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 also works with clients to develop comprehensive intellectual property and trade secret protection strategies. Mark represents clients in licensing transactions as well as franchising by assisting both franchisors and franchisees. He was named a "Top Lawyer" by Naples Illustrated in intellectual property law (2018-2020).
For over twenty years Mark has advised clients on domestic and international intellectual property issues, including new product launches, corporate rebranding projects, acquisitions and licensing. He counsels clients on both the acquisition and protection of intellectual property rights as well as enforcement and defense of those rights in litigation. He has represented businesses in both state and federal courts in numerous trademark and copyright infringement actions as well as litigation concerning trade secrets.
In addition to intellectual property, Mark’s practice also encompasses digital and internet-related legal issues where he assists 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.
As part of his practice, he provides frequent updates on copyright, patent and trademark law for the firm's Southwest Florida Business & IP Blog. His recent posts include:
- Political Music - Who Controls the Use?
- Don’t Be the Victim of a Trademark Scam
- The Sports Page
- COVID-19 Impact on USPTO Deadlines
- COVID-19: Trade Secrets and the Remote Workforce
- Growing Pains: Intellectual Property Challenges for Expanding Businesses
- Looking Back, Looking Forward: Intellectual Property Trends for the Future
- Appeals Court Finds Provisions of Florida Medical Marijuana Statute Unconstitutional
- F Word ®
Prior to joining Henderson Franklin, Mark practiced law in Chicago, Illinois. He was born and raised in Chicago and currently resides in Cape Coral. When not working, Mark is known to play guitar poorly, but loudly.
Professional and Civic Affiliations
Mark serves as co-chair of the Lee County Bar Association's Intellectual Property Group Section. He is also involved in the Fort Myers, Bonita Springs the Naples Chambers of Commerce, and is a member of INTA.
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.
News & Insights
- 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