Overview

Emily Bayton helps clients grow, protect and defend their intellectual property assets — and strengthen their brands — in the United States and internationally. She has more than 15 years of experience advising clients on trademark, copyright, trade secrets and rights of publicity matters. Emily has served as a trusted IP advisor to clients in various industries, including sports, education, consumer goods and services, and many others.

Trademark Registration & Prosecution

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

Among other documents, Emily reviews, drafts and negotiates:

  • Trademark licenses
  • Sponsorship and endorsement agreements
  • Consent/co-existence agreements
  • Consulting agreements

IP Litigation

Emily represents clients in cases involving trademark infringement and dilution, copyright infringement, trade secret misappropriation, unfair competition and cybersquatting. She has represented many clients in cases before the Trademark Trial and Appeal Board (TTAB).

Sports IP

Emily combines her love for sports — outside of work, you’ll likely find her playing sports, watching sports or agonizing over fantasy football — with her passion for intellectual property law. She helps sports organizations, teams, athletes and manufacturers protect and defend their brands and other IP rights. She works to stay at the forefront of intellectual property issues pertinent to the sports world and routinely writes and presents on the latest developments in this space.

Personal Interests

Emily is an avid sports fan who loves the great outdoors and has a passion for hiking and trail running.

Credentials

Bar Admissions

Arizona
Colorado

Court Admissions

U.S. District Court for the District of Arizona

Education

University of Iowa College of Law
J.D. (2002)

University of Iowa
B.B.A. with honors (1999)

Insights & Events

Other Perspectives

Published Articles

  • Trademark Laws: Arizona
    Author, Practical Law, May 31, 2017
  • New gTLDs: ICANN Trademark Clearinghouse Goes Live
    Co-author, March 27, 2013
  • Domain Dynasty: The Ongoing Battle Over Presence on the World Wide Web
    Author, Sports Litigation Alert, February 8, 2013

Presentations

  • Fair Use and Online Educational Materials
    Presenter, Kramer Copyright Conference, June 6-7, 2016
  • Perils of Settling Trademark Disputes (Naked Licensing)
    Co-presenter, Rocky Mountain Intellectual Property and Technology Institute, June 3, 2016
  • Understanding Intellectual Property, Warranties and Liability Waivers
    Co-presenter, Colorado Mountain College, March 25, 2016
  • Rocky Mountain IP Institute — Trademarks & Acquisitions
    Speaker, May 2015
  • Common Licensing Mistakes
    Presenter, April 2014
  • Copyrights: A Workshop on Protecting Your Designs
    Presenter, July 2013

Leadership & Community

Professional Associations

  • International Trademark Association INTA — Member
  • State Bar of Arizona Trademark Reform Committee — Former Member
  • Arizona Women Lawyers Association — Former Member
  • American Bar Association Intellectual Property and Technology Practice Section — Former Member of Dilution Subcommittee
  • Intellectual Property Section State Bar of Arizona, Chair and Officer, 2004-2012

Civic Activities

  • Denver Sports Commission, Member

Honors

  • The Best Lawyers in America — Copyright Law, 2016-20
  • World Trademark Review — World’s Leading Trademark Professionals (Colorado), 2016-17
  • Southwest Super Lawyers — Rising Star, Intellectual Property, 2013-16
  • AZ Business Magazine — Top Lawyers, 2010-11
  • AZ Business Leaders — Intellectual Property Law, 2015

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