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Gregory W. Herbert

For over 25 years, Gregory Herbert, Co-Chair of the Orlando Litigation Group, has litigated and counseled clients in the areas of intellectual property law (i.e., copyright, trademark, trade dress, patent, trade secrets, and right of publicity), media/First Amendment law, 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 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 and 2018, as noted in The Best Lawyers in America annual votes.

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.

Concentrations

  • Intellectual Property Litigation (Copyright, Trademark, Trade Dress, Patent, Right of Publicity, Trade Secrets)
  • Media Law, Defamation and First Amendment Litigation
  • Complex Commercial Litigation

Capabilities

Experience

  • Caracol v. Telemundo: Defeated Plaintiff’s Motion for Preliminary Injunction seeking to enjoin Telemundo’s use of particular television character in popular telenovela in international copyright infringement case. See 2018 WL 6727305 (S.D. Fla. Dec. 20, 2018).
  • 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).
  • 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).
  • 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).
  • 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).
  • 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.
  • 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.
  • 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.
  • Instabook Corp. v. InstantPublisher.com 469 F.Supp.2d 1120, (M.D.Fla. 2006) (Antoon, J.): Defeated patent infringement claim against publisher, in one of first rulings within Eleventh Circuit to dismiss due to jurisdiction clause in website "Terms of Use."
  • 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.
  • Plastic Tubing Industries v. Atchley (Orange Cir. Ct. 1999): Lead trial counsel. Obtained defense verdict patent ownership declaration in patent rights/fiduciary duty dispute between manufacturer and its former officer.
  • McMillan v. McMillan (Seminole Cir. Ct. 2019):  Defeated libel and slander claims brought by world famous animal trainer against celebrity animal trainer in Hollywood, seeking to enjoin publication of memoir.
  • Grossman v. Mayotte (Palm Beach Cir. Ct. 2018): Defending City Councilwoman in high-profile defamation claim over campaign literature.
  • Ritter v. Sarasota Herald-Tribune (Sarasota Circuit Ct.)(2016): Defending Pulitzer-prize winning journalists in high-profile defamation case by former head of charity.
  • SeaWorld Parks & Entertainment, LLC v. OSHA (M.D.Fla. 2012): Represented SeaWorld in action against federal agencies, seeking to enjoin dissemination of graphic video depicting death of orca trainer.
  • SeaWorld Parks & Entertainment, LLC v. Orange County Sheriff's Office (Orange Cir. Ct. 2010) (public records/copyright): Obtained temporary and permanent injunctions prohibiting media publication of graphic videos and photos depicting death of orca trainer.
  • Moore v. Fox Network (Orange 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.
  • 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 ad agencies, Lintas and Interpublic, by alleged "Anti-Smoking Czar" of Boston public school system, arising from publication of his photo in internationally circulated magazine ad.
  • Enigma Software v. Bleeping Computer (S.D.N.Y. 2016): Defending computer security website against defamation and Lanham Act claims based on consumer reviews of Plaintiff’s product.
  • Olsson v. Simon & Schuster, Inc. (M.D.Fla. 2014)(libel): Defeated defamation claims against Simon & Schuster related to bestseller The Expected One.
  • Palm Coast Travel v. Chris Elliott (Palm Beach 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): Represented blogger in defense of highly publicized lawsuit alleging copyright infringement and defamation based on ad parody.
  • Represented Martha Beck, New York Times best-selling author of Expecting AdamLeaving the Saints, and The Joy Diet, and columnist for Oprah Winfrey's O Magazine, in connection with media law issues concerning the publication of her work. 
  • Larchmont Professional Firefighters Ass'n v. Gannett, 615 N.Y.S. 2d 73 (2d Dept. 1994): Defeated defamation claim by firefighters union against Gannett Suburban Newspapers arising from newspaper article critical of union policies.
  • Viad Corp. v. McAvoy (Orange Cir. Ct. 2001): Resolved alleged "cybersmearing" internet defamation action arising from alleged defamatory postings on Internet message board.
  • Defeated numerous libel/slander/defamation actions against newspapers, radio stations, magazine and book publishers.
  • Performed pre-publication/pre-broadcast review and "libel reads" of content for major television network and national publishing house.
  • Adjunct Professor, Barry University School of Law, Internet Law, 2008-2009
  • Board Certified, The Florida Bar, Intellectual Property Law, Board of Legal Specialization and Education
 

Recognition & Leadership

  • Listed, The Best Lawyers in America, Litigation - Intellectual Property; Litigation - Patent; Media Law, 2010-2020
    • "Lawyer of the Year," Litigation - Intellectual Property, Orlando, 2014 and 2019
    • "Lawyer of the Year," Litigation - Patent, Orlando, 2016 and 2018
  • Listed, Super Lawyers magazine, Florida Super Lawyers, 2013-2019
  • Listed, Florida Trend magazine, "Legal Elite," 2014 and 2019
  • Listed, Orlando magazine, "The Best Lawyers in Orlando," 2010, 2013, 2016-2017
  • Team Member, a Law360 "Employment Practice Group of the Year," 2011 & 2013
  • Listed, The Legal 500 United States, Intellectual Property Litigation - Copyright: National, 2007
  • Rated, AV Preeminent® 4.9 out of 5

°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 
  • Member, Florida Bar Association, Media Law Committee
  • Member, American Bar Association Forum on Communications Law 
  • 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)

Credentials

Education
  • 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
Admissions
  • Florida
  • New York