Thomas A. Harvey

Partner

Thomas Harvey is a litigator and trial lawyer focusing on intellectual property disputes, including trademark, copyright, and unfair competition litigation. He also handles complex commercial and product liability disputes and trials. Thomas has practiced before state and federal courts in numerous trials and appeals, and has represented clients in federal multidistrict litigation and in both domestic and international arbitration.

Prior to joining Coblentz, Thomas practiced litigation at Harvey Siskind LLP and Orrick, Herrington & Sutcliffe LLP. In 2012, Thomas served the County of San Francisco as an Assistant District Attorney under the County Exchange Program, acting as the first chair trial attorney in multiple criminal jury trials, including in an imitation brandishing prosecution where he secured the maximum sentence.

Notable Representations

Intellectual Property

  • Served as lead counsel to developer of number-one ranked app in Apple App Store in trademark and copyright action. Argued temporary restraining order and obtained successful confidential settlements, and developed enforcement strategy against numerous copycat game makers.
  • Served as lead counsel in trademark dispute regarding high-profile social media platform.
  • Represented major spirits maker in Ninth Circuit appeal regarding trade dress of Cuervo 1800 tequila bottle. Team secured affirmance of trial court summary judgment award for defendant based on finding of no infringement.
  • Silvaco Data Systems v. Agilent Technologies, Inc. Represented semiconductor maker in trade secrets case involving chip design software. Secured summary judgment of non-infringement and preserved victory before California Court of Appeal.
  • URS Corporation v. Earth Tech, Inc. Represented engineering firm and individual defendants in trade secret, employee raiding, and contract interference litigation involving more than 40 employees.
  • Counsels software developers regarding commercial transactions and intellectual property protection strategies.

Commercial and Product Liability Matters

  • Represented Union Carbide Corporation in dozens of jury trials for in asbestos product liability actions. Secured favorable results in trials throughout West Coast, including full defense verdict.
  • Represented a prominent Chinese manufacturer in complex federal multidistrict litigation concerning allegations of defective drywall, involving more than 30,000 plaintiffs and 10,000 defendants.
  • Successfully represented clients in four appeals before California Court of Appeal or the Ninth Circuit.
  • Alenia Aermacchi, S.p.A v. Goodrich Aerostructures. Successfully represented large aerospace company in complex international arbitration regarding contract for the Boeing 787 Dreamliner. 

Honors & Awards

Since 2013, Thomas has been named by Super Lawyers as a "Rising Star," an award given to fewer than 2.5 percent of all lawyers in the state.

Publications & Speaking Engagements

  • Speaker, "Mobile Mayhem: Protecting Trademarks and Copyrights in Mobile Apps," Golden Gate University School of Law IP Law and Policy Conference (October 2016)
  • Author, "Marketing Your Brand With Influencers? Make Sure the FTC Hits the "Like" Button," The Recorder (September 22, 2016)
  • Author, “Ten Tips for Winning a Trademark Preliminary Injunction,” The Recorder (2015)
  • Author, “Trademark Applications Can Hold a Phantom Menace,” The Recorder (2014)
  • Author, “Jury Instructions on Electronic Media: What Message Are We Sending Jurors?,” Bloomberg BNA United States Law Week (2013)

Professional Activities

Thomas serves on the Academic Committee of the International Trademark Association (2013-present), and is Co-Chair for the organization's Professor Relations Subcommittee. He is admitted to practice in California, Alabama, and numerous federal courts. Thomas is active in pro bono representation, where he has served as negotiation counsel for the Eviction Defense Collaborative and as trial counsel for an indigent father in a hostile child custody dispute.

Education

Thomas earned his B.A. from Yale University in history, and both his J.D. and M.A. in constitutional history from the University of Virginia, where he served on the managing board of The Virginia Law Review. After law school, he served as a judicial clerk to the Honorable Norman K. Moon, United States District Court for the Western District of Virginia, sitting by designation on the U.S. Court of Appeals for the Fourth Circuit.  He serves on the board of the Yale Spizzwinks(?) Alumni Association and is a member of the Elizabethan Club.