Emily A. Bayton

Partner

Overview

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.

Previous Experience

Prior to joining the firm, Emily was a partner in the intellectual property group at Lewis Roca Rothgerber Christie, where she practiced for 17 years. While at Lewis Roca, she served as co-chair of the intellectual property group and was elected to the firm’s management board.

Personal Interests

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

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

  • Famous Trademarks
    Co-Presenter, Rocky Mountain IP Institute, May 2019 
  • 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
  • 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, 2004-12

Civic Activities

  • Denver Sports Commission

Honors

  • Best Lawyers® — Copyright Law, 2016-21
  • World Trademark Review — World’s Leading Trademark Professionals (Colorado), 2016-19
  • Southwest Super Lawyers — Rising Star, Intellectual Property, 2013-16
  • AZ Business Magazine — Top Lawyers, 2010-11
  • AZ Business Leaders — Intellectual Property Law, 2015

Awards Methodology


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