Recently named No. 4 in the nation,
Trademark Insider's®' Top 50 Trademark Attorneys
Recently named the "Go-To
Lawyer When Winning is a Must" in intellectual property by Gulfshore Life Magazine.
Ms. Whitelaw's practice is devoted exclusively
to foreign and domestic intellectual
property law, primarily trademark, copyright, unfair competition,
product anti-counterfeiting, deceptive trade practices, licensing, contracts, art and
entertainment law matters, including federal litigation throughout the
courts of the United States.
Admitted to practice before the
Supreme Court of Florida, United States Court of Appeals for the
Federal Circuit, Washington, D.C.; United States Court of
Appeals for the Eleventh Circuit; United States Court of Appeals
for the Seventh Circuit; United States Court of International
Trade; United States Supreme Court; United States District
Courts; Trial Bar for the Middle District of Florida
Member of American Bar
Association; American Bar Association Intellectual Property Law
Section; ABA Committee on Unfair Competition/Trade Identity and
Right of Publicity Subcommittee; ABA Pretrial Practice and
Discovery Committee; American Bar Association Litigation
Section; International Trademark Association (INTA);
Florida Bar; Florida Bar Business Law Section, Intellectual
Property Law Committee; Florida Bar Entertainment, Arts and
Sports Law Section; Faculty Member - Art Institute of Naples,
Art Law/Copyright Law; Member at large - ICANN (Internet
Corporation for Assigned Names and Numbers).
Panelist and speaker at invitation of U.S.
Commisioner of Trademarks - Trademark Office Goes eGovernment, Florida Bar CLE Lecturer - Trademark/Trade
Dress Protection in Original Works of Art; Publisher and author of
newsletter, Market Intelligence®; Columnist - Florida Arts, Music
and Entertainment News Network, Creative Alliance of Florida and
Florida Music Network;
Student Law Clerk to the Honorable Elizabeth A. Kovachevich, Chief
Judge, United States District Court for the Middle District of
Florida.
Listed for more than a decade,
including the current year, as one of the nation's Top Trademarkers,
Intellectual Property Today. Rated AV in
Martindale-Hubbell, Volunteer Lawyers for the Arts Award,
participated as lead trial counsel in numerous
cases including these published decisions.
Industries:
banking and financial, luxury goods, live plants, roses,
botanical genetics, gourmet and specialty food/beverage,
confections, chocolate, toys and games, clothing and fashion
industry, architecture, fine art,
performing arts, television and radio, film
production, internet and computer technology, hotel and
hospitality, medical, pharmaceutical and nutraceutical
industries.
Ms.
Whitelaw's experience in intellectual property matters
includes the following highlights:
represented the Plaintiff in a
federal case addressing the well known paintings of an
accomplished artist where the works possessed a certain look,
feel, and overall appearance unique to the artist and where
the accused infringer was using the same in the accused works.
The suit sought protection under the Lanham Act and
trademark theories and was a first of its kind, resulting
in a finding that the Lanham Act did indeed protect trade
dress within the context of original works of art.
represented what is believed to be the first Anticyberpiracy Consumer Protect Act plaintiff to prevail to
judgment in the United States. The case was filed against an
accused infringer for using the Plaintiff’s registered mark in
an internet domain name. Judgment was entered against the
defendants and a permanent injunction issued.
represented a four-time Grammy®
nominee and accomplished songwriter against the largest record
company in the world, obtaining judgment and a considerable settlement to the
well known songwriter.
represented top record companies,
film companies and musical recording artists in contested
matters and internet domain matters.
represented top national television
program with respect to Academy Awards®
represents a number of banks and
financial institutions, including some of the largest banks in
the United States.
represented the nation's leading tax
preparation company in trademark enforcement matters resulting
in judgment against all named defendants and permanent
injunction issued.
represented one of the nation's
oldest and legendary restaurants and obtained judgment and
permanent injunction against defendants using an infringing
mark.
represents top gourmet chocolatier, receiving Consumer Reports® 2006 Number 1
ranking, surpassing nineteen other companies, including Godiva®,
Sees®, Hershey's®, Fannie May®, Lindt®, and MarieBelle®.
represents one of the nation's
leading television broadcast affiliates and has successfully
enforced their trademarks in various litigation matters.
represented one of the largest
insurance companies in the world through the eve of trial in a
contested domain matter which resulted in the contested domain
being returned to the trademark holder, judgment entered
against the defendants and permanent injunction issued
represents American's leading
supplier of frequency control products for computers, disk
drives and wireless applications
represents the world's largest
religious broadcaster and America's most watched faith channel
represents the largest administrator
of plant patent royalties in the world, she enforces plant
patents throughout in the United States and abroad.
Recently, she was lead counsel in a
seizure operation against counterfeit plant material, working
with the Department of Homeland Security and United States
Customs, representing the largest floral distributor in the
United States, resulting in the largest seizure of such
plant product in U.S. history.
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*Ms. Whitelaw
received her law degree from Stetson University College of Law*,
she was included on the honor roll, in Moot Court she won the unanimous verdict of all judges,
she also won Mock Trial, by jury verdict.
Stetson
is Florida's oldest Law School. Stetson is also one of the first law
schools in the nation to require pro bono service by students and
faculty. It is the only law school in the nation to win all five
national-level law school trial competitions in one academic year.
Stetson University College of Law ranked first in the nation for trial
advocacy training, according to the U.S. News and World Report
survey. Since the trial advocacy specialty rating was added to the
annual survey in 1995, Stetson has consistently rated number 1 or near
the top in trial advocacy among all accredited law schools in the
nation. No other law school has achieved such a remarkable record of
success. Stetson University College of Law’s Student Bar Association
has been named the top student organization in the United States by
the Law Student Division of the American Bar Association (ABA). The
award recognizes the best overall Student Bar Association in the
country.