” infringed his identity in Gurin’s television program “Wanna Bet.” All claims against Gurin were dismissed by the federal district judge and attorneys’ fees were awarded. (C.D. Cal. 2010-2011)

Consumer Legal Remedies Act class action

Negotiated favorable pre-litigation settlement on behalf of international beauty products manufacturer in response to California Consumer Legal Remedies Act claims made by purchasers of various products. (Los Angeles Cnty. (Cal.) 2011)

Herpin v. Simon & Schuster

Successfully defended Simon & Schuster and child star Jodie Sweetin against false-light lawsuit filed by her ex-husband based on her memoir. The plaintiff dismissed his lawsuit with prejudice after defendants filed their anti-SLAPP motion. (Cal. Super. Ct. 2011)

NR Software Inc. v. XO Communications, LLC

Represented XO in action involving cross-claims, including complaint by colocation customer alleging unfair competition and cross claim by XO against customer for breach of contract. Action resolved and dismissed immediately prior to jury trial. (LA Super. Ct. 2010)

Hypertouch Inc. v. Valueclick*

Represented Internet service provider in action against Internet advertising businesses for violations of California’s Anti-Spam Act. Summary judgment reversed on appeal in published decision at 192 Cal. App. 4th 805 (2011). (LA Super. Ct. or Cal. Ct. Appeals, 2nd Dist. 2009-2010)

Louis Vuitton Malletier v. The Flea Market, Inc.*

Pursued trademark counterfeit claims against flea market on behalf of Louis Vuitton. (N.D. Cal. 2009)
* Denotes experience completed at a prior firm

Additional Qualifications

  • Law Clerk, Hon. Pamela A. Rymer, U.S. Court of Appeals for the 9th Circuit, Pasadena, Calif.
  • Law Clerk, Hon. Alicemarie H. Stotler, U.S. District Court, Central District of California, Santa Ana, Calif.
  • Judicial Extern, Hon. Eduardo Moliné O'Connor, Supreme Court of Argentina, Buenos Aires, Argentina

Professional & Community Activities

  • Volunteer Big Sister, Big Brothers and Big Sisters of Greater Los Angeles, 2006-2013

Professional Recognition

  • Selected to "Southern California Rising Stars," Thomson Reuters, 2007-2008, 2013-2015; "Southern California Super Lawyers," Thomson Reuters, 2014-2016
  • ACLU Artistic Freedom Award, June 8, 2012