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BIOGRAPHY AND QUALIFICATIONS

JENNIFER L. WHITELAW, Attorney

Ranked No. 4 in Top 50 Trademark Attorneys in United States, by Trademark Insider®

2015, Named Top Trademark Firms in the United States

Recently named the Intellectual Property "Go-To Lawyer When Winning is a Must" by Gulfshore Life Magazine.

Listed for more than 20 years/Top Trademarking Firms in the United States

Ms. Whitelaw's practice is devoted exclusively to U.S., as well as foreign, 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 United States Supreme Court.  Ms Whitelaw is also admitted to 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 District Courts; Trial Bar for the Middle District of Florida

Member Florida Bar, American Bar Association; past or present member: 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); Past 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.

Martindale-Hubbell, Peer Review Rated, AV® Preeminent™, the highest rating given to attorneys

Lawyer of Year - Volunteer Lawyers for the Arts

Participated as lead trial counsel in numerous cases including numerous published decisions.

Industries: banking and financial, technology, biotechnology, genetics, pharmaceutical/nutraceutical industries, live plants, botanical genetics, gourmet and specialty food/beverage, luxury goods, toys and games, clothing and fashion industry, architecture, fine art, performing arts, television and radio, film production, internet, hotel and hospitality, medical and medical nutrition, consumer services.

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 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.
  • represents 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® 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 America'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.
  • Ms. Whitelaw was lead counsel in a seizure operation against counterfeit genetic living 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 product in U.S. history.

     

    RECENT MEDIA/PRESS

    CASE LIST

     

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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.
     

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    Trademarks · Unfair Competition  · Trade Secret · Copyright · Anti-counterfeiting and Anti-cyberpiracy · Litigation · Internet Law ·  Art & Entertainment

     

     

     

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