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 rocket science 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. While in law school Ed worked as many as 3 jobs at the same time to help pay for law school and support his family. Ed was also Editor-in-Chief of the International Law Journal and was selected to membership in Omicron Delta Kappa, a national honorary leadership and scholastic society. In addition, during law school Ed studied for and passed the federal patent bar examination to become a registered patent agent, which he converted to 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 offices in Naples and Sarasota 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.
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: Ed assists clients beyond the patent process by helping clients actually get their ideas and products to the marketplace and on the store shelf. That may be by submitting a client’s idea to companies for licensing and negotiating licenses 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. Ed is also experienced in handling opposition and cancellation proceedings before the United States Trademark Trial and Appeal Board. In addition, Ed negotiates and prepares trademark/servicemark licenses on behalf of his clients.
Copyrights Ed prepares and files 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. Ed is also experienced in negotiating copyright licenses.
Trade Secrets Ed is able to advise his clients 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
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. Registered Patent Attorney, 1978
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”
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
Edison Inventor’s Association, Member
Entrepreneur Society of Naples (ESON), Member
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 43 years, 3 children, 3 grandchildren
FRATERNITIES/SORORITIES
Omicron Delta Kappa
Beta Gamma Sigma
Sigma Alpha Epsilon