June 6, 2020

Emily A. Bayton

Emily helps clients protect and strengthen their intellectual property assets in the United States and internationally through comprehensive brand and marketing strategies. She has almost two decades of experience advising clients on trademark, copyright, rights of publicity, domain name, and advertising and social media matters. Emily has served as a trusted adviser to clients across various industries with a focus on the sports and outdoor recreation and consumer products and services industries.

Trademark Prosecution and Brand Protection

Emily provides comprehensive counsel to clients in trademark selection, clearance and prosecution. She analyzes trademark portfolios to ensure they have appropriate worldwide coverage and recommends strategies for strengthening brands in the marketplace. Her services often involve helping clients implement trademark enforcement programs to protect their brands.

Copyrights and Rights of Publicity

In addition to her branding expertise, Emily advises clients on a broad array of copyright and rights of publicity matters, including on multimedia clearance projects involving the negotiation of licenses to use third-party copyrighted works and third-party rights of publicity on products and in advertising. She also helps clients protect their copyrighted works through ‎registration and various enforcement actions. Emily has negotiated licenses between her ‎clients and various rights-holder organizations, including stock photography houses, merchandising firms, major motion picture studios and music rights organizations.

Intellectual Property Agreements and Transactions

Emily routinely drafts and negotiates a wide variety of intellectual property agreements, including licensing, consent/coexistence, independent contractor and other agreements, and provides counsel in support of mergers and acquisitions, joint venture and financing deals.

Enforcement/Litigation

On the litigation/enforcement front, Emily has represented clients in cases involving trademark infringement and dilution, copyright infringement, and cybersquatting. Her practice includes regularly representing clients in opposition and cancellation proceedings before the Trademark Trial and Appeal Board and domain name disputes under the Uniform Domain Name Dispute Resolution Policy.

Sports and Outdoor Recreation Industry Focus

Emily combines her love of sports and the great outdoors with her passion for intellectual property law through her representation of sports organizations, athletes, product manufacturers, and colleges and universities in a variety of intellectual property matters. She works to stay at the forefront of intellectual property issues pertinent to the sports and outdoor recreation world and routinely writes and speaks on the latest developments in these industries. She also attends industry trade shows and events in order to understand the issues and trends impacting these industries. Emily currently sits on the Denver Sports Commission, which is tasked with bringing high-profile sporting events to Colorado.

Articles in the National Law Review database by Emily A. Bayton

TRENDING LEGAL ANALYSIS