Edward M. Livingston is a Registered U.S. Patent Attorney and a Florida Bar Board Certified expert in intellectual property law, one of five in Lee and Collier Counties. He has focused his 40-year legal career in all aspects of intellectual property law, including patents, trademarks/service marks, trade dress, trade secrets, copyrights, franchising, and litigation.
Ed works with clients to secure trademarks and service marks for their products and businesses, and enforces such rights in court, even against the world’s largest retailer. He also defends clients in patent infringement lawsuits, and frequently serves as an expert witness in such cases.
Ed also guides clients in the expansion of their businesses through licensing and franchising. He also acquires copyrights for clients for books, music, jewelry, and house plans to name a few and enforces such rights in court.
More specifically, Ed works with inventors to obtain numerous patents in diverse industries including complex nanotechnology, technology and computer software, medical devices, golfing, construction, sports, jewelry, agriculture and farm equipment, tools and machinery, pet-related items, and business methods. He is experienced in all aspects of patent law, including:
- performing patentability searches and rendering opinions as to the availability of patent protection for inventions;
- preparing and filing patent applications;
- prosecuting patent applications before the United States Patent and Trademark Office;
- negotiating and preparing patent licensing agreements and rendering legal opinions regarding patent infringement and patent validity;
- preparing and prosecuting patent applications.
Licensing & Marketing
With his MBA degree, Ed assists clients beyond the patent process by helping them actually get their ideas and products to the marketplace and on the store shelf. This is accomplished through licensing and negotiating on the client’s behalf, and assisting clients in dealing with third parties such as manufacturers, designers, website developers, etc. to ensure that the client is protected every step of the way.
Ed is experienced in all aspects of the trademarking/service marking process including performing trademark/service mark searches and rendering opinions as to whether trademark/service mark protection is available for a mark as well as filing and prosecuting federal, State of Florida and international trademark/service mark applications. He is also experienced in handling opposition and cancellation proceedings before the United States Trademark Trial and Appeal Board. Ed also negotiates and prepares trademark/service mark licenses on behalf of his clients.
Ed has prepared and filed numerous copyright applications for his clients in a variety of areas including building designs, artwork, manuscripts, websites, artwork, jewelry, musical works, movies, and computer software and is well versed in the laws regarding copyright infringement.
Ed advises his clients on how to protect trade secrets, which include client lists, formulas, devices, and so forth which are confidential and not generally known to the public or are not subject to protection under patent law.
Domain Name Disputes
Ed can assist clients with domain name disputes under the rules promulgated by the Internet Corporation for Assigned Names and Numbers (ICANN).
Ed assists his clients in the growth and expansion of their businesses into new territories through franchising. Ed is knowledgeable in the laws of franchise which are governed by the Federal Trade Commission as well as by the individual states.
Intellectual Property Litigation
Ed is available to assist his clients in all aspects of intellectual property litigation and has previously handled litigation matters involving patent infringement, trademark/service mark infringement, copyright infringement and theft of trade secrets.
Ed was raised in Massachusetts as the eldest of 13 children during the period of time when man launched the first satellite into space. It was not surprising that he would go on to study aerospace engineering at University of Massachusetts Amherst, graduating with a Bachelor of Science in Aerospace Engineering with an emphasis on Mechanical, Civil, Electrical and Chemical Engineering. After graduation, Ed worked for Pratt & Whitney Aircraft on the space shuttle engine program before entering the United States Air Force, and serving his country as a Nuclear Missile Launch Officer stationed at F.E. Warren Air Force Base in Cheyenne, Wyoming.
During his service in the Air Force, Ed earned a Masters of Business Administration from the University of Wyoming, summa cum laude and was selected for membership in the honorary scholastic society of Beta Gamma Sigma. He left active duty after five years to attend law school at the University of Miami in Florida where he served as Editor-in-Chief of the International Law Journal, and was selected for membership in the honorary legal society of Omicron Delta Kappa (ODK).
After graduation from law school, Ed worked as an associate attorney for law firms in Miami and Orlando. In 1981 while in Orlando, he started his own law firm and maintained offices in the area for 25 years. Most recently, he served as managing partner of his own firm in Naples for 20 years before joining Henderson Franklin.
Ed also obtained his pilot license having owned and flown many aircraft and is a certified scuba diver, having dove the Great Barrier Reef. He and his wife enjoy their dogs, swimming, skiing/snowboarding, golf and boating.
Professional and Civic Affiliations
When not working, Ed devotes time to his favorite charities that help children and animals. He has been involved in coaching youth baseball, Boy Scouts and other organizations. He has served as a Guardian ad Litem and provided pro bono services to the Boys and Girls Club and Freedom Waters Foundation, a charity benefiting disabled and disadvantaged children. In addition, Ed served as a Judge Advocate General (JAG) in the U.S. Air Force Reserves and retired as a Lieutenant Colonel. Ed is a member and Past President and Director of the Naples Pelican Bay Rotary.
Ed is a member of the Collier, Lee and Sarasota County Bar Associations, the American Intellectual Property Law Association (AIPLA), the Thomas S. Biggs American Inns of Court, Small Business Resource Network (SBRN), and is a founder and director of the Entrepreneur Society of America (ESOA).
- United States Air Force, Active Duty Nuclear Missile Launch Officer
- United States Air Force, Reserves Judge Advocate General (JAG)
- United States Air Force, Retired, Lieutenant Colonel