Gregory W. HerbertShareholder email@example.com
For over 30 years, Gregory Herbert, Co-Chair of the Orlando Litigation Group, has litigated and counseled clients in the areas of intellectual property law (copyright, trademark, trade dress, patent, trade secrets, false advertising, unfair competition, right of publicity), media/First Amendment law (defamation/libel/slander), Internet-related law, entertainment law and complex commercial litigation. Greg has been Board Certified as a specialist in Intellectual Property Law by the Florida Bar since 2009, a distinction held by fewer than 1% of Florida attorneys. Greg has broad trial experience, jury and non-jury, in state and federal court, having tried multimillion-dollar cases to verdict as lead trial counsel. Greg has also counseled entertainment clients, including documentary film production companies, on various intellectual property, media law, privacy and other issues related to film production and distribution. Greg was voted by his peers as "Lawyer of the Year" in the Intellectual Property Litigation practice area in the Orlando market for 2014 and 2019 and in the Patent practice area for 2016, 2018, and 2021, as noted in The Best Lawyers in America annual votes. Greg is also a Florida Supreme Court Certified Circuit Mediator.
Prior to joining Greenberg Traurig's Orlando office in 1996, Greg worked with a media and IP litigation firm in New York. Greg frequently lectures on IP and media law issues, has published several articles on those topics, and has taught Internet law as an Adjunct Professor at Barry University Law School. Several of Greg’s high-profile cases have been prominently featured in national business and legal media publications.
- Media Law, Defamation and First Amendment Litigation
- Intellectual Property Litigation (Copyright, Trademark, Trade Dress, Patent, Right of Publicity, Trade Secrets, Lanham Act False Advertising and Unfair Competition)
- Complex Commercial Litigation
- Wood v. Netflix, et al. (M.D. Fla. 2023): Defending defamation, libel per se, libel per quod, and related claims arising from documentary Who Killed Malcom X?
- Sklarov v. Bloomberg, Inc.; Bloomberg L.P. (Orange County Cir. Ct. 2023): Defended media organizations on libel and liber per se claims arising from news article reporting on federal trademark lawsuit against plaintiff, raising issues under fair report and substantial truth doctrines.
- Grossman v. Mayotte (Palm Beach County Cir. Ct. 2021): Defeated defamation claims arising from campaign literature filed against local political candidate, involving novel application of Florida’s Anti-SLAPP law, and fair report, opinion, and substantial truth defenses. Obtained Final Judgment in favor of political candidate.
- Ritter v. Sarasota Herald-Tribune (Sarasota County Cir. Ct. 2020): Defended and resolved libel claims against Sarasota newspaper and Pulitzer-prize winning reporters in high-profile, contentious defamation claim filed by former head of prominent local charity, arising from in-depth investigative reporting comprised of extended series of articles spanning several months, involving Complaint in excess of 1,000 pages alleging falsity of dozens of statements.
- Goodman v. Gannett (N.D. Fla. May 11, 2020): Obtained dismissal of claims based on newspaper’s alleged publication of plaintiff’s photo.
- McMillan v. McMillan (Seminole County Cir. Ct. 2019): Defeated libel and slander claims brought by famous animal trainer against celebrity animal trainer seeking to enjoin publication of memoir.
- Enigma Software v. Bleeping Computer (S.D.N.Y. 2016): Resolved defamation and related claims against computer security website arising from consumer reviews of Plaintiff’s product.
- Olsson v. Simon & Schuster, Inc. (M.D.Fla. 2014): Defeated defamation claims against Simon & Schuster related to bestseller The Expected One.
- SeaWorld Parks & Entertainment, LLC v. Orange County Sheriff's Office (Orange County Cir. Ct. 2010): Resolved high-profile claims related to government agency handling of video depicting death of animal trainer.
- Moore v. Fox Network (Orange County Cir. Ct., 2009): Defeated high-profile motion for TRO filed by college football fans seeking to compel Fox to renew re-broadcast agreement with cable network to air Sugar Bowl on New Year's Day.
- Palm Coast Travel v. Chris Elliott (Palm Beach County Cir. Ct. 2010): Defended nationally syndicated travel columnist/consumer advocate Chris Elliott against defamation and tortious interference claims based on investigative journalism on travel insurance practices.
- Warren Kremer Paino, LLP v. Dutson 34 Med. L. Rptr. 3 (D. Maine 2006): Defeated highly publicized lawsuit for defamation and related claims filed by Maine Office of Tourism ad agency against blogger based on advertisement parody critical of government agency.
- Viad Corp. v. McAvoy (Orange County Cir. Ct. 2001): Resolved online defamation action arising from alleged defamatory postings critical of plaintiff’s corporation on Internet message board.
- Noonan v. R.J. Reynolds Tobacco Co., 902 F. Supp. 298 (D. Mass. 1995): Defeated high-profile claims for defamation, invasion of privacy, and right of publicity against RJR’s ad agencies by alleged "Anti-Smoking Czar" of Boston public school system, arising from publication of photo in internationally circulated magazine ad.
- Larchmont Prof’l Firefighters Ass'n v. Gannett, 615 N.Y.S. 2d 73 (2d Dept. 1994): Defeated defamation claims by firefighters union against Gannett Suburban Newspapers arising from newspaper article critical of union policies.
- Represented Martha Beck, best-selling author and columnist for Oprah Winfrey's O Magazine, in connection with defamation and related claims arising from publication of her work concerning the Church of the Latter Day Saints.
- Represented international documentary film production companies on various intellectual property, media law, privacy and other issues related to film production and distribution.
- Caracol v. Telemundo (S.D. Fla. 2022): Won summary judgment on all counts of international copyright infringement case and order recommending fee award of over $1 million against plaintiff. See 2021 WL 243695 (S.D. Fla. Jan. 25, 2021) (granting summary judgment). Defeated preliminary injunction seeking to block Telemundo’s use of fictional TV character in popular telenovela, “El Señor de los Cielos.” See 2018 WL 6727305 (S.D. Fla. Dec. 20, 2018) (denying injunction). Summary judgment affirmed by 11th Circuit on appeal. See 2022 WL 202546 (11th Cir., Jan. 24, 2022) (affirming summary judgment). Report & Recommendation of $1 million fee award. (S.D. Fla. Aug. 4, 2022) (recommending fee award to Telemundo of $1,000,240).
- WrestleReunion v. Live Nation (M.D.Fla. 2009) (Tampa): Lead trial counsel in two-week, federal court jury trial. Defeated $22 million claim against publicly-traded concert promoter. Dismissed fraud-based claims pre-trial: 2008 WL 3048859 (M.D.Fla. 2008). Defense verdict affirmed: 2010 WL 3623171 (11th Cir. 2010).
- ADT v. Vivint Smart Home (S.D. Fla. 2020): defending publicly-traded home security company on federal Lanham Act false advertising, unfair competition, false association, trademark and related claims.
- CPI v. Vivint Smart Home (W.D.N.C. 2020): defending publicly-traded home security company on Lanham Act false advertising, unfair competition, trademark and related claims.
- PowerTec Solutions Int’l v. Precision Power, LLC, (M.D. Tenn. 2021): Defeated patent infringement, Lanham Act federal trade dress, false advertising and unfair competition claims against manufacturer based on product designs and packaging for multiple electronic goods.
- PowerTec Solutions Int’l v. Precision Power, LLC, 2020 U.S. Dist. LEXIS 44440 (S.D.Fla., March 12, 2020): Defeated Lanham Act federal trade dress, false advertising and unfair competition claims against manufacturer based on product designs and packaging for multiple electronic goods.
- Babcock v. Gannett (N.D. Ind. 2020): Defended Gannett newspapers in copyright infringement action based on use of celebrity photographs.
- O-Line v. NBC/Universal (C.D.Ca. 2017) (trademark): Defended NBC/Universal in high-profile trademark suit filed by NFL player over The Biggest Loser. Obtained transfer to CA, dismissal of trademark dilution count, and dismissal of related claim. See 2016 WL 2997587 (N.D. Ohio, May 25, 2016).
- LaTele v. Telemundo (S.D.Fla. 2015): Defending Telemundo in high-profile, international copyright claim based on telenovela. Obtained stay and fee awards against Plaintiff of over $535,000 for discovery misconduct. See 2014 WL 5816585 (S.D.Fla., Nov. 10, 2014) (awarding fees) (affirmed on appeal).
- Fitzgerald v. Universal (M.D.Fla. 2016) (TCPA): Defending Universal Pictures in putative class action over text marketing for film Warcraft.
- Celorio v. Google (N.D. Fla. 2013): Obtained summary judgment for Google, dismissing patent infringement claims relating to on-demand publishing technology, and Protective Order blocking deposition of Google's founders. 2013 WL 4536527 (N.D.Fla. 2013).
- George & Co. v. Spin Master (M.D.Fla. 2018): Defeated Motion for Preliminary Injunction; obtained dismissal of multiple trademark, contract, and related claims against publicly-traded Canadian toy companies in international trademark litigation. See 2018 WL 5268754 (M.D.Fla., September 13, 2018).
- Revere v. SeaWorld (M.D.Fla. 2011): Defeated purported $350 million, high-profile copyright/trade secret claims against SeaWorld, alleging appropriation of concepts, plans for theme parks, attractions and rides.
- D’Amato v. Orlando Solar Bears (M.D.Fla. 2015): Obtained dismissal and $220,000 fee award in high-profile trademark, copyright case based on pro sports team’s name, logo. See "Judge Ices TM Suit Against Hockey Team, Penalizes Accuser," Law360, Dec. 15, 2015. See 2015 WL 9266900 (M.D. Fla., December 14, 2015).
- Goswami v. Lennox Industries (Alachua Cir. Ct., 2008) (patent): Lead trial counsel. Obtained defense verdict after week-long trial for publicly-traded manufacturer, defeating inventor’s $20 million claim for royalties, involving novel patent royalty assignment issues.
- AssistRx v. Howell (M.D. Fla. 2020), (Orange Co. Cir. Ct. 2020): Obtained injunction against former employee’s use of trade secrets related to CRM custom software; defeated motion to dismiss parallel copyright litigation based on claim-splitting grounds.
- XOS/In re NCAA Litigation (M.D.Fla. 2012): Represented sports media company in connection with defense of student athlete class action involving cutting-edge right of publicity claims.
- Copyright Infringement Defense: (M.D.Fla. 2010) (copyright/music): Defended high-profile copyright infringement claims against major international theme park based on use of song in musical performances at park and scope of ASCAP license.
- Goforit Entertainment v. DigiMedia.com 513 F. Supp. 2d 1325 (M.D.Fla. 2007): Defeated cutting-edge cybersquatting, trademark claims for one of the world's largest domain name businesses. Case of first impression alleging use of Wildcard DNS search was cybersquatting. Obtained dismissal of all claims on jurisdictional grounds.
- Reusser v. Seidelman & Snowbird Films (S.D.Fla. 2007): Defended film and television director Susan Seidelman (Desperately Seeking Susan She-Devil Sex & the City) against trademark infringement claims based film Boynton Beach Club.
- Pinnacle v. Ingram Micro (AAA Arbitration, S.D.N.Y. 2011): Second-chaired trial, obtained award of more than $1 million in damages, plus attorneys' fees, on copyright, trademark and contract claims, against world's largest distributor of consumer electronics, Ingram Micro.
- Hedy Lamarr v. E. & J. Gallo Winery (M.D.Fla. 2000), aff'd, (11th Cir. 2001): Obtained summary judgment and fee award against estate of Hollywood legend Hedy Lamarr in $17.5 million, high-profile, right of publicity suit arising from use of her image in televised wine commercial.
- Tile World v. Miavana,: Defeated Preliminary Injunction in trademark infringement case for sugar wholesaler. See 2016 WL 370540 (M.D. Fla., January 26, 2016)
- Ecolab v. International Chemical (M.D.Fla. 2012): Resolved patent, trademark claims, after extensive litigation involving claims of false marking, inequitable conduct and indefiniteness.
- Grimsdale v. Sweetbay Supermarket 2011 Fla. App. LEXIS 18703 (Fla. 2nd DCA 2011): Defended consumer class action against Sweetbay arising from data security breach.
- Land Rover v. E2 Services (M.D.Fla. 2011): Obtained permanent injunction against infringement of manufacturer's famous marks and domain names, and against manipulation of Google and Yahoo! Local business listings.
- Skyventure Orlando, LLC v. Skyventure Mgt., LLC (M.D.Fla. 2009): Represented owners of indoor skydiving facilities on federal trademark, domain name and franchise law claims.
- Freid v. eBay (Orange Cir. Ct. 2008): Obtained dismissal of consumer fraud claim against eBay, based on §230 of the Communication Decency Act.
- Infinitrim v. SBMI (M.D. Fla. 2010)(Jacksonville Div.): Defeated claims alleging infringement of copyrighted website content.
- Island Stone N. Am. v. Gupta (M.D.Fla. 2017): Obtained permanent injunction and $104,000 fee award.
- Woodstock Ventures v. GateHouse Media (S.D.N.Y. 2014): Defended New York media company on trademark claims.
- CSA v. Dorsett (M.D.Fla. 2008): Obtained permanent injunction and attorneys' fees against former employee.
- mVisible Technologies, Inc. v. Mixxer, Inc. 2007 WL 809677 (S.D.Fla. 2007): Defended Mixxer, web-based provider of cell phone media downloads and other services, against federal trademark infringement claims.
- The Tribune Company Holdings, Inc. v. Times Publishing Co. (M.D.Fla. 2006): Defended The St. Petersburg Times, against trademark and cybersquatting litigation filed by The Tampa Tribune, concerning use of term tbt* Tampa Bay Times.
- Alu, Inc. v. Kupo Co., Ltd. (M.D.Fla. 2006): Obtained preliminary injunction and seizure order preventing display and sale of knock-off products at Convention Center.
- Fenton v. Gray (M.D.Fla. 2006): Defended hit songwriter Mark Gray from copyright infringement claims based on soundtrack.
- Aerosphere v. Esprit (M.D.Fla. 2006): Obtained permanent injunction on IP claims.
- Sun Protection Factory v. Tender 2005 WL 2484710 (M.D.Fla. 2005): Resolved trademark infringement suit.
- Gibson Guitar Corp. v. Piano Expo, Inc. 2005 WL 1676811 (M.D.Fla. 2005) (Antoon, J.): Obtained preliminary injunction for Gibson Guitar/Baldwin Piano, blocking publication of damaging and false advertisement by competitor.
- Singh v. Price Chopper (Orange Cir. Ct. 2003): Sole trial counsel, defended world’s largest wristband manufacturer on Lanham Act trademark, unfair competition, and keyword advertising claims filed by Canadian competitor, obtained defense verdict after two-week trial.
- Plastic Tubing Industries v. Atchley (Orange Cir. Ct. 1999): Lead trial counsel for plaintiff pipe manufacturer in patent ownership dispute with former officer. Obtained verdict declaring client sole owner of all patent rights after two-week trial.
- Board Certified, The Florida Bar, Intellectual Property Law, Board of Legal Specialization and Education, 2009-Present
- Florida Supreme Court Certified Circuit Mediator, 2022-Present
- Adjunct Professor, Barry University School of Law, Internet Law, 2008-2009
Recognition & Leadership
- Listed, The Legal 500 United States, Media, technology and telecoms > Media and Entertainment: Litigation, "Other Key Lawyer," 2023
- Listed, The Best Lawyers in America, Litigation - Intellectual Property; Litigation - Patent; Media Law, 2010-2023
- "Lawyer of the Year," Litigation - Patent, Orlando, 2016, 2018, and 2021
- "Lawyer of the Year," Litigation - Intellectual Property, Orlando, 2014 and 2019
- Listed, Orlando magazine, "The Best Lawyers in Orlando," 2010-2020
- Listed, Super Lawyers magazine, Florida Super Lawyers, 2013-2022
- Listed, Florida Trend magazine, "Legal Elite," 2014 and 2019
- Team Member, a Law360 "Employment Practice Group of the Year," 2011 & 2013
- Rated, AV Preeminent® 4.9 out of 5.0
°AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.
- Mentor, Leadership Council on Legal Diversity
- Success in Law School Mentoring Program
- Member, Florida Bar Association
- Member, Media Law Committee
- Member, Business Law Section, Intellectual Property Law Committee
- Member, American Bar Association Forum on Communications Law
- Member, First Amendment Foundation
- Member, Habitat for Humanity of Greater Orlando, Family Selection Committee
- Member, Orange County Bar Association, Intellectual Property Law Committee
- Member, Orange County Bar Association, Guardian Ad Litem Program (at least two cases per year)
J.D., Harvard Law School, 1990
- Editor, Harvard Environmental Law Review
- Co-Editor-in-Chief, Harvard Law Record
- B.A., Business, English, with honors, Florida State University, 1986
- New York