Townsend's lawyers devote significant time and effort to assist individuals, non-profits and other entities in need of legal representation that would otherwise be unable obtain the level of representation that our attorneys can offer. While we strive to find opportunities to perform pro bono work related to our intellectual property focus, our recent experience covers a broad range of disputes, including patent, trademark and copyright counseling and litigation, ecclesiastical law, immigration, asylum, education, prisoner rights and death penalty appeals and real estate disputes.

Townsend provides numerous opportunities for its attorneys to participate in pro bono matters, and more than 40 of the firm's attorneys participated in pro bono representations in 2007. In recent years, Townsend lawyers have appeared as special prosecutors in a criminal matter in Colorado, participated in a court-appointed pro bono mediation, obtained restraining orders to protect victims of domestic violence in San Mateo County, assisted non-profit organizations in seeking trade mark rights, provided advice to a non-profit charter school, represented an individual in an employment discrimination case, accepted court appointment to successfully represent a prisoner in his civil action against Adams County Colorado, and represented a minister in ecclestical court after she was threatened with church discipline for performing same-sex wedding ceremonies.

Significant cases in 2007 include:

In re: Saldivar - Immigration

Townsend won a significant victory in the Ninth Circuit Court of Appeals in this pro bono immigration matter. In June 2005, the Ninth Circuit pro bono Panel appointed Townsend to represent Petitioner Elena Saldivar in her appeal from an order of removal (formerly called "deportation"). Ms. Saldivar is a Mexican national who has lived in the United States since 1988, and she has three U.S. citizen children. Townsend was initially appointed as amicus curiae counsel because Saldivar was already represented by retained counsel. It was evident, however, from the face of the pleadings, that Saldivar's counsel was neither serving her competently nor admitting/arguing his own ineffective representation. Further investigation revealed that Saldivar's counsel had been suspended in the past by both the California State Bar and the Ninth Circuit and had greatly prejudiced Ms. Saldivar through his woefully ineffective assistance.

Townsend substituted in as Ms. Saldivar's counsel of record and represented her in filing a California State Bar complaint against her former lawyer, further proceedings before the Board of Immigration Appeals ("BIA"), and, ultimately, in her successful appeal in the Ninth Circuit. The ineffective assistance of Ms. Saldivar's former counsel had disastrous effects on her and her family. Due to the advice of her former lawyer, Ms. Saldivar forfeited her visa petition and faced imminent removal from the United States. If removed, Ms. Saldivar would not have been allowed to reenter the U.S. for 10 years, denying her three children contact with their mother until well into their teens. Townsend worked closely with Ms. Saldivar to determine the merits of her case, and then formally exhausted her remedies before the Board of Immigration Appeals. Upon the BIA's denial of our motion to reopen, we filed the successful appeal in the 9th Circuit. On January 12, 2007, Townsend partner Nancy Tompkins argued the appeal in the Ninth Circuit before Judges Hug, W. Fletcher and Holland, and the Court issued a favorable decision in Saldivar v. Alberto Gonzales on April 24. The case has now been remanded for full consideration of the ineffective assistance claim as well as the merits of Ms. Saldivar's original petition.

Flotsam v. Huntington Beach - Trademark

Townsend represented Noland's on the Wharf, a small, family owned business in Santa Cruz, California against a Southern California trade organization, the Huntington Beach Conference and Visitors Bureau (HBCVB). HBCVB alleged that Noland's infringed its trademark rights by selling t-shirts bearing the logo “SURF CITY SANTA CRUZ CALIFORNIA USA” to tourists and other customers in Santa Cruz. Faced with HBCVB's real and imminent threat to sue Noland’s in Southern California, and unable to muster the financial resources to defend itself in Southern California, Noland’s accepted Townsend's offer to represent it on a pro bono basis and filed suit in Santa Cruz Superior Court seeking a judicial declaration that HBCVB's "SURF CITY USA" mark was invalid, unenforceable and not infringed.

One of the central questions raised in the action was whether customers in Santa Cruz who bought Noland’s t-shirts bearing the SURF CITY SANTA CRUZ CALIFORNIA USA logo were likely to have been confused that the t-shirts were somehow affiliated with Huntington Beach, a critical element of HBCVB's trademark infringement claim. Following the filing of the action, HBCVB removed the case to federal court and then filed a motion to transfer the action to Southern California where it contends is the only place it can receive a "fair" trial. The Noland's successfully opposed the motion pointing out that most, if not all, of the operative events, witnesses and evidence underlying the action either took place or are located in Northern California. Further, HBCVB initiated the matter by attempting to enforce its alleged trademark rights in Northern California and it must show that it made actual and exclusive use of the SURF CITY USA mark in Santa Cruz in order to enforce its trademark rights there.

The case received significant media attention, particularly in the San Francisco Bay Area, and was even the subject of a front page article in the Wall Street Journal.

In early 2008, prior to trial, the parties reached a settlement that enables Noland's to sell t-shirts with an agreed-upon design incorporating the term "Surf City."

San Francisco Women's Motorcycle Contingent - Trademark

Townsend continues our pro bono representation in this high-profile trademark application and appeal. Our client, the San Francisco Women's Motorcycle Contingent ("SFWMC"), applied in 2003 to register the name DYKES ON BIKES as a trademark in connection with education and entertainment services. Since the late 1970's, DYKES ON BIKES have traditionally led off the Gay Pride Parades in San Francisco and other cities throughout the United States. SFWMC decided to trademark the name in order to protect against unauthorized commercial uses, but the USPTO refused the registration on grounds that the mark was allegedly disparaging to lesbians.

Townsend was brought in as co-counsel in connection with the appeal of the refusal of registration to the Trademark Trial and Appeal Board. Townsend collected new evidence in support of the registration, including video coverage of the San Francisco Pride Parade showing the warm reception given to DYKES ON BIKES, and registrations granted to third parties that are arguably just as "disparaging" as DYKES ON BIKES (for example, QUEER EYE FOR THE STRAIGHT GUY, which registered in 2004). After considering this new evidence, the USPTO reversed itself and passed DYKES ON BIKES to registration. This was an important and high-profile matter that received press coverage throughout the United States and was the subject of a formal resolution by the San Francisco Board of Supervisors supporting our client’s position. Following our success in the USPTO, an individual from the Bay Area appealed the registration to the Federal Circuit. Townsend successfully represented SFWMC on the appeal and preserved the registration. The challenger subsequently requested and was denied review by the United States Supreme Court. Townsend associate Raquel Pacheco was primarily responsible for drafting the appellate briefs.

Presbyterian Church v. Rev. Dr. Jane Spahr - Ecclesiastical Proceedings

Townsend represents Presbyterian minister Reverend Spahr in administrative proceedings before the courts of the Presbyterian Church USA (called the "Permanent Judicial Commission"). Reverend Spahr has been accused of violating PCUSA church law and polity by performing weddings of same-sex couples. If convicted, Reverend Spahr faces disciplinary censure that could result in her loss of ordination and employment within the PCUSA. Reverend Spahr was acquitted on the charges in a two-day trial in March 2006 in Marin County. The authorities who brought the charges have appealed to a higher body within the church. Townsend partner Timothy Cahn has continued to represent Reverend Spahr during the appeal and briefing has been completed. There will be further proceedings in either the intermediate appellate court or, if it chooses to take immediate jurisdiction, in the General Assembly, the church's equivalent of the Supreme Court.

Rueb v. Adams County - Prisoner Rights

At the request of the Colorado District Court, Townsend took over the representation of a prisoner in a suit against Adams County Jail in which the prisoner alleged that he was mistreated during his incarceration prior to his trial. When Townsend was retained, discovery had closed, and the county was refusing to discuss settlement. Townsend attorney Chad King successfully moved to reopen discovery and conducted document discovery and took depositions. We also retained an expert witness and conducted expert discovery of county's retained expert. Immediately prior to the summary judgment deadline, we persuaded that the county that it was in everyone's interest to resolve the matter without trial. After several weeks of negotiation, Townsend obtained a monetary settlement from the county and a written order (per our client's demand) from the county Sheriff that Mr. Rueb will not be housed in that county jail in the future.

The Crucible - Trademark / Performing Arts

The Crucible is a non-profit organization in Oakland, California which offers classes, lectures and performances involving fire and the industrial arts. Townsend attorney Holly Gaudreau was asked to provide counseling on the protection of its trademarks, The Crucible and Fire Arts Festival. Townsend met with the executive director/founder of The Crucible, provided ongoing advice, and ultimately prepared and filed federal trademark applications. The Examiner issued Office Actions, refusing to register The Crucible's marks, THE CRUCIBLE and FIRE ARTS FESTIVAL. Townsend recently prepared responses to these Office Actions, arguing the marks should be allowed to register and the matter remains pending.

In the Matter of Unnamed Applicant -- Immigration

A transgendered, Mexican woman with a life-threatening illness, was referred to Townsend during the Summer of 2007 to assist with her application for asylum. Unexpectedly, the Applicant was detained by immigration officers soon after. Recognizing the gravity of the Applicant's illness, Townsend successfully obtained an expedited hearing. Within three months, Townsend was able to argue and obtain a favorable judgment for the Applicant, yielding a grant of withholding of removal by Immigration Judge Michael Yamaguchi. The government declined to appeal this case and shortly after the hearing, the Applicant was freed from jail.

The Applicant now continues to receive the medical treatment she requires here in the United States. Townsend litigation associates Alexandra Sepulveda and David Tsai represented the Applicant in this rare victory.

For more information on Townsend's pro bono program, please contact Townsend partner Robert A. McFarlane.