Robert H. Thornburg

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Robert H. Thornburg: Attorney with Allen, Dyer, Doppelt & Gilchrist, P.A.

Biography

A Miami Patent Attorney, Robert Thornburg is a nationally recognized intellectual property litigation specialist who has a built a reputation over the past 15 years in bet-your-business patent, copyright, trademark, trade secret and technology focused litigation on behalf of international and Florida-based businesses. In addition, he has filed over 400 trademark applications and over 100 patent applications on diverse technologies. Outside of IP litigation and prosecution, he also assists technology businesses in orchestrating counterfeit defense campaigns; negotiating and drafting intellectual property agreements; addressing domain name disputes, as well as assisting in DMCA take down proceedings.

In recent years, Mr. Thornburg served on the board of directors of the Association of Intellectual Property Firms (AIPF). He is a past president of the Intellectual Property Law Association of Florida (IPLAF). Mr. Thornburg is also on the Executive Counsel of the Business Law Section of The Florida Bar and a former chair of the section’s Intellectual Property Committee and the section’s Computer & Cyber Law Committee.

Mr. Thornburg is passionate about advancing the rights of artists, photographers, musicians, and content creators in the Miami area. In 2013, he founded the Miami Chapter of the Copyright Society of the USA, where he is the chapter co-chair. He is also active in the Coral Gables community as a member of the Merrick Society of the Coral Gables Community Foundation, a trustee to First United Methodist Church of Coral Gables and an active supporter of St. Philips Episcopal School.

Mr. Thornburg is also a strong supporter of University of Florida where serves on the Law Center Association (LCA) Board of Trustees and is a former president of the University of Florida Law Alumni Council (LAC).

While at Florida Law, Robert served as Vice-Chair of the Justice Campbell Thornal Moot Court Board. Mr. Thornburg is the former Editor-in-Chief of the Journal of Technology Law & Policy, and President of the Florida Intellectual Property Law Association. Mr. Thornburg is an active lecturer on topics relating to intellectual property and has served as a visiting lecturer at the University of Florida Levin College of Law, the University of Miami Miller School of Law, Florida State University College of Law, and the University of Notre Dame College of Engineering.

Affiliations

University of Florida Law Center Association Board of Trustees (2018- Present)

University of Florida Law Alumni Council (President, 2016-2017; President-Elect, 2015-2016; Secretary, 2014-2015)

Copyright Society of the U.S.A. (Executive Committee/Co-Chair 2018 Mid-Year National Meeting, 2017-2018)

Copyright Society of the U.S.A., Miami Chapter (Chapter Founder, Co-Chair, 2015-2019)

Association of Intellectual Property Firms (Board of Directors, 2017-2018)

First United Methodist Church of Coral Gables (Trustee, 2016-2018)

Coral Gables Community Foundation, Merrick Society Member (2016-2019)

Intellectual Property Law Association of Florida (President, 2013-2014; Vice Pres., 2012-2013; Secretary, 2011-2012)

Publications

Electronic Discovery in Florida, The Florida Bar Journal, Vol. 80, No. 9 (October 2006)

Trade Secrets in the Digital Age, ABA SciTech Law Journal, Vol. 3, Issue 1 (May 2006)

Trademark Survey Evidence: Review of Current Trends in the Ninth Circuit, 21 Santa Clara Comp. & High Tech. L. J. 715 (2005)

Choice of Law in International Copyright: The Split of Authority Between the Second and Ninth Circuits Regarding Extraterritorial Application of the Copyright Act, 10 J. Tech. L. & Pol’y 23 (2005)

L.L.M. Dissertation, Trademark Surveys: Development of Computer Based Survey Methods, 3 J. Marshall Rev. Intellectual P. L. (2004)

Stadium Naming Rights: An Assessment of the Contract and Trademark Issues Inherent to Both Professional and Collegiate Stadiums, 2 VA. Sports & Ent. L.J. 328 (2003)

Florida Privacy Law: Application of Intentional Tort Principles and Florida’s Right to Privacy as Safeguards to Private Dissemination of Private Information, 4 Fla. Coastal L.J. 139 (2003)

The Impact of Copyright Law on Distance Education Programs: How Fair Use and the CONFU Guidelines May Shape the Future of Academia, 27 S. Ill U.L.J. 321 (2003)

Recognition

Best Lawyers in America, Copyright Law: 2013‑2020

Florida Super Lawyers: 2013‑2019 (Top 100 Attorneys in Miami: 2017 & 2019)

Rising Stars: 2010‑2012

South Florida Legal Guide – Intellectual Property Law: 2013‑2019

Miami Daily Business Review, Rising Stars: 2013

Florida Trend Legal Elite, Up and Comers: 2010 & 2012

40 Under 40 Outstanding Attorneys of Miami‑Dade County: 2009

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Areas of Practice (5)

  • Patent Acquisition and Counseling
  • Trademark and Copyright Acquisition and Counseling
  • Intellectual Property Litigation
  • Intellectual Property Transactions
  • Business Litigation

Education & Credentials

Mailing Address:
777 Brickell Ave, Suite 1114, Miami, FL 33131
University Attended:
University of Notre Dame, B.S., cum laude, 1999
Law School Attended:
University of Florida Levin College of Law, J.D., with honors, The Order of Barristers, Certificate Degree in Intellectual Property, 2002; The John Marshall Law School, LL.M., Intellectual Property, 2004
Year of First Admission:
2003
Admission:
2003, Florida; U.S. Court of Appeals, Seventh, Eleventh and Federal Circuits; 2003, Illinois; 2003, U.S. District Court, Middle, Southern and Northern Districts of Florida; 2003, U.S. District Court, Northern District of Illinois; registered to practice before U.S. Patent and Trademark Office
Memberships:
The Florida Bar (Member, Business Law and Intellectual Property Sections); Illinois State and American Bar Associations; American Institute of Property Law Association - AIPLA; Federal Bar Association.
Languages:
Spanish
Birth Information:
Titusville, Florida
Reported Cases:

Jet Miami LLC v. Miami Jet Inc., Case No. 1:17-CV-24142-DPG (S.D. Fla. Aug. 21, 2019) (Report and Recommendation granting accused infringer’s motion for summary judgment of trademark invalidity); American River Nutrition v. Beijing Gingko Group Biological Technology Co., Ltd, Case No. 8:18-CV-2201 (C.D. Cal. June 20, 2019) (defeat of motion to dismiss patent infringement action for want of subject matter under 35 U.S.C 101 on behalf of dietary supplement manufacturer); MEP Fla., LLC v. Fresh Bev, LLC, 2019 U.S. Dist. LEXIS 104346 (S.D. Fla. June 20, 2019) (entry of default final judgment in declaration action involving alleged breach of contract and trade secret claims); Vallejo v. Netflix, 2019 U.S. Dist. LEXIS 89008 (S.D. Fla. May 24, 2019) (successful defeat of motion to dismiss copyright claims concerning Vallejo’s allegations of copyright infringement regarding Narcos show); Designs for Health, Inc. v. Tops Medical Corp., Case No. 3:18-CV-01142-TJC-PDB (M.D. Fla. May 6, 2019) (entry of consent final injunction regarding use of Designs for Health marks, and settlement of $225,000.00 in infringement action); James v. OneUnited Bank, 2019 U.S. Dist. LEXIS 74418 (S.D. Fla. May 1, 2019) (dismissal of action and successful settlement of copyright infringement claim brought on behalf of local photographer); Designs for Health, Inc. v. Fruitful Longevity, Case No. 1:17-CV-23898 (S.D. Fla. 2018) (entry of consent final injunction regarding use of Designs for Health marks, and settlement of $220,000.00 in infringement action); Sesderma, S.L. v. Mediderm Labs. LLC, 2018 U.S. Dist. LEXIS 197799 (S.D. Fla. Nov. 19, 2018) (successful grant of Rule 12(b)(6) dismissal motion regarding trademark claim on behalf of Los Angeles cosmetic maker); Silver Streak Trailer Co., LLC v. Thor, Ind., 2018 U.S. Dist. LEXIS 226001 (S.D. Fla. Nov. 15, 2018) (successful grant of motion to compel interrogatory answers in trade dress declaratory action regarding Airstream trailer design); Palm Partners, LLC v. NetNames, 2018 U.S. Dist. LEXIS 123248 (S.D. Fla. July 20, 2018) (award of $15K in attorneys’ fees in domain name conversion suit); Bose Corporation v. 558 Eagle Lake, 6:16-Civ-02150-CEH (M.D. Fla. Sept. 12, 2017) (successful counterfeit investigation and trademark action resulting in consent final judgment and an award of statutory damages via default judgment against counterfeiter); Palm Partners LLC v. Palm Beach Treatment Center, LLC, 2017 U.S. Dist. LEXIS 133401 (S.D. Fla. Aug. 18, 2017) (defeat of Rule 12 dismissal in trademark action on behalf of an addiction recovery center); Laser Peg Ventures, LLC v. NToys Ltd., 2017 U.S. Dist. LEXIS 106099 (M.D. Fla. Apr. 26, 2017) (permanent injunction in patent and trade dress infringement action and $400,000 damages award against Chinese toy maker on behalf of Tampa toy developer); Grupo Interworks y Servicios S de RL de CV v. Interworks Groups and Services LLC (D. Nev. April 1, 2017) (resolution of business ownership dispute, including transfer of business assets and rights for mark DISCOVERY MUNDO to Cancun based travel services company); Custom Cutlery, LLC v. Churnick et al., Case No. 15-CV-24491 (S.D. Fla. Mar. 2, 2017) (negotiated settlement of $450,000 in favor of accused Florida Keys based cutlery designer); FlexFunds ETP LLC v. Meeder Investment Management (S.D. Fla. Feb. 2017) (settlement of trademark ownership dispute for Miami financial services group resulting in transfer of both domain name and registration); Sedna Aire USA, Inc. v. Sunologi, Inc., Case No. 15-CV-24753 (S.D. Fla. Nov. 2016) (injunction in patent and trademark action, along with agreed settlement of $340,000 on behalf of patent holder); Tsuen May Trading, Inc. v. New Age Imports, Inc., Case No. 1:15-CV-24683 (S.D. Fla. Oct. 25, 2016) (negotiated a significant financial settlement on behalf of Miami-based holistic products importer against Los Angeles competitor selling counterfeit products via Amazon); SafeRest LLC v. Rykies LLC d/b/a SureGuard Mattress Protectors, Case No.16-CV-60370 (S.D. Fla. June 2016) (dismissal with prejudice of design patent infringement claims in favor of South African-based mattress protector company); Silver Bullet Technologies LLC v. SEKO Worldwide, LLC, Case No. 15-CV-21901-DPG (S.D. Fla. Mar. 8, 2016) (settlement on behalf of Miami software firm in breach of license dispute against former logistics software licensee); Ice Legal P.A. v. Blue Basil Studios, Ltd., Case No. 9:15-CV-81690 (S.D. Fla. Jan. 25, 2016) (settlement of domain name and trademark dispute on behalf of Toronto legal services firm); Miami Style Inc. v. Hot Miami Styles, Inc., Case No. 1:14-CV-2264, (S.D. Fla. Aug 11, 2015) (negotiation of advantageous trademark settlement agreement on behalf of Miami apparel company); Laser Pegs Ventures LLC v. Hampton Direct, Inc., Case No. 8:14-CV-3122 (M.D. Fla. Feb. 5, 2015) (judgment finding client’s trademark rights were valid and enforceable – as well as strong – and negotiated settlement agreement prohibiting further use of the trademark); Adobe Systems Inc. v. Bea’s Hive LLC, 2014 U.S. Dist. LEXIS 130940 (S.D. Fla. Sept. 18, 2014) (successful grant of preliminary injunction on behalf of software developer after multi-day evidentiary hearing and prior grant of temporary restraining and seizure order); Valoro LLC v. Valero Energy Corp, U.S. Dist. LEXIS 110554 (S.D. Fla. Aug. 11, 2014) (grant of motion for more definite statement of Texas energy company’s trademark counterclaim); Platypus Wear Inc. v. Horizonte Ltda, 558 Fed. Appx. 929 (11th Cir. 2014) (affirmation by circuit court of successful defense verdict involving Brazilian and United States copyright and trademark rights after 3 week Miami jury trial on behalf of Sao Paulo energy drink company); Martin Memorial Health Systems v. Blue Cross Blue Shield Association, Case No. 2014-CV-14038 (S.D. Fla. Jan. 29, 2014) (declaratory action of non-infringement on behalf of multi-hospital group asking for finding of no infringement or dilution of Blue Cross’ logos); Eyepartner Inc. v. Kor Media Group, 2013 U.S. Dist. LEXIS 98370 (S.D. Fla. Jul. 15, 2013) (successful grant of preliminary injunction under Copyright Act after two-week evidentiary hearing); Pumponator Inc v. Water Sports LLC, 868 F. Supp. 2d 742 (N.D. Ill. 2012) (successfully defended challenge to personal jurisdiction regarding rival toy manufacturers in trade dress dispute); Your Baby Can Read LLC v. Planet Kids Inc., 2011 U.S. Dist. LEXIS 5315 (S.D. Fla. Jan 20, 2011) (successful defeat of motion for dismissal of trademark and copyright claim on behalf of children’s early education system).

ISLN:
917280557

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