June 7, 2024
Stearns Weaver Miller News Update
Overview
Our lawyers focus on the prosecution, protection, and strategic management of intellectual property assets. We enforce and defend intellectual property rights in federal and state courts throughout the country. We also have broad experience in drafting, negotiating, and enforcing intellectual property contractual matters.
Range of Services
Litigation, Appeals, Arbitration, and Administrative Actions
- Federal trademark infringement litigation under the Lanham Act
- Federal appellate representation with a focus on copyright and trademark law
- Domain name enforcement and defense litigation under the Anti-Cybersquatting Consumer Protection Act (ACPA)
- Domain name arbitration under the Uniform Domain Name Dispute Resolution Policy (UDRP)
- Federal copyright infringement litigation under the U.S. Copyright Act
- Federal patent infringement litigation under the U.S. Patent Act
- Trademark opposition and cancellation proceedings and appeals before the Trademark Trial and Appeal Board
- Patent reexaminations and appeals before the Patent Board of Examiners
- Complex commercial litigation involving intellectual property contracts
- Trade secret misappropriation litigation under the Uniform Trade Secrets Act (UTSA)
Trademark Management
- Strategic trademark counseling including advise for increasing mark strength and registrability
- Clearance search and opinion
- Drafting and prosecuting trademark applications
- Portfolio management including renewal tracking
- Trademark infringement monitoring and enforcement
- Contract drafting and negotiation including trademark licenses, co-existence and concurrent use agreements and assignments
- Trademark audits, including a review of your businesses trademark usage to provide recommendations for proper use and any additional trademark protection needed
Patent Management
- Strategic patent counseling including advise for filing subsequent patents to maintain an open chain of prosecution
- Clearance search and opinion
- Drafting and prosecuting patent applications
- Portfolio management including renewal tracking
- Patent infringement monitoring and enforcement
- Contract drafting and negotiation including patent licenses, joint development agreements, and assignments
Copyright Management
- Strategic copyright counseling
- Drafting and prosecuting copyright applications
- Contract drafting and negotiation including copyright licenses, publishing agreements, work for hire agreements, and assignments
Name Image Likeness (NIL) Counseling and Branding
- Development of NIL marketing strategies
- Contract drafting and negotiation including athlete contracts and branding agreements
- Brand management and consultation
- University compliance and reporting
- Legislation tracking
What Makes Us Different
Adrienne Love
- Registered U.S. patent attorney
- Board Certified by the Florida Bar in Intellectual Property Law
- Attorney of record for 300+ pending and registered trademarks certifications
Notable Experience
- Regularly counsel world-renowned professional sports teams, athletes, artists and venues.
- Assisted in formation of national Name, Image, and Likeness (NIL) agency and provided corporate guidance on structure of entity, multi-state licensure and compliance issues, intellectual property concerns, and related independent contractor agreements. This assistance has been integral in expanding the agency from an athletic training camp to a robust, multidisciplinary athletic training and NIL agency.
- With the advent of paid-social media influencers, assisted in the development of social media influencer agreements, work for hire agreements, and Federal Trade Commission compliant Social Media Guidelines for professional sports facility and affiliated athletes and influencers.
- Represented multiple businesses in federal copyright defense cases against copyright trolls improperly enforcing their copyrights for the sole purpose of monetary gain.
- Successfully obtained summary judgment and an award of attorney’s fees in a copyright infringement case in the Northern District of Florida; Successfully recovered domain name and damages on behalf of client in Anticybersquatting Consumer Protection Act case.
- Represented client owned by Farmers Insurance on trademark infringement case in the Southern District of Florida and in the Eleventh Circuit.
- Awarded injunctive relief and attorney’s fees in trademark infringement case in the Northern District of Florida.
- Successfully defended client against claims that it violated the Lanham Act and Florida’s Deceptive and Unfair Trade Practices Act in the Southern District of Florida.
- Obtained stay in defense of patent infringement litigation and successfully obtained cancellation of all claims in the patent-at-issue through reexamination proceeding with the USPTO.
