Ben L. Wagner

Ben is a top-ranked intellectual property, advertising, and complex commercial litigator who has handled hundreds of disputes for clients ranging from startups to multinationals with globally recognized brands. He is a seasoned trial attorney with experience in a diverse range of industries, including the music industry, software, UX/UI, fintech, life sciences, medical devices, real estate development, apparel, consumer goods, and professional sports. Ben’s clients span the U.S., Europe, and Asia.

Ben is a devoted advocate for both plaintiffs and defendants, tailoring litigation strategies that address the unique issues in each case, delivering over $300 million in value in recent years. In just the past year this includes $70 million recovered in judgments, settlements, and payments for rights holders, and another $85 million in the decade before that. During this same time, he has defeated more than $150 million in claims. He currently represents portfolios exceeding hundreds of millions of dollars in estimated value across a broad spectrum of rights holders.

Ben has pursued and defended claims in state and federal courts across the U.S., in international arbitration involving South America, Asia, the Middle East, and Western Europe, and in proceedings before the Trademark Trial and Appeal Board (TTAB).

Intellectual Property

• Developed and successfully pursued licensing, enforcement, protection, and monetization strategies for numerous IP owners.

Patent Litigation + Counseling

• Served as lead counsel, managing a large team of partners and associates in defeating a Section § 271(e)(1) defense in a billion-dollar patent dispute in Allele Biotechnology Pharm., Inc. v. Pfizer, Inc., 20-cv-01958-H-AGS (S.D. Cal. May. 4, 2021), leading to successful resolution of the litigation.
• Obtained early summary judgment of noninfringement for a medical device company, and defended through appeal in Michael Stern Digiflo v. Sequal Techs., Inc., 493 Fed. Appx. 99 (Fed. Cir. 2012).
• Enforce design and utility patents for consumer products companies.
• Defeated summary judgment on tort claims growing out of ongoing patent ownership dispute.
• Strategic counseling leading to successful protection and invalidity strategies, including for companies in energy, HR compliance software, land development, social media and real-time news tech, and agricultural tech.

Trademark, Copyright + False Advertising

• Developed and implemented a strategy for clearing out the federal trademark register of conflicting marks, as well as reclaiming trademark rights from underperforming international licensees, contributing to a sale of trademark rights for more than $30 million and more than tripling the return on client’s acquisition costs.
• Served as lead trial counsel in Lontex Corp. v. Nike, Inc. (E.D. Pa.) obtaining 2021 jury award for willful trademark infringement and punitive damages in two-week jury trial, following successful pretrial rulings including defeating summary judgment and Daubert motions.
• Represented Stephen Slesinger, Inc. in obtaining landmark summary judgment rejecting attempt of heirs to E.H. Shepard and Disney’s attempt to invoke statutory termination of copyright agreement covering the use of original Winnie the Pooh artwork.
• Running copyright enforcement and licensing programs for multiple major digital music libraries.
• Managed the international trademark registration and protection strategy for popular video-game developer.
• Defended various false advertising claims spanning multiple industries, including home improvement retailer, communications carrier, food and beverage, and consumer goods.
• Obtained favorable non-monetary settlement defending against a false advertising class action filed against footwear company.
• Defended false advertising claims against Five Hour Energy beverages, defeating preliminary injunction based on false health claim theory leading to favorable resolution.
• Obtained TRO, preliminary injunction, permanent injunction, treble damages, and attorneys’ fees against cybersquatter preventing fraud on public in connection with client’s initial coin offering in Orchid Labs, Inc., 2:18-cv-00582 (D. Az.).
• Obtained preliminary injunction in Crossfit, Inc. v. Maximum Human Performance, LLC, 2013 U.S. Dist. LEXIS 53676 (S.D. Cal. Apr. 12, 2013) prohibiting specified uses of “X-Fit” by MHP based on claims of trademark infringement and dilution of a famous mark.
• Obtained judgment for maximum statutory damages award in Internet Matrix v. Veterinary Website Designers, 12CV2746-CAB (S.D. Cal.) for cybersquatting, trademark infringement, and unfair competition.
• Represented Angles BeautyCare Group, Inc. in jury trial concerning trademark infringement and unfair competition, obtaining favorable settlement.
• Represented New Name, Inc. against Disney Enterprises, Inc., regarding trademark and copyright infringement, obtaining a favorable settlement.
• Represented Yahoo, Inc. in a trademark infringement and breach of contract dispute with a former licensee, obtaining a favorable settlement.
• Represented BBTV, the owner of largest television station in Thailand, in connection with a successful appeal of large U.S. copyright and trademark infringement judgment against ex-licensee and its executives.
• Sued an ex-distributor and movie studio for copyright infringement for Busted Tranny related to unauthorized distribution of cult-classic movie.
• Obtained prediscovery summary judgment ending case in favor of restaurant owner and rejecting cable piracy claims. G&G Closed Circuit Events, LLC v. Mike’s BBQ, Inc. 2021 U.S. Dist. LEXIS 178941, 2021 WL 4267409 (S.D. Cal. 2021).

Complex Commercial Litigation

• Defended ASICS and related parties in several lawsuits, including successfully defending against a request for emergency injunctive relief.
• Develops and manages client program for agency challenges to conflicting third party rights.
• Advising insureds and insurers on coverage disputes relating to D&O policies, CGL policies, and related public policy exclusions and grounds for denial of coverage, spanning policies governed by California, New York, and many other states.
• Successfully obtained full dismissal of false advertising claims prior to certification of consumer class.
• Defending against shareholder and share purchase claims against companies, officers, and directors asserting allegations of fraud, breach of fiduciary duties, and breaches of warranties and representations.
• Drafting panel recommendations and arbitrator opinions for claims resolved through consumer arbitration, including lemon law arbitrations.
• Served as lead attorney in case successfully dismissed on summary judgment in DPR Constr. v. Shire Regenerative Med., Inc., 2016 U.S. Dist. LEXIS 133617 (S.D. Cal. Aug. 29, 2016), defeating claim to unpaid contractor fees on more than $100 million in cancelled construction.
• Obtained $20 million arbitration award for alter ego liability against CEO of Westinghouse Digital Enterprises, and successfully obtained finding of non-dischargeability in subsequent bankruptcy proceedings.
• Represented an international pet food ingredient supplier Feed.ing BV in a breach of contract suit, successfully obtaining a $12 million early summary judgment for contract damages under the UCC.
• Served as lead attorney in successful arbitration award rejecting breach of fiduciary duty, contract, and fraud claims asserted against Bebe apparel supplier by former business partner.
• Obtained dismissal of client on motion to dismiss without leave to amend on first ruling of court, rejecting claims based on assertion that client was de facto manager of LLC.

• Top Intellectual Property Lawyer, Daily Journal (2023-2024)
• Best Lawyers in America®: Litigation – Intellectual Property (2023-2026), Commercial Litigation (2025-2026)
• World Trademark Review: WTR 1000 (2023-2025)
• Managing Intellectual Property: IP Star (2022)
• Leaders in Law – IP Winner, San Diego Business Journal (2021)
• California Super Lawyers “Rising Star” (2015-2021)
• 40 Under 40, The San Diego Daily Transcript (2020)
• Wiley W. Manuel Certificate for Pro Bono Legal Services (2008-2025); Pro Bono Public (2012)
• Pro Bono Publico / Attorney of the Year Award, San Diego Volunteer Lawyer Program (2013)