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Admitted to Practice

  • Washington, 2008
  • Tulalip Tribal Courts Washington
  • U.S. District Court Western District of Washington
  • U.S. District Court Eastern District of Washington
  • U.S. Court of Appeals 9th Circuit
  • U.S. Court of Appeals 2nd Circuit
  • U.S. Supreme Court

John A. Goldmark

GoldmarkJohn
Associate
T206.757.8068
F206.757.7068

John Goldmark represents clients in complex litigation and appeals, with an emphasis on intellectual property disputes, class action defense, and securities litigation. He has hands-on experience in a wide variety of matters, including intellectual property litigation (plaintiff and defense), consumer class actions, state and federal securities fraud claims, contract disputes, and appellate litigation. John represents clients from a variety of industries, including online retail, software, telecommunications, international import, national retail and distribution, health care, and financial services.

Representative Experience

Selected Intellectual Property Litigation Experience

Play Vision v. Dollar Tree Stores

Represent national retailer in defending patent, copyright, and trademark infringement suit involving various thermoplastic rubber toys. Obtained voluntary dismissal with prejudice of all claims, including court ordered monetary sanctions and attorneys’ fees against plaintiff and its counsel. 2011 WL 2292326 (W.D. Wash. 2011)

Zhongyi v. Microsoft

Representing Microsoft in copyright infringement action involving Chinese fonts. Obtained transfer to W.D. of Washington and then dismissal with prejudice of all claims. 2013 WL 6979555 (W.D. Wash.,2013). Plaintiff’s appeal to the 9th Circuit Court of Appeals is pending. (2014)

Routt v. Amazon

Representing Amazon in copyright infringement action concerning material posted on third-party associate websites. Obtained dismissal with prejudice of all claims. 2013 WL 695922 (W.D. Wash. 2013). Plaintiff’s appeal to the 9th Circuit Court of Appeals is pending. (2014)

EdiZONE v. Toysmith

Lead counsel to major toy wholesaler in defense of patent infringement suit involving color-changing toys. Obtained voluntary dismissal with prejudice of all claims. (D. Utah 2011)

Toysmith v. Poof-Slinky

Representing 4M and Toysmith in copyright infringement and tortious interference suit against competitor distributor and retailer concerning children’s science kits. (W.D. Wash. Ongoing)

Selected Consumer Class Action Experience

Peters v. Amazon.com

Representing Amazon.com in a putative nationwide class action challenging timing for disbursing seller funds. Obtained order compelling individual arbitration and plaintiffs’ voluntary dismissal of all claims. 2013 WL 7872692 (W.D.Wash. 2013). Plaintiffs' appeal to the 9th Circuit Court of Appeals is pending. (2014)

Lane’s Gifts v. Microsoft

Representing Microsoft in a putative nationwide class action alleging BingAds charges to advertisers breached their contract and violated the Washington consumer protection act, among other claims. (W.D. Wash. Ongoing)

Schumacher v. Amazon

Represent online retailer in putative class action in California federal district court against product liability and warranty claims. Obtained dismissal. (2012)

Washington Mutual securities litigation

Represented former Washington Mutual officers in putative class action in federal court alleging securities fraud claims arising from collapse of housing market. Case settled after four years of litigation. (W.D. Wash. 2011)

Other Selected Litigation Experience

Williams v. Seattle Seahawks

Representing Seattle Seahawks against suit brought by disgruntled San Francisco 49ers fan challenging geographic limits on ticket sales for the NFC Championship game between the Seahawks and 49ers. (D. Nev. Ongoing)

FutureSelect v. Ernst & Young

Represent auditor in securities fraud suit in state court against negligent misrepresentation and state securities fraud claims arising from fallout of the Bernie Madoff Ponzi scheme. Obtained complete dismissal of all claims with prejudice. Plaintiffs’ appeal pending before the Washington Supreme Court. (2014)

Cook v. Providence

Representing Providence hospitals in qui tam lawsuit seeking to assert claims under the Federal False Claims Act regarding patient billing practices. (W.D. Wash. 2014, Ongoing)

W.S. Store Corporation v. Philip Morris

Represent international tobacco retailer and distributor against defamation claims in Washington state court. Obtained summary judgment dismissal with prejudice. (2012)

Carroll v. Lee

Pro bono representation of individual alleging civil rights violations for detention beyond statutory maximum sentence. Obtained favorable settlement on plaintiff's behalf. (W.D. Wash. 2010)

Additional Qualifications

  • Trial Fellowship, King County Prosecutor’s Office, Felony Trial Unit, June-July 2012
  • Law Clerk, Hon. John C. Coughenour, U.S. District Court, Western District of Washington, Seattle, 2008-2009
  • Summer Associate, Davis Wright Tremaine, Seattle, 2007
  • Extern, Hon. Ricardo S. Martinez, U.S. District Court, Western District of Washington, Seattle, 2006
  • Intern, Schroeter Goldmark & Bender, Seattle, 2001, 2004
  • Intern, Fred Hutchinson Cancer Research Center, Seattle, 2002 

Professional & Community Activities

  • William L. Dwyer Inn of Court, 2011-2014
  • Tribal Court Spokesperson, Tulalip Tribes of Washington, 2008

Professional Recognition

  • Selected to “Washington Rising Stars,” Thomson Reuters, 2013-2014