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Scott W. Pink

Special Counsel

scott.pink@dlapiper.com

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400 Capitol Mall, Suite 2400
Sacramento, California 95814-4428
United States
T: +1 916 930 3271 F: +1 916 403 1633

Scott Pink concentrates in advising technology, media, entertainment and a variety of consumer product and franchise companies on intellectual property protection and litigation, advertising and promotional issues, gift cards, sweepstakes, contests and loyalty programs, trademark and copyright protection, commercial and technology transactions, e-commerce, social media and Internet law, and privacy and security issues. He serves as the lead outside advertising and marketing counsel to several well-known brands.

Mr. Pink has served as chair of local, state and national intellectual property organizations, including the San Francisco and Sacramento Bar's Intellectual Property Sections, the California State Bar's Intellectual Property Section, the American Corporate Counsel Association's national Intellectual Property Committee and the American Bar Association's Cybersecurity Task Force. He has spoken to many organizations on the subject of marketing and promotions, intellectual property law, privacy and security, Internet law and strategic alliances. He has been recognized as a Northern California Super Lawyer by San Francisco and Law & Politics magazines and listed in The Best Lawyers in America for his intellectual property practice.

Before joining DLA Piper, Mr. Pink was Vice President, General Counsel and Secretary for Prima Communications, an international media and publishing company, and a partner with a major San Francisco law firm.
Mr. Pink is currently the Pro Bono Coordinator for the firm's Sacramento office.

Representative Recent Litigation Matters

Chip Connect v. Calibur 11, et al. (E.D.Cal.) Lead attorney for plaintiff in copyright infringement, trade secret misappropriation and trademark infringement case which resulted in a preliminary injunction enjoining sale of defendants’ entire product line
Winstream v. C-Media (AAA arbitration). Successful defense of Taiwanese-based hardware manufacturer in claim for breach of intellectual property evaluation agreement
The Evercare Company, Lint Rollers, NAD Case #5139 (01/27/10). Lead attorney in successfully defeating challenge to #1 selling product claims
In the matter of Moran Foods Inc. dba Save-A-Lot. (California Office of Administrative Hearings). Lead attorney in a administrative proceeding which overturned cease and desist order that client operated a franchise system under California law
Nike, Inc. v. Nikepal Int'l, Inc., 2007 WL 2782030 (E.D. Cal. Sept. 18, 2007). Assisted Chicago-based trial team as local counsel in representing Nike, Inc. in case challenging registration of NikePal trademark
Meridian Project Systems, Inc. v. Hardin Construction Company, LLC, et al. Lead attorney on software case involving claims of reverse engineering, copyright infringement, and unfair competition. Resulted in several published opinions on issues of first impression – 426 F. Supp. 2d 1101 (E.D.Cal. 2006) and 404 F.Supp.2d 1214 (E.D. Cal. 2005)
Omega Diamond, Inc. v. Granite City Tool. Lead attorney in trademark and false designation of origin case relating to use of plaintiff’s products and trademarks in advertising
Hansen Information Systems, Inc. v. TruePoint Solutions. Lead attorney in trade secret and unfair competition case involving customer and other proprietary information

Admissions

California
Illinois

Memberships

Co-chair, American Bar Association Business Law Section, Cybersecurity & Privacy Task Force (2003-2005)
Chair, American Corporate Counsel Association Intellectual Property Committee (2003)
Advisory Committee, McGeorge School of Law Intellectual Property Law Program
Chair, Sacramento Bar Association Intellectual Property Section (2001-2002)
Chair, San Francisco Bar Association Intellectual Property Section (1989-1994)
Executive Committee, California State Bar Intellectual Property Section (1993-1996)
Chair, American Bar Association National Institute on How to Try High Tech Cases (1993)

Publications

"In the Matter of Reverb Communications," E-Commerce Law Reports (January 24, 2011)
"US Guidelines on Online Product Endorsement," E-commerce Law and Policy (November 2009)
"Will Your Gift Card Program Comply with Federal Laws," DLA Piper E-Alert (October 27, 2009)
"Privacy Policies," Privacy and Security Law Report (July 5, 2004)
"Locked In," Daily Journal (September 8, 2003)
"Cybersecurity: Public Disclosure," Privacy and Security Law Report (June 30, 2003)
The Internet and E-Commerce Legal Handbook (Random House 2001)
Defending the Software Infringement Case, 54 Am.Jur.Trials 261 (1995)

Seminars

"Social Media Legal Liability and Risk Management," DLA Piper Webinar (November 2009)
Presentation on "Gift Card, Credit Cards and Promotions," IFA's 41st Annual Legal Symposium (May 2008)
IP Due Diligence Issues, Golden Capital Network - Power of Angel Investing (May 2006)
IP Issues in Structuring M&A Deals and Drafting Agreements, CEB (Sacramento, May 2006)
Open Source Software: Understanding the Risks and Benefits to Your Clients, Oklahoma Bar Association (June 2005)
IP License Agreements, CEB (Sacramento, November 2004)
Total Recall: California Leads the Way, RSA Conference (February 2004)
California's New Security Breach Disclosure Requirements, Presented at the American Bar Association's Conference on the Business Response to the New Cyber Security Threats and Terrorism (2003)
Patriot "Games" No Longer: The Business Community's Role in Cybersecurity - New Requirements and Evolving Practical Concerns for Business, American Bar Association Annual Meeting (August 2002)
"Protecting Intellectual Property in a Global Marketplace," American Corporate Counsel Association Annual Meeting, San Diego (2001)
Panel on Trademark Issues with the Deputy Commissioner of Trademarks, Annual PTO/ACCA Forum (2000)
"Brick to Clicks Seminar," Strategic Alliances, Sacramento Convention Center (October 2000 and March 2001)
Intellectual Property Year in Review, Sacramento Bar Association (1999-2001)
"Primer on Intellectual Property," American Corporate Counsel Association Annual Meeting, Washington, DC (2000)
Speaker on copyright issues, ABA Annual Institute on Representing High Technology Companies, Boston and San Francisco (1998)
Co-Chair, ABA National Institute on How to Try High Technology Cases (1993-1994)

Prior Experience

Vice President, General Counsel and Secretary, Prima Communications Inc., Roseville, California (1995-2001)
Partner, Bronson, Bronson & McKinnon, San Francisco, California (1991-1995)
Associate, Marron, Reid & Sheehy, San Francisco, California (1986-1991)
Law Clerk and Supervising Staff Attorney, US Court of Appeals for the Ninth Circuit (1983-1986)

Civic and Charitable

Men's Division Board of Governors, US Lacrosse (2009 to Present)
President, Sacramento Valley Lacrosse Conference (2008 to Present)
Founder and President, Granite Bay Youth Lacrosse Club (2004 to Present)
General Counsel and Ex-Officio Board Member, Linking Education and Economic Development (LEED) (2006)
Director and Secretary, Eureka Youth Soccer Club (2001-2005)
Adjunct Professor of Law, U.C. Davis Law School, teaching Computers and the Law (1996-1997)