Providing Expert Witness Services for Clients Nationwide
Attorney Antonio R. Sarabia II has experience with consumer licensing matters (revenue, standards, performance, and breaches), trademarks, copyrights, and issues occurring in the apparel industry. He is available to serve as an expert witness, whether through testifying, identifying important or relevant issues, or suggesting discovery in his areas of expertise.
Areas of Expertise
Mr. Sarabia’s primary areas of expertise include: secondary meaning, trade dress, design patents, similarity of marks, intellectual property due diligence, trademark and copyright infringement, theft of trademarks, and intellectual property analysis and validation. He can evaluate licensee and licensor performance according to industry standards. In matters pertaining to the apparel industry, he can review the performance of a wide array of agreements to determine whether they are consistent with and in compliance of industry standards.
Hands-On Experience in a the Apparel Industry
During his 25 years of experience, Mr. Sarabia has become intimately familiar with the many business problems – and legal issues – that fashion companies may face. At the beginning of his apparel industry experience, Mr. Sarabia spent nine remarkable years as part of the senior management of Guess?, Inc. Guess? went through amazing growth during this period; in fact, during one single year, its sales grew 400%! Over the course of these nine years, Guess? transformed from a fad into a mainstay fashion company. Those who were fortunate enough to work at this company encountered a variety of unique challenges, problems and issues. This incredible environment immersed Mr. Sarabia into a wide array of apparel business matters, including: apparel designs, design creation, design protection, brand establishment and protection, advertising, domestic and foreign manufacturing, factory monitoring, quality control, export, import, customs issues, product sourcing, corporate structure, apparel company management, including officer and director obligations and performance, domestic and foreign distribution, licensing, trade secrets, personnel, independent sales representatives, retail sales, retail customer relations and wholesales.
Since leaving Guess?, Mr. Sarabia has advised a variety of other apparel companies, from publicly-held companies to fast-growing companies like Earl Jean, to smaller start-up companies.
Mr. Sarabia has worked closely with prominent designers and understands the importance of protecting the products of creative minds. Mr. Sarabia can review the performance of virtually all apparel industry agreements to determine whether they remain consistent with the standards of the industry. He has worked extensively on most facets of the clothing business and can provide expert testimony and analysis about a wide array of matters, such as contracts, manufacturing, import, management performance, export, sales, distribution, factory conditions, similarity of apparel lines and protection of designs.
Experience With Licensing Matters
Mr. Sarabia has more than twenty years of experience in consumer licensing. He is familiar with international and domestic licensing, including revenue projections, monitoring of licensees, standards of the industry, performance and breaches. He can evaluate licensee and licensor performance under the standards of the industry. He served as an expert in licensing matters for the Vatican Library, Converse, and Jones Apparel.
Trademarks & Copyrights
His work on trademarks has encompassed a wide variety of matters, including: international and domestic registration, secondary meaning, infringement, dilution, searches, investigations, due diligence, trade dress and counterfeiting in a variety of businesses such as software, food, real estate, concert promotion and apparel. He has testified for both plaintiffs and defendants.
Based on nearly three decades of experience with copyrights, Mr. Sarabia has provided opinions on issues such as originality and substantial similarity.
Standards of Practice of Apparel Business Lawyers, Intellectual Property Lawyers, and Licensing Lawyers
With over 25 years of in-depth experience as an attorney in the apparel industry and with a solid background in intellectual property and licensing law, Mr. Sarabia can provide expert opinions as to the standard of care of lawyers in these areas. He has provided such opinions for both defendants and plaintiffs.
Standards of Practice of Lawyers Supervising Private Investigators
Mr. Sarabia has managed hundreds of investigations related to civil and criminal matters, and he has handled tens of thousands of non-litigated matters. He has trained other investigators, attorneys, police and U.S. Customs agents in intellectual property investigations. Due to his vast experience in this area, he is qualified to testify about the generally accepted standards of supervision of private investigators. For example, he can assist in determining whether the attorneys and companies which have hired an investigator have been negligent in their supervision.
Mr. Sarabia’s impressive background in trademark and patent law allows him to provide defenses based on lack of originality. He can also identify and analyze any obvious similarities to previously existing art.