Edward M. Livingston

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Edward M. Livingston is the founder of the firm and is a Registered U.S. Patent Attorney with more than 35 years of experience in patent law and other areas of intellectual property law, including trademarks/servicemarks, trade dress, trade secrets, copyrights, franchising and litigation. In addition, Ed is Board Certified by The Florida Bar in intellectual property law.

Ed was raised in Massachusetts as the eldest of 13 children during the period of time when man launched the first satellite into space. Accordingly, it was not surprising that Ed would study aerospace engineering at The University of Massachusetts Amherst from which he graduated with a Bachelor of Science in Aerospace Engineering with an emphasis on Mechanical, Civil, Electrical and Chemical Engineering. After graduation, Ed worked for Pratt & Whitney Aircraft on the space shuttle engine program before entering the United States Air Force in which he served his country as a Nuclear Missile Launch Officer stationed at F.E. Warren Air Force Base in Cheyenne, Wyoming. During his duty in the Air Force Ed earned a Masters of Business Administration from the University of Wyoming.

After serving in the Air Force for five years, Ed left active duty to attend law school at the University of Miami in Florida. Ed was Editor-in-Chief of the International Law Journal and was selected to membership in Omicron Delta Kappa, a national honorary leadership and scholastic society. During law school Ed studied for and passed the federal patent bar examination to become a Registered patent agent, which he converted to Registered patent attorney upon graduating from law school and passing the Florida Bar examination.

After graduation from law school Ed worked as an associate attorney for law firms in Miami and Orlando handling not only patent and other intellectual property matters, but also business, real estate and bankruptcy law matters. In 1981 while in Orlando, Ed started his own law firm and maintained offices in the Orlando area for 25 years before opening an office in Naples where he now practices law at Livingston Loeffler.

During his practice of law, Ed has obtained numerous patents in complex areas of technology, including but not limited to medical devices, golfing, computer software, sports, jewelry, plants, tools, machinery, golf, nano technology, novelty items, agriculture, farm equipment, pet related items, and business methods. He has also represented inventors and defended others in patent infringement lawsuits as well as acted as an expert witness in such cases. In addition, Ed has obtained trademarks and servicemarks for clients’ products and businesses, as well as enforced such rights in court, even against the world’s largest retailer. He has guided clients in the expansion of their businesses through licensing and franchising. Ed has also obtained copyrights for clients for books, music, jewelry, house plans and so forth and enforced such rights in court.

Outside the law, Ed has devoted time to his favorite charities that help children and animals. Ed has been involved in coaching youth baseball, Boy Scouts and other organizations. He and his firm have also served as a Guardian ad Litem and provided pro bono services to the Boys and Girl’s Club and Freedom Waters Foundation, a charity benefiting disabled and disadvantaged children. In addition, Ed served as a Judge Advocate General (JAG) in the U.S. Air Force Reserve and retired as a Lieutenant Coronel. Ed is currently a member and President-Elect of the Naples Pelican Bay Rotary.

PRACTICE AREAS

Patents: Ed is experienced in all aspects of patent prosecution including performing patentability searches and rendering opinions as to the availability of patent protection for inventions, preparing and filing patent applications as well as prosecuting patent applications before the United States Patent and Trademark Office. Ed also negotiates and prepares patent licensing agreements and renders legal opinions regarding patent infringement and patent validity. Some of the areas in which Ed has prepared and prosecuted patent applications include but are not limited to telecommunications, power saving devices, arts and crafts, boating, fishing, golfing, plants, construction, computer software, medical devices, diesel mechanics, environmental clean-up and business methods.

Licensing & Marketing: With his MBA degree, Ed can assist clients beyond the patent process by helping clients actually get their ideas and products to the marketplace and on the store shelf. This is a accomplished through licensing and negotiating on the client’s behalf or by assisting clients in dealing with third parties such as manufacturers, designers, website developers, etc. to ensure that the client is protected every step of the way.

Trademarks/Servicemarks Ed is experienced in all aspects of the trademarking/servicemarking process including performing trademark/servicemark searches and rendering opinions as to whether trademark/servicemark protection is available for a mark as well as filing and prosecuting federal, State of Florida and international trademark/servicemark applications. He is also experienced in handling opposition and cancellation proceedings before the United States Trademark Trial and Appeal Board. He also negotiates and prepares trademark/servicemark licenses on behalf of his clients.

Copyrights Ed has prepared and filed numerous copyright applications for his clients in a variety of areas including building designs, artwork, manuscripts, websites, artwork, jewelry, musical works, movies, and computer software and is well versed in the laws regarding copyright infringement.

Trade Secrets Ed advises his clients on how to protect trade secrets, which include client lists, formulas, devices, and so forth which are confidential and not generally known to the public or are not subject to protection under patent law.

Domain Name Disputes Ed can assist clients with domain name disputes under the rules promulgated by the Internet Corporation for Assigned Names and Numbers (ICANN).

Franchising Ed assists his clients in the growth and expansion of their businesses into new territories through franchising. Ed is knowledgeable in the laws of franchise which are governed by the Federal Trade Commission as well as by the individual states.

Intellectual Property Litigation Ed is available to assist his clients in all aspects of intellectual property litigation and has previously handled litigation matters involving patent infringement, trademark/servicemark infringement, copyright infringement and theft of trade secrets.

CERTIFIED LEGAL SPECIALTIES

Board Certified in Intellectual Property Law

BAR ADMISSIONS

United States Patent and Trademark Office, 1977
Florida, 1978
U.S. District Court Middle District of Florida
U.S. District Court Southern District of Florida
U.S. District Court Northern District of Florida
U.S. Court of Appeals 11th Circuit
U.S. Court of Appeals Federal Circuit
U.S. Tax Court
U.S. Court of Military Appeals

EDUCATION

University of Miami School of Law, Coral Gables, Florida

J.D. – 1978
Honors: Omicron Delta Kappa – Honorary Leadership Society
Law Journal: Lawyer of the Americas, International Law Journal, Editor-in-Chief, 1977-1978

University of Wyoming, Laramie, Wyoming

M.B.A. (Magna Cum Laude) – 1974
Honors: Beta Gamma Sigma – Honorary Scholastic Business Society

University of Massachusetts, Amherst, Massachusetts

B.S. – 1970
Major: Mechanical and Aerospace Engineering

PUBLISHED WORKS

Contributor, Protecting Patent Rights of Employers, Prentice Hall Law & Business, 1983

HONORS AND AWARDS

Selected for “Special Tribute to America’s Best Lawyers”
(Listen to interview)

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS

Collier County Bar Association, Member
Lee County Bar Association, Member
American Intellectual Property Law Association (AIPLA), Member
Naples Chamber of Commerce, Member
Thomas S. Biggs American Inns of Court, Member
Naples Pelican Bay Rotary, Director & Officer “currently President-Elect”
Entrepreneur Society of America (ESOA), Founder/Director
Small Business Resource Network (SBRN), Member

MILITARY BACKGROUND

United States Air Force, Active Duty Nuclear Missile Launch Officer
United States Air Force, Reserves Judge Advocate General (JAG)
United States Air Force, Retired, Lieutenant Colonel

PERSONAL

Licensed Airplane Pilot
PADI Certified Diver
Black Belt in Tae Kwon Do
Married 44 years, 3 children, 3 grandchildren

FRATERNITIES/SORORITIES

Omicron Delta Kappa National Leadership Honor Society
Beta Gamma Sigma Business Academic Honor Society
Sigma Alpha Epsilon Social Fraternity