Mark J. Diliberti

Mark J. Diliberti

Mark J. Diliberti is a partner in the Milwaukee office of Foley & Lardner LLP. He is vice chair of the Trademark, Copyright & Advertising Practice and a member of the Entertainment & Media Industry Team. He counsels clients on a wide range of intellectual property issues, particularly those involving trademark and copyright law. These issues include: strategic brand development, clearance and risk assessment; global portfolio management, enforcement and defense; agreement negotiation and intellectual property aspects of business transactions. Mr. Diliberti has substantial experience with protecting unique and distinctive features of products (such as color and shape) as trade dress and copyrights. He has also presented on this topic (available at Foley.com).

Mr. Diliberti was named to the 2006 and 2007 lists of Wisconsin Super Lawyers - Rising Stars by Law & Politics Media, Inc. for his intellectual property - entertainment & sports work. He also received the firm's Intellectual Property Department Founder's Award in 2006, recognizing his service to clients, his colleagues and the firm. Mr. Diliberti serves on the firm's national recruiting committee, and leads the intellectual property recruiting efforts for the Milwaukee Office. He also served for several years on the firm's national associate's committee.

A Phi Beta Kappa member, Mr. Diliberti earned his Bachelor of Arts, in English and philosophy, from Marquette University (summa cum laude, 1995) and his J.D., with honors, from the University of Chicago Law School (1998). Admitted in Wisconsin, Mr. Diliberti has presented at several state and local bar conventions on effectively using trademarks and copyrights to support clients' business goals. He is a contributing author for the World Copyright Report, has published in the ABA IPL Newsletter, and has been quoted on Internet domain name issues in The Business Journal.

Publications and Presentations:

· "Colorful Rights: Trademark Protection for Color Schemes," Legal News Alerts: Sports, December 2008

· "IP Protection Menu for Medical Devices," Legal News: Medical Devices, November 2008

· "First Sale Doctrine Protects Sale of 'Promotional Use Only' CDs," World Media Law Report, September 2008

· "Copyright Protection Denied to Digital Models Created for Ad Campaign," World Media Law Report, July 2008

· "Court Rejects RIAA's Popular 'Making Available' Argument," World Media Law Report, July 2008

· "StreamCast Ordered to Filter P2P Software But Escapes Being Shut Down," World Copyright Law Report, November 2007

· "Circuits Finally Agree on Scanned Pages of National Geographic CD - ROM," World Copyright Law Report, July 2007

· "Ninth Circuit Rejects Challenge to Copyright Protection for Orphan Works," World Copyright Law Report, March 2007

· "Flea Market's Theory of Secondary Liability Doesn't Fit, So Court Doesn't Buy," World Copyright Law Report, May 2006

· "Supreme Court Leaves Circuits Divided Over National Geographic CD-Rom," World Copyright Law Report, February 2006

· "Safe Harbour Provides a Generous Haven for Software Copied for Maintenance," World Copyright Law Report, October 2005

· "Metro-Goldwyn-Meyer Studios v. Grokster Ltd.: The Balance Between Copyright and Innovation," July 2005 (Presentation)

· "Appeals Court Asks if FCC Broadcast Flag has 'Crossed the Line'," World Copyright Law Report, April 2005

· "Clash of Industry Giants in Use of Music Games," World Copyright Law Report, July 2004

· "Belated Christmas Present for Fox in Copyright Case," World Copyright Law Report, May 2004

· "Country Singer Gets the Blues Over Allegedly Infringing Photo," World Copyright Law Report, April 2004

· "Developing & Defending Color Marks," June 2003 (Presentation)

· "Copyright Law and Misappropriation Doctrine," State Bar of Wisconsin, March 2001 program on Effectively Advising Your Business Clients and June 2000 Annual Convention (Presentations)

· Napster case summary, IPL Newsletter, Spring 2001