Mark A. Nieds focuses his practice in the areas of Intellectual Property, business law and franchising.  He works with clients to develop comprehensive domestic and international intellectual property management strategies, advising on the identification, protection and enforcement of trademark, copyright and trade secret rights.  He has worked with clients on such diverse projects as new product launches, global re-branding and franchise formation.  His intellectual property practice encompasses both transactional matters and litigation to enforce rights in the courts and USPTO.  

In addition to his intellectual property practice, Mark also represents clients in business related matters including entity formations, business structuring, M&A and contracting.  Hhaving begun his legal career during the rise of the Internet in the 1990s, Mark also has extensive experience advising clients on Internet and tech-related issues including creation and implementation of privacy policies, terms of use and subscription agreements, data privacy and protection, data breach response, social media and artificial intelligence. 

Mark is a regular speaker on intellectual property and technology issues and has been quoted as a source by a number of publications on issues ranging from trademark protection to business implementation of artificial intelligence.  He is co-chair of the Lee County Bar Association Intellectual Property Section and on the Board of Directors of SWFL, Inc.

Outside work, Mark plays guitar poorly, but loudly, is an avid mediocre golfer and beer-league hockey player. 

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 in connection with spin-off of major global security division of a Fortune 500 entity
  • Conducted intellectual property due diligence in connection with corporate mergers, acquisitions and transactions

Education
  • Miami University, Oxford, OH, BA English Literature 1987
  • IIT Chicago-Kent College of Law, JD 1994
    • Law Review
Bar Memberships
  • Illinois (1994)
  • Florida (2015)
  • U.S. District Court, Northern District of Illinois (1994)
  • U.S. District Court, Middle District of Florida (2015)
  • U.S. District Court, Southern District of Florida (2015)