Apart from litigation, Mr. Gilchrist regularly advises clients on brand protection and product distribution strategies and a wide variety of commercial disputes. He works closely with clients to design processes and programs that lawfully implement their commercial objectives. His extensive experience in pre-litigation counseling includes serving on a number of client policy committees and training teams.

Mr. Gilchrist is recognized as a Northern California "Super Lawyer" in the area of Intellectual Property by Super Lawyers magazine. He is listed in Best Lawyers in America® for Commercial Litigation, Intellectual Property Litigation, and Trademark Law. Mr. Gilchrist was also recognized as a 2019 "San Francisco Lawyer of the Year" in the area of Trademark Law by The Best Lawyers in America®. He is listed in the World Trademark Review 1000 – The World's Leading Trademark Professionals. Mr. Gilchrist has been recognized repeatedly for Trademark Law in The International Who's Who of Business Lawyers. In 2020, clients named Mr. Gilchrist as a "BTI Client Service All-Star" in recognition of his client service excellence. He is AV® Preeminent rated by Martindale-Hubbell.*

Representative Recent and Pending Engagements

Levi Strauss & Co. Representing company in commercial litigation, arbitration and global trademark enforcement program. Counseling about distribution policies, license disputes, internet policies, trademark and copyright policies and education for sales and marketing forces. Recent arbitrations include Ganaderia v. Levi Strauss in which company made recovery from former Brazilian licensee and defended against wrongful termination claims, and recently completed hearing in phase one of Singapore International Arbitration Centre dispute regarding former distributor in Asia of distressed products.

Patagonia Inc. Representing client in brand enforcement and commercial litigation including Patagonia, Inc. v. Anheuser Busch LLC, a dispute about a trademark for beer.

WeRide v. Jing Wang, et al. Representing former CEO accused of stealing trade secrets relating to autonomous vehicles.

Large Home Furnishings Company. Representing company in international trademark, trade dress and copyright litigation and in brand, copyright and design patent enforcement efforts. Providing counsel about brand and copyright protection strategies; protection of IP assets on-line, and vendor strategies.

Go. v. Microsoft. Represented company who pioneered tablet technology in antitrust litigation involving alleged conspiracy to monopolize operating system market.

Tequila Supremo S.A. v. Gallo, Inc. Represented tequila producer in multiple phases of ICC arbitration involving disputes under tequila supply and distribution agreement.

Medtronic Inc. v. Edwards Life Sciences, Inc. Represented defendant and cross-claimant in patent infringement lawsuit involving patented heart valve repair and replacement technology.

Representative Trials

Spiece v. Levi Strauss & Co. Represented client in lawsuit involving terminated distributor asserting counterclaims for antitrust violations, deceptive franchise practices and dealer termination claims.

Commonwealth Scientific & Industrial Research Organisation v. Intel, Microsoft, Dell, H-P et al. Represented Australian governmental research organization in patent infringement trial regarding patents for wireless LAN technology.

Levi Strauss & Co. v. Abercrombie & Fitch. Represented Levi Strauss in trial against competitor regarding allegedly infringing stitching design.

All Alaskan Seafoods v. Raychem Corporation. Represented Tyco Electronics Corp. [successor of Raychem] in trial of product liability action involving claims in excess of $150 million arising from fire aboard salmon and crab processing vessel.

Fisherman's Wharf Bay Cruise Corporation v. Blue & Gold Fleet. Represented client in arbitration regarding settlement reached during pre-trial of predatory pricing, tying, price and services discrimination claims.

Levi Strauss & Co. v. Vivat Holdings. Represented client in TTAB trial proceedings regarding trademark applications of rival jeans manufacturer.

Representative Appeals

Levi Strauss & Co. v. Abercrombie & Fitch. Represented client in appeals regarding claim preclusion (Federal Circuit) and proper standard for dilution under Trademark Dilution Revision Act (Ninth Circuit).

Informatica Corp. v. Bus. Objects Data Integration, Inc. Represented client in appeal regarding validity and infringement of software patent.

Unit Process Co. v. Tyco Flow Control. Represented manufacturer in state and federal appeals regarding exclusive dealing, tying, monopoly, trade libel and franchise law claims.

Fisherman's Wharf Bay Cruise Corporation v. Blue & Gold Fleet. Represented client in appeal regarding dismissal of predatory pricing claims.

Already L.L.C. v. Nike Inc. Represented amici supporting Nike in U.S. Supreme Court.

Saratoga Fishing v. J.M. Martinac. Represented amicus curiae in U.S. Supreme Court.