Tomasz Barczyk

Associate

A zealous advocate, Tommy represents clients in litigating intellectual property and internet-related disputes, as well as securing their intellectual property rights in the United States and throughout the world.

Phone Number

415-955-1155 Ext. 122

Email Address

[email protected]

Tomasz Barczyk

Associate

A zealous advocate, Tommy represents clients in litigating intellectual property and internet-related disputes, as well as securing their intellectual property rights in the United States and throughout the world.

Phone Number

415-955-1155 Ext. 122

Email Address

[email protected]

When it comes to copyrights, trademarks, advertising, and privacy, Tommy offers clients a full-range practice. Experienced in both litigation and counseling, Tommy is adept at positioning clients to best handle potential obstacles, as well as at representing their interests should disputes arise.

In a counseling role, Tommy partners with clients to develop comprehensive strategies to build their intellectual property portfolios according to their individual goals and capabilities. Specifically, he assists clients with all aspects of brand management—from U.S. and foreign trademark clearance, selection, and prosecution through maintenance, routine enforcement, and expansion. He also routinely advises clients on topics such as copyright fair use, DMCA compliance, and advertising practices to minimize exposure to liability.

In the litigation context, Tommy’s experience spans across the full life-cycle of intellectual property and internet-related disputes before federal and state courts, as well as administrative bodies such as the Trademark Trial and Appeal Board (“TTAB”). Tommy has a proven track record of success, not just as to the final outcome, but also discovery issues and intermediary motion practice in various fields of law, including trademarks, copyrights, false advertising, unfair competition, contracts, and privacy, including defamation and rights of publicity.

Prior to joining Kronenberger Rosenfeld, Tommy was an attorney at a boutique Chicago firm focusing on intellectual property, privacy, and business disputes, where he likewise split his practice between litigation and intellectual property portfolio development.

Tommy received his J.D. with a specialization certificate in law and technology from the University of California, Berkeley, School of Law. During law school, Tommy served as an articles editor for the Berkeley Technology Law Journal, as well as the co-editor of the Journal’s symposium on intellectual property protections for computer programs. He also gained unique insight into the workings of the judicial system by externing for the Honorable Joan H. Lefkow at the U.S. District Court for the Northern District of Illinois. In his last year of law school, Tommy co-authored an amicus brief on behalf of the archives and research libraries, urging the Second Circuit Court of Appeals to hold that the recording, indexing, and making available of television broadcasts constitutes fair use under federal copyright law.

Tommy is licensed to practice in California and Illinois, and is a member of various legal interest organizations. He speaks four languages and—in addition to keeping up with the latest tech news and IP developments—enjoys traveling the world, cooking and eating gourmet cuisine, and outdoor adventures.

EDUCATION
  • Northwestern University, B.A. in Psychology (Neuroscience) and Political Science (International Political Economy)
  • University of California, Berkeley, School of Law (“Boalt Hall”), J.D. with Specialization Certificate in Law and Technology
BAR ADMISSIONS

State Bar of California

State Bar of Illinois

U.S. District Courts for the Northern District of California, Central District of California, Southern District of California, and Eastern District of California

MEMBERSHIPS

American Bar Association:  Intellectual Property Section, Chair of Trademark Litigation Case Monitoring Subcommittee; Litigation Section

San Francisco Bay Area Intellectual Property American Inn of Court

Bar Association of San Francisco:  Intellectual Property Section; Litigation Section; International Law and Practice Section

Barristers Club of the Bar Association of San Francisco:  Intellectual Property and Internet Law Section; International Practice Section; Social Events and Networking Committee

Illinois State Bar Association

Los Angeles County Bar Association

Internet Law Leadership Summit

Additional Attributes for Tomasz Barczyk

  • Represented an heir to the estates of two songwriters, which included rights in many of their copyrighted works, in an infringement action against major music labels. After defeating defendants’ motion to dismiss, the matter parties settled on favorable terms.
  • Defeated an application for a temporary restraining order in a trademark dispute involving the name of an annual wine festival. All claims against the client were subsequently dismissed by the plaintiff.
  • Defended a moving company in a trademark infringement suit over the use of the company’s name. Pending the outcome of a preliminary injunction motion brought by the plaintiff, the parties settled on favorable terms.
  • Obtained summary judgment on behalf of website developer accused of failing to fulfill its contract obligations.
  • Successfully represented the interests of a victim of revenge porn in second suit brought by the client for violating the terms of a settlement agreement reached in earlier revenge porn suit.
  • Before any complaint was filed, obtained a favorable settlement with a newspaper publisher that printed libelous statements about a client.
  • Represented a popular nightclub and event management companies in action involving a claim brought under the Telephone Consumer Protection Act. Obtained a favorable settlement on behalf of the clients.
  • Successfully negotiated a favorable settlement a fashion startup client accused of infringing the copyrights of a national publishing company before the commencement of litigation.
  • Discovered the identity of a doe defendant that defamed a client anonymously online.
Representative Matters
  • Represented an heir to the estates of two songwriters, which included rights in many of their copyrighted works, in an infringement action against major music labels. After defeating defendants’ motion to dismiss, the matter parties settled on favorable terms.
  • Defeated an application for a temporary restraining order in a trademark dispute involving the name of an annual wine festival. All claims against the client were subsequently dismissed by the plaintiff.
  • Defended a moving company in a trademark infringement suit over the use of the company’s name. Pending the outcome of a preliminary injunction motion brought by the plaintiff, the parties settled on favorable terms.
  • Obtained summary judgment on behalf of website developer accused of failing to fulfill its contract obligations.
  • Successfully represented the interests of a victim of revenge porn in second suit brought by the client for violating the terms of a settlement agreement reached in earlier revenge porn suit.
  • Before any complaint was filed, obtained a favorable settlement with a newspaper publisher that printed libelous statements about a client.
  • Represented a popular nightclub and event management companies in action involving a claim brought under the Telephone Consumer Protection Act. Obtained a favorable settlement on behalf of the clients.
  • Successfully negotiated a favorable settlement a fashion startup client accused of infringing the copyrights of a national publishing company before the commencement of litigation.
  • Discovered the identity of a doe defendant that defamed a client anonymously online.

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