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Kevin W. Wimberly - Associate

Kevin W. Wimberly is an Associate with the firm, and he provides intellectual property representation, including transactional, licensing, and litigation related to trademarks, patents, copyrights, trade secrets and other matters. His practice also includes various Internet-related matters, including counseling clients on the scope of protection and available immunities to service providers based on user-generated content, as well as consultations on marketing issues such as FTC, CAN-SPAM and TCPA compliance. He brings extensive experience working with Internet-related technologies and clientele, including mobile app developers, webmasters, and other content providers.

Kevin graduated from the University of South Carolina in 1997 with a B.A. degree in English. To pursue his interest in computers and technology, he began working in computer and networking support. His information technology experience includes working in the in-house legal department of a multi-national software development corporation as well as working in the information technology departments of two Florida law schools. His prior career in Information Technology provides him valuable experience in computer networking and its underlying hardware and software infrastructure, and that experience continues to benefit the firm's clients, many of whom require proficiency in technical matters.

After working full-time in IT for five years, he entered law school to further his knowledge regarding the integration of law and technology. While attending law school, he competed in the Lefkowitz Moot Court Competition on Trademarks in 2006 and 2007. In 2006, his team placed 2nd Overall and received the 1st Place Best Oralists Award in the regional competition. In 2007, Kevin’s team again won 2nd Place Overall for the region. He also served as the Chief Justice of his law school's Moot Court Honors Board. While working for the firm as a law clerk, he graduated cum laude from Barry University School of Law in 2008, and he continued to work for the firm after graduation.

In 2009, he took a four-year absence from the firm while he gained skills practicing at a boutique First Amendment-focused firm. While there, he continued his intellectual property practice but was also involved in litigation and transactional work pertaining to First Amendment, Internet, and Gaming law.

Kevin has guest-lectured at Barry University School of Law on the topics of copyright law, trademark dilution and Section 230 of the Communications Decency Act, and, in January of 2009, he co-presented on the topic of Design Patent Infringement in the wake of Egyptian Goddess v. Swisa, 543 F.3d 665 (Fed. Cir. 2008) at a seminar for the Orange County Bar Association Intellectual Property Committee.

Kevin has also given multiple CLE presentations on topics such as: the various constitutional, regulatory, and contractual issues surrounding the development and use mobile apps; compliance with various mobile app marketplace policies; 3D printing legal issues; intellectual property issues with medical marijuana in Florida, and various case law updates in trademark, patent, and copyright law.

From 2012 through 2016, Kevin was named to the Super Lawyers Florida Rising Stars list as one of the top up-and-coming attorneys in Florida. Each year, no more than 2.5 percent of the lawyers in the state receive this honor.

Areas of Practice:

Intellectual Property litigation (including Patent, Trademark, Copyright, Trade Secrets, Internet Law, Cybersquatting and Domain Name issues), trademark and copyright prosecution (including filing trademark and copyright applications, responding to trademark office actions, and negotiating consent agreements), Mobile App Development, TTAB and ICANN UDRP Proceedings, Related Business Matters and Related Litigation Matters.

Selected Reported Cases:
Alpha Technology U.S.A. Corp. v. Mlsna Dairy Supply, Inc., 2015 U.S. App. LEXIS 19905 (Fed. Cir. November 12, 2015)

Alpha Tech. U.S.A. Corp. v. MLSNA Dairy Supply, Inc., 113 U.S.P.Q.2d (BNA) 1692 (W.D. Wis. 2015)

Jeffrey Feulner, P.A. v. Cordell Practice Management Group, LLC, 2015 TTAB LEXIS 462 (October 26, 2015)

Advanced Inspection Technologies, Inc. v. RVI Pro, Inc., Case No. 6:15-cv-1173-Orl-DAB (September 25, 2015)

Trieu, LLC v. Kimhong Ho, 2014 U.S. Dist. LEXIS 148112 (M.D. Fla. 2014)

Dynamic Designs Distribution, Inc. v. Nalin Mfg., LLC, 2014 U.S. Dist. LEXIS 54217 (M.D. Fla. 2014)

JWS Samuel, LLC v. Hillsborough County, 2012 U.S. Dist. LEXIS 113507 (M.D. Fla. Aug. 13, 2012)

Blackwall Group, LLC v. Sick Boy, LLC, 771 F. Supp. 2d 1322 (M.D. Fla. 2011)

Internet Solutions Corp. v. Marshall, 39 So. 3d 1201 (Fla. 2010) (appearance for amicus curiae)

Bar Admissions
  • Florida
  • U.S. District Court Middle District of Florida
  • U.S. District Court for the Southern District of Florida
  • U.S. District Court for the Northern District of Florida
  • U.S. District Court for the Western District of Wisconsin
  • U.S. District Court for the Eastern District of Wisconsin
  • United States Court of Appeals for the Federal Circuit
Education
  • Barry University School of Law
    Orlando, Florida, 2008 cum laude, J.D.
  • University of South Carolina, Columbia
    South Carolina, 1997, B.A. in English
Professional Associations & Memberships
  • The Florida Bar
  • The Florida Bar, Business Law Section — Intellectual Property Committee
  • Orange County Bar Association, Intellectual Property Committee (Co-chair 2014-2015)
  • The Florida Bar Foundation - Fellow
  • Florida's Children First - Friend
Awards/ Recognitions