Mark A. Nieds

Overview

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’s practice also encompasses digital and internet-related legal issues, assisting clients with the creation and implementation of privacy policies, terms of use agreements, user agreements, GDPR, and DMCA compliance. He also counsels clients on data protection and data breach response matters.

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.

Published Opinions

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.