About Emily Bayton
Ms. Bayton is a partner and Co-Practice Group Leader in the firm’s Intellectual Property practice group. Her primary focus is helping her clients protect and defend their trademarks in the United States and around the world. She also has considerable experience in other areas of intellectual property including copyright, trade secrets, and rights of privacy and publicity. Her clients come from a variety of industries including consumer goods and services, education, sports and many others.
Trademark Registration and Prosecution. Providing comprehensive trademark counsel, Ms. Bayton assists clients with trademark selection, clearance, registration and prosecution. She analyzes her clients’ trademark portfolios to ensure they have appropriate worldwide coverage and recommends strategies for strengthening their brand presence in the marketplace. Her services often involve helping clients implement trademark enforcement programs to strengthen and protect their brands from possible infringers.
For her clients, Ms. Bayton routinely reviews, drafts and negotiates trademark licenses and contracts including sponsorship, consent, co-existence, consulting, release, settlement, location and other IP agreements.
IP Litigation. Ms. Bayton helps clients with cases involving trademark infringement and dilution, copyright infringement, trade secret misappropriation, unfair competition and cybersquatting.
She represents clients before the Trademark Trial and Appeal Board (TTAB) and has experience with Accelerated Case Resolution (ACR) tracks through the TTAB; as such, she often advises her clients on the strategic merits of using the ACR approach.
Sports IP. An avid sports fan, Ms. Bayton can be found playing sports, watching any sort of sporting event, and agonizing over her Fantasy Football picks.
Combining her love of sports and her love of intellectual property law, Ms. Bayton helps sports organizations, teams, athletes and suppliers protect and defend their brands, trademarks and other IP rights. She has experience shoring up rights, representing clients before the TTAB and in federal court, creating and executing licensing, sponsorship and endorsement agreements, and providing similar assistance.
She writes and speaks frequently on the intellectual property issues affecting sports teams and athletes. Recently, she discussed sponsorships, merchandising, domain names, licensing, broadcast rights and brand identity in the sports world on Bloomberg Radio's Bloomberg Law. Her articles on sports IP issues have appeared in Sports Business Journal, Law360.com, and Sports Litigation Alert.