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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:

Mark writes on copyright, patent and trademark law on the firm’s Southwest Florida Business & IP Blog. A sampling of his posts include:

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.

Representative Matters

  • 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

Speaking Engagements

  • “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

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