Gregory W. Herbert: Lawyer with Greenberg Traurig, LLP

Gregory W. Herbert

Shareholder
Orlando,  FL  U.S.A.
Phone407.418.2431

Peer Rating
 4.9/5.0
AV® Preeminent

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Practice Areas

  • Litigation
  • Entertainment and Media
  • Intellectual Property & Technology
 
Contact InfoTelephone: 407.418.2431
Fax: 407.420.5909
http://www.gtlaw.com/People/Gregory-W-Herbert
 
University Florida State University, B.A., Business, English, with honors, 1986
 
Law SchoolHarvard Law School, J.D., 1990 Editor, Harvard Environmental Law Review, Co-Editor-in-Chief, Harvard Law Record
 
Admitted1992, New York; 1997, Florida
 
Memberships International Trademark Association (INTA); The Florida Bar (Member, Media Law Committee); Orange County Bar Association; Roppongi Bar Association, Tokyo, Japan (President, 1990-1992).

 
Born1964
 
Biography

For more than 20 years, Gregory Herbert has litigated and counseled clients in the areas of intellectual property law, media/First Amendment law, Internet law, eCommerce, entertainment law and complex commercial litigation. Greg is board certified as a specialist in Intellectual Property Law by the Florida Bar's Board of Legal Specialization and Education, a distinction held by less than 1% of Florida attorneys. Greg has broad trial experience, jury and non-jury, in state and federal court, having tried multimillion-dollar cases to verdict as lead trial counsel. Greg also has extensive experience representing for-profit higher education institutions in connection with intellectual property and litigation matters. Greg was voted by his peers as "Lawyer of the Year" in the Intellectual Property Litigation practice area in the Orlando market for 2014, as noted in The Best Lawyers in America annual vote.

Prior to joining Greenberg Traurig's Orlando office in 1996, Greg was with a media and IP litigation boutique firm in New York. Greg frequently lectures on media, IP, and Internet law issues, has published several articles on those topics, and has taught Internet law as an Adjunct Professor at the Dwayne O. Andreas School of Law, Barry University. Greg has had two media and IP cases featured on the front page of USA Today as well as other publications.

Areas of Concentration

· Intellectual property litigation

· Media law, defamation and First Amendment litigation

· Internet, Cyberlaw and eCommerce litigation

· Commercial litigation

Professional & Community Involvement

· Member, Florida Bar Association, Media Law Committee

· Member, Orange County Bar Association, Intellectual Property Law Committee

· Member, Harvard Club of Central Florida

· Board of Directors,Winter Park Crew Boosters (2013-2014)

· Consultant, Harbor House Domestic Violence Shelter (pro bono consultation)

· Member, International Trademark Association (INTA)

· Member, Orange County Bar Ass'n Guardian Ad Litem Program (at least two cases per year)

· Pro Bono Consultation, Media Bloggers Association

· Pro Bono Consultation, Conklin Center for Multi-Handicapped Blind

· President, Roppongi Bar Association, Tokyo, Japan, 1990-1992

Awards & Recognition

· Listed, The Best Lawyers in America, Litigation - Intellectual Property; Litigation - Patent, 2010-2014
- "Lawyer of the Year," Litigation - Intellectual Property, Orlando, 2014

· Listed, Super Lawyers magazine, Florida Super Lawyers, 2013

· Listed, Orlando magazine, "The Best Lawyers in Orlando," 2010, 2013

· Team Member, a Law360 "Employment Practice Group of the Year," 2011

· Listed, The Legal 500 United States, Intellectual Property Litigation - Copyright: National, 2007

· Rated, AV Preeminent® 4.9 out of 5

Professional Experience

Significant Representations

· Celorio v. Google, Inc. (N.D. Fla. 2013)(patent): Obtained Summary Judgment for Google, dismissing patent infringement claims relating to on-demand publishing technology, and Protective Order blocking deposition of Google's founders. See 2013 WL 4536527 (N.D. Fla. 2013).

· Copyright Infringement Defense (S.D.Fla. 2013) (copyright/television): Currently defending leading international Spanish-language television network against copyright infringement claims arising from programming (telenovelas).

· SeaWorld Parks & Entertainment, LLC v. OSHA (M.D.Fla. 2012): Represented SeaWorld in action against federal agencies, seeking to enjoin dissemination of graphic video depicting death of orca trainer.

· XOS/In re NCAA Litigation (M.D.Fla. 2012): Represented innovative sports media company, XOS, in connection with defense of student athlete plaintiff class action involving cutting edge right of publicity claims.

· Copyright Infringement Defense (M.D.Fla. 2011) (copyright/trade secrets): Defended major theme park in purported $350 million, high-profile claim for copyright infringement and misappropriation of trade secrets, alleging theme park stole concepts, ideas, drawings and plans for multiple parks, attractions and rides.

· Copyright Infringement Defense: (M.D.Fla. 2010) (copyright/music): Defended and resolved high-profile copyright infringement claims against major international theme park entities in litigation arising from use of song in musical performances at theme parks.

· SeaWorld Parks & Entertainment, LLC v. Orange County Sheriff's Office (Orange Co. Cir. Ct. 2010) (public records/copyright): Obtained temporary and permanent injunctions prohibiting media publication of graphic videos and photos depicting death of orca trainer.

· WrestleReunion, LLC v. Live Nation (M.D. Fla. 2009) (Tampa) (entertainment law): Acted as co-lead trial counsel in two-week, federal court jury trial. Defeated $22 million claim against world's largest, publicly traded concert promoter, Live Nation. Plaintiff claimed breach of duty, based on exclusive rights, to market/distribute plaintiff's television programming. Dismissed fraud-based claims prior to trial: WrestleReunion, LLC v. Live Nation, 2008 WL 3048859 (M.D. Fla. 2008). Trial verdict affirmed on appeal: 2010 WL 3623171 (11th Cir. 2010).

· Moore v. Fox Network (Orange Co. Cir. Ct., 2009) (entertainment): Defeated high-profile motion for temporary restraining order filed by college football fans seeking to compel Fox to renew re-broadcast agreement with Bright House cable network to air Sugar Bowl on New Year's Day.

· Goswami v. Lennox Industries, Inc. (Alachua Co. Cir. Ct., 2008) (patent): Acted as lead trial counsel. Obtained defense verdict on multimillion-dollar claim for patent royalties by inventor/patentee of air purification system on behalf of publicly traded HVAC manufacturer (NYSE:LII). Claims raised novel patent royalty assignment issues, with only two reported cases on point since 1947.

· Pinnacle Loudspeakers v. Ingram Micro/DBL Distribution, LLC (copyright, trademark) (AAA Arbitration, S.D.N.Y. 2011): Second chaired trial, obtained award of more than $1 million in damages, plus attorneys' fees, on copyright, trademark and contract claims, against world's largest distributor of consumer electronics, Ingram Micro.

· Ecolab Inc., et al. v. International Chemical Corporation (M.D.Fla. 2012) (Conway, J.) (patent, trademark): Resolved patent and trademark infringement claims, after extensive litigation and discovery involving claims of false marking, inequitable conduct and indefiniteness, in "bet the company litigation" over method claims for lubrication in beverage conveyor industry.

· Grimsdale v. Sweetbay Supermarket 2011 Fla. App. LEXIS 18703 (Fla. 2nd DCA 2011) (data breach, class action): Assisted in obtaining dismissal of all counts of consumer class action Complaint against Sweetbay arising from data security breach; affirmed on appeal.

· Palm Coast Travel v. Chris Elliott (Palm Beach Co. Cir. Ct. 2010) (media law): Defended nationally syndicated travel columnist/blogger/consumer advocate Chris Elliott (Miami Herald, Washington Post, National Geographic) against defamation and tortious interference claims brought by travel company based on journalism concerning state investigation into trip insurance practices.

· Land Rover v. E2 Services (M.D. Fla. 2011) (Sharp, J.) (trademark, domain name): Obtained permanent injunction against infringement of auto manufacturer's famous trademarks and domain names, and against manipulation of Google and Yahoo! Local business listings.

· Skyventure Orlando, LLC v. Skyventure Management, LLC (M.D. Fla. 2009) (trademark, domain name): Acted as lead counsel representing owners of indoor skydiving facilities on federal trademark, domain name and franchise law claims; resolved after extensive litigation.

· Freid v. eBay (Ninth Circuit, Florida 2008) (Internet law): Obtained dismissal of consumer fraud claim against eBay, based on § 230 of the Communication Decency Act immunizing computer service providers from liability for third party content.

· Corporate Search America, Inc. v. Dorsett (M.D.Fla. 2008) (Conway, J.): Obtained permanent injunction and attorneys' fees against former employee on Copyright Act, Lanham Act, and Computer Fraud and Abuse Act claims.

· Goforit Entertainment, LLC v. DigiMedia.com, L.P. 513 F. Supp. 2d 1325 (M.D.Fla. 2007) (Antoon, J.): Defeated cutting-edge cybersquatting and trademark infringement (Lanham Act) claims for one of the world's largest domain name businesses. Case of first impression alleging use of Wildcard DNS search technology amounted to cybersquatting. Obtained dismissal of all claims on jurisdictional grounds where claims were based in part on use of geographic terms/city names in domain names.

· Reusser v. Susan Seidelman & Snowbird Films (S.D.Fla. 2007) (Ryskamp, J.): Defended film and television director Susan Seidelman (Desperately Seeking Susan, She-Devil, and Sex & the City pilot) against trademark infringement (Lanham Act) action filed against production company for her most recent film Boynton Beach Club.

· mVisible Technologies, Inc. v. Mixxer, Inc. 2007 WL 809677 (S.D.Fla. 2007) (Cohn, J.): Defended Mixxer, web-based provider of cell phone media downloads and other services, against federal trademark infringement (Lanham Act) and unfair competition claims. After moving to dismiss for lack of personal jurisdiction (based solely on business conducted through website), case settled.

· Instabook Corp. v. InstantPublisher.com 469 F.Supp.2d 1120, (M.D. Fla. 2006) (Antoon, J.) (patent infringement): Defeated patent infringement claim against Internet-based book publisher. Moved to dismiss suit for lack of personal jurisdiction, where jurisdiction was based solely on out-of-state client's sales over Internet. Court's ruling is one of the first within the Eleventh Circuit to dismiss a case based on consideration of a website's "Terms of Use" containing an exclusive jurisdiction clause.

· The Tribune Company Holdings, Inc. v. Times Publishing Co. (M.D.Fla. 2006) (Tampa Div.): Defended The St. Petersburg Times (Times Publishing Co.), against trademark and cybersquatting litigation filed by The Tampa Tribune (Media General Operations, Inc.), concerning use of term tbt* Tampa Bay Times for tabloid-style newspaper.

· Warren Kremer Paino, LLP v. Dutson 34 Med. L. Rptr. 3 (D. Maine 2006) (copyright infringement, Lanham Act trade libel, common law defamation): Represented blogger/freelance journalist Lance Dutson in defense of highly publicized, federal lawsuit filed by New York-based national advertising agency alleging copyright infringement and defamation, seeking potentially millions of dollars in damages arising from client's parody of agency's advertisements and critical statements published over the Internet. Ad agency voluntarily and unconditionally dismissed the action shortly after retainer.

· Alu, Inc. v. Kupo Co., Ltd. (M.D. Fla. 2006) (Antoon, J.) (trade dress, trademark and patent infringement): Obtained preliminary injunction and seizure order preventing display and sale of knock-off products at Orange County Convention Center.

· Fenton v. Gray (M.D.Fla. 2006) (Tampa Div.) (copyright infringement): Defended hit songwriter Mark Gray and spouse from copyright infringement claims arising from script and soundtrack for children's film.

· Aerosphere, Inc. v. Esprit Model, Inc. (M.D. Fla. 2006) (Conway, J.): Obtained permanent injunction under Lanham Act, Copyright Act, and Florida Deceptive and Unfair Trade Practices Act against infringer of trademarks, trade dress and copyrights for high-end, radio-controlled airplanes.

· Sun Protection Factory, Inc. v. Tender Corp. 2005 WL 2484710 (M.D. Fla. 2005) (Fawsett, J.) (Lanham Act trademark infringement): Resolved trademark infringement lawsuit filed against client for use of previously owned federally registered trademark for consumer sunscreen product.

· Gibson Guitar Corp. v. Piano Expo, Inc. 2005 WL 1676811 (M.D. Fla. 2005) (Antoon, J.) (Lanham Act trademark infringement and trade libel, false advertising): Obtained preliminary injunction for international musical instrument/entertainment company Gibson Guitar/Baldwin Piano, blocking publication of damaging and false advertisement by competitor misusing Baldwin's trademark.

· Represented Martha Beck, New York Times best-selling author of Expecting Adam, Leaving the Saints, and The Joy Diet, and columnist for Oprah Winfrey's O Magazine, in connection with media law issues concerning the publication of her work.

· Hedy Lamarr v. E. & J. Gallo Winery (M.D. Fla. 2000) (unpublished opinion), aff'd, (11th Cir. 2001): Obtained summary judgment and six-figure attorney fee award on behalf of Gallo and Foote Cone Belding/True North Communications, its national advertising agency, against the estate of former Hollywood film legend Hedy Lamarr in her $17.5 million, high-profile, invasion of privacy/right of publicity/Lanham Act suit arising from the alleged use of her image in nationally televised wine commercial.

· Plastic Tubing Industries, Inc. v. Atchley (Orange Co. Circuit Ct. 1999) (unpublished): Acted as lead trial counsel in trial of patent ownership/breach of fiduciary duty dispute between manufacturer/inventor and former corporate officer.

· Kraselsky v. Sanstar Productions, Inc. (M.D. Fla. 1999) (Conway, J.) (unpublished): Obtained permanent injunction on behalf of manufacturer and inventor of patented novelty item against further infringement of design patent and utility patent by former licensee.

· Noonan v. R.J. Reynolds Tobacco Co. 902 F. Supp. 298 (D. Mass. 1995): Defeated multimillion-dollar, high-profile, defamation/invasion of privacy/right of publicity/Lanham Act claims brought against RJR, and its international advertising agencies, Lintas Worldwide and Interpublic Group of Companies, brought by alleged "Anti-Smoking Czar" of the Boston public school system, arising from publication of his photograph in internationally circulated RJR magazine advertisement.

· Larchmont Professional Firefighters Ass'n v. Gannett, 615 N.Y.S. 2d 73 (2d Dept. 1994): Defeated defamation claim by firefighters union against Gannett Suburban Newspapers arising from newspaper article critical of union policies.

· GMT Productions, L.P. v. Cablevision of New York City 816 F. Supp. 207 (S.D.N.Y. 1993): Defeated federal trademark infringement action against Cablevision cable television network arising from broadcast of "Arabic Channel" program.

· Viad Corp. v. McAvoy (Orange Co. Circuit Ct. 2001): Resolved alleged "cybersmearing" internet defamation action arising from alleged defamatory postings on Internet message board.

· Defeated numerous libel/slander/defamation actions against newspapers, radio stations, magazine and book publishers.

· Performed pre-publication/pre-broadcast review and "libel reads" of content for major television network and national publishing house.

· HTE, Inc. v. Blumfield (Orange Co. Circuit Ct. 1999) (unpublished): Acted as lead trial counsel; obtained injunction for publicly traded software company against former corporate officer enjoining competition and use of trade secrets and customer lists.

Noteworthy Experience

· Adjunct Professor, Barry University School of Law, Internet Law, 2008-2009

· Board Certified, The Florida Bar, Intellectual Property Law, Board of Legal Specialization and Education

Publications & Presentations

Articles, Lectures & Publications

Articles/Media

· Author, "How to Combat Cybersmears and Online Attackers," Chief Executive, October 18, 2013

· Quoted/Featured, "What is the Most Common Legal Business Issue You See?" Orlando Business Journal, October 4, 2013

· Quoted, "EA Out Of Antitrust Suit But NCAA Won't Budge An Inch," Law360, October 3, 2013

· Quoted/Featured, Fox 35 News, WOFL-TV, " NASA v. Nelson Supreme Court Privacy Case," evening news, October 4, 2010

· Quoted/Featured, Fox 35 News, WOFL-TV, "Military Funeral Protests," evening news, September 1, 2010

· Quoted/Featured, Fox 35 News, WOFL-TV, "Court Rules Roadside Crosses Unconstitutional," evening news, August 25, 2010

· Quoted/Featured, Fox 35 News, WOFL-TV, "Defending Your Online Reputation," evening news, May 13, 2008

· Quoted/Featured, Fox 35 News, WOFL-TV, "The Tricia Walsh-Smith YouTube Video Controversy," evening news, April 16, 2008

· Quoted, "Court Cases Focus on Famous Faces," USA Today, October 2, 2007

· Quoted, "Burnham Expansion May Affect Intellectual Property Law," Orlando Business Journal, June 22-28, 2007

· Quoted, "Legal 'Blawgs': Attorneys Offer Advice, Discuss Current Issues Online," Orlando Business Journal, June 22-28, 2007

· Quoted, "Courts are Asked to Crack Down on Bloggers, Websites," USA Today, Oct. 3, 2006, A1, 82 Notre Dame Law Review 1537, 1538 n.9, April 2007

· Quoted, "Court Says Blogs Can't Be Sued for Postings," USA Today, November 22, 2006

· Quoted, "Hold That Thought: Pre-Publication Review is a Thankless but Necessary Task," Hollywood Reporter, Esq., November 14-27, 2006

· Quoted, "Lawsuit Seeks to Block Blogger: First Amendment Advocates Decry Prior Restraint," Orlando Sentinel, September 5, 2006

· Featured, "Orlando Lawyer is Web Hero After Defending Blogger," Orlando Sentinel, May 12, 2006

· Author, "Avoiding Litigation a Good Rationale for Copyright, Non-Compete Agreements," Engineering Times, August/September 1999

· Author, "The Quick and the Dead and the Descendible Right of Publicity," First Amendment & Media Law Litigation Newsletter, American Bar Association, Winter 1995

· Co-Author, "The Emerging Publication Torts" Chapter, Communications Law, Practicing Law Institute Media Litigation Handbook, 1994

· Author, "Waiving Rights and Burning Flags: The Search for a Valid State Interest in Flag Protection," Harvard Civil Rights-Civil Liberties Law Review, Summer 1990

Lectures

· Speaker, "Copyright Preemption: Recent Developments for Implied-In-Fact Contract Claims," Orange County Bar Association Intellectual Property Committee, March 2013

· Panelist, "Libel and Privacy: Minimizing the Risks of Publishing Online," Media Law in the Digital Age Conference, Berkman Center for Internet & Society at Harvard Law School, Atlanta, GA, September, 2010

· Panelist, "Ethical Issues in Trademark and Copyright Practice," Barry University School of Law, Orlando, FL, November 2007

· Speaker, "Common Intellectual Property Issues Facing Corporate Counsel," Hillsborough County Bar Association Corporate Counsel Section, Tampa, FL, October 2007

· Speaker, " Guetzloe v. WKMG: Privacy Rights and Prior Restraint Law," First Amendment Foundation's Sunshine Seminars, University of Central Florida, October 2007

· Panelist, "Maine Blogger Case," Media Giraffe Conference, University of Massachusetts at Amherst, June 2006

· Moderator, "FCC Indecency Regulations and Free Speech," Florida Bar Media Law Conference, Tampa, FL, February 2006

· Speaker, First Amendment Foundation's Sunshine Seminars, Florida Media Law and Open Government Topics, Leesburg, FL, Spring 2004

 
ISLN900721661
 


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Office Information

Gregory W. Herbert

450 South Orange Avenue, Suite 650
OrlandoFL 32801




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