Mark is Chair of the firm’s Intellectual Property Group and concentrates his practice on intellectual property and Internet matters with specific emphasis on trademarks, copyright, trade secret protection, franchising, cybersecurity, privacy, and data protection. He works with clients to develop comprehensive intellectual property and trade secret protection strategies. Mark also represents clients in licensing transactions and franchising, assisting both franchisors and franchisees.
Mark has advised clients on domestic and international intellectual property issues, including new product launches, corporate rebranding projects, acquisitions and licensing for over 20 years. He counsels clients on both the acquisition and protection of intellectual property rights as well as enforcement of those rights in state and federal court.
Mark is often quoted as a source on a variety of intellectual property matters, including:
- “Growth of artificial intelligence changing employment landscape,” published by Gulfshore Business Magazine, August 2023
- “AI’s legal implications run deep,” published by Business Observer, June 2023
Mark writes on copyright, patent and trademark law on the firm’s Southwest Florida Business & IP Blog. A sampling of his posts include:
- Securing Your Florida Business: Navigating the Top 5 Cybersecurity Risks
- FTC Addresses Privacy Concerns over Data Collected by Health-related Apps and Devices
- Data Privacy in the USA: Where does Florida rank? Where are we heading?
- NFTs and Intellectual Property
- Branding 101: What’s in a Name?
- 5 Simple Things to Keep in Mind with Non-Disclosure Agreements
- Put personal info protection on your holiday shopping list
- Political Music – Who Controls the Use?
- Don’t Be the Victim of a Trademark Scam
- COVID-19: Trade Secrets and the Remote Workforce
- Growing Pains: Intellectual Property Challenges for Expanding Businesses
Naples Illustrated magazine named Mark a “Top Lawyer” for his work in intellectual property law (2018-2023). Prior to joining Henderson Franklin, he practiced law in Chicago, Illinois. When not working, Mark is known to play guitar poorly, but loudly.
Professional and Civic Affiliations
In the community, Mark is co-chair of the Lee County Bar Association‘s Intellectual Property Group Section and serves on SWFL Inc.‘s Board of Directors. He is also a member of INTA and is actively involved with the Greater Fort Myers Chamber and Naples Chambers of Commerce.
Embroitique v. Stitchtopia, et al. 2018 WL 1830796 (S.D. Fl 2018), successful defense of claims for injunctive relief based on copyright infringement, theft of trade secrets and other theories.
- Prosecuted hundreds of United States Federal and State of Florida trademark applications in diverse industries, including: banking and finance, chemical, retail, food and beverage, liquor, software, services, agrichem, broadcasting, insurance and financial services, education and construction industries
- Obtained ex parte seizure order against counterfeiter of client’s software and damages in excess of $200,000.00
- Represented graphic arts software developer against claims of copyright infringement and theft of trade secrets, successfully defeating Motion for Permanent Injunction
- Successfully defended client against claims of infringement of architectural plans
- Represented clients in United States Patent and Trademark Office (“USPTO”) Trademark Trial and Appeal Board Opposition and Cancellation proceedings
- Represented clients in ex parte appeals in USPTO Trademark Trial and Appeal Board
- Represented clients in Uniform Domain-Name Dispute-Resolution Policy (“UDRP”) proceedings, resulting in transfer of domains to clients
- Conducted trademark use and registrability analyses in over 100 jurisdictions for numerous Fortune 500 entities
- Conducted intellectual property due diligence in connection with corporate mergers, acquisitions and transactions
- “AI Technology in Business,” Greater Fort Myers Chamber of Commerce
- “AI-Powered Tools: What Do Public Relations Pros Need to Know?,” Florida Public Relations Association Southwest Florida Chapter
- “Cryptocurrenty 101 – What is it? What’s behind it? Where’s it going?,” Greater Fort Myers Chamber of Commerce, Rotary Club of Fort Myers
- “Identity/Cyber Crime – How to Protect Your Interests,” Above Board Chamber of Commerce
- “Competitive Advantage: Understanding Key Intellectual Property Concepts that Drive Business,” Lee County Bar Association CLE
- “Business $ense Boot Camp,” Consolidated Credit
News & Insights
- Marks Nieds Tapped as Copyright & Trademark Panelist for the American Advertising Federation of SWFL October Luncheon
- Naples Illustrated Magazine Recognizes 44 Henderson Franklin Attorneys as “Top Lawyers”
- Marks Nieds to Serve as a Panelist on AI Technology at the Greater Fort Myers Chamber of Commerce Luncheon
- Marks Nieds to Share Legal Implications of AI-Generated Content for PR Professionals
- Naples Illustrated Magazine Recognizes 36 Henderson Franklin Attorneys as “Top Lawyers”
- Marks Nieds to discuss “Cryptocurrency 101” for the Greater Fort Myers Chamber
- Mark Nieds Elected Stockholder at Henderson Franklin
- Naples Illustrated Magazine Recognizes 39 Henderson Franklin Attorneys as “Top Lawyers”
- Mark Nieds to Discuss Corporate Data and Privacy at the Above Board Chamber’s August Luncheon
- Cetrangelo and Nieds Discuss Cryptocurrency for the Rotary Club of Fort Myers
- Nieds and Hickman Named Inaugural Co-Chairs of Lee County Bar Association’s Intellectual Property Law Section
- Nieds and Hickman to Deliver Virtual CLE, “Competitive Advantage: Understanding Key Intellectual Property Concepts that Drive Business”
- Mark Nieds Shared Insight on Business Formation to Southwest Florida Entrepreneurs, Start-ups and Small Business Owners
- Henderson Franklin Named “Best Intellectual Property Law Firm” By Gulfshore Business Magazine
- Naples Illustrated Magazine Recognizes 28 Henderson Franklin Attorneys as “Top Lawyers”
- Henderson Franklin Names Mark Nieds Chair and Launches Intellectual Property Group
- Henderson Franklin and Kena Yoke Consulting Present Play Your Game: Creating and Running a Championship Business