Himmelrich, Ned T.

Named Baltimore's 2021 “Lawyer of the Year” in Trademark Law by Best Lawyers.

A good lawyer is creative: there is always a solution, or a variety of options or clever ways to present.

Ned heads Gordon Feinblatt's Technology & Intellectual Property practice group and is a member in the firm's Business Law and EMERGE practices. He concentrates his practice on intellectual property, internet, computer, advertising and business law matters. His work encompasses the protection, acquisition, registration, use and licensing of trademarks, copyrights, and computer hardware and software, both nationally and internationally. Ned also counsels in the areas of advertising, social media, cloud computing, data privacy, electronic commerce, multimedia law, patent licensing, trade secret protection, publishing, entertainment and franchises. His commercial experience includes transactional and advisory work. Ned is also involved in litigating in all of these areas, including cases to combat or defend trademark and copyright infringement actions in federal court and intricate cases regarding registration in the U.S. Patent and Trademark Office (USPTO).

Ned “wrote the book” — twice — on trademark law for Maryland lawyers. He authored the chapter on federal and state trademark law for the Maryland State Bar Association's (MSBA) Intellectual Property Handbook for Maryland Business and Litigation Lawyers published in June 2013 and the second edition in 2019.

Ned was named by Best Lawyers in America^® as the 2021 Baltimore "Lawyer of the Year" in Trademark Law. He has been named “Lawyer of the Year" multiple times for Trademark Law and Copyright Law, and has also been named “Lawyer of the Year" for Information Technology Law and Technology Law. He has been listed in the Best Lawyers in America^® for Intellectual Property Law since 2005; for Information Technology, Trademark, Copyright and Technology Law since 2012; and for Trade Secrets Law since 2016. Ned was listed in "Who's Who in Intellectual Property Law" in the December 2000 Baltimore Business Journal. Ned was selected as one of Baltimore's 30 best lawyers in the November 1998 issue of Baltimore magazine.

Ned is past Chair of and is active in the MSBA's Intellectual Property Section. He has written numerous articles and often provides analysis for local publications, television and radio on issues involving intellectual property. He is a regular lecturer on intellectual property matters.

Ned has been publishing his IP Techknowledgy blog since 2017.

Representative Matters

Counsel clients in various industries in developing national trademark and branding strategy — clearing trademark, among many options.

Helped client design new logo to be less likely to infringe on other trademarks.

Negotiated license agreement for right of publicity and trademark rights for rollout of brand using celebrity’s name and likeness.

Developed and negotiated trademark licensing agreements for clients in various industries.

Developed Brand Ambassador Agreement.

Halted trademark infringement by a third party’s product line on client’s national product line.

Halted trademark infringers from using clients’ names and logos.

Successfully defended clients against trademark infringement claims.

Forced cyber squatters to assign to clients improperly acquired domain names.

Obtained judgment in domain name arbitration resulting in adversary being deemed a reverse domain name hijacker.

Various successful arguments against U.S. Patent and Trademark Office (USPTO) to overcome initial denial of intricate trademark registration matter.

Oversee and maintain clients’ extensive trademark registration portfolios.

Strategized and implemented plan for client to obtain trademark registration despite USPTO initially citing numerous third-party blocking marks.

Coordinated clients’ registration of trademark worldwide.

Serve as counsel to non-U.S. entities seeking trademark registration in the United States.

Cancelled third-party trademark registration blocking clients’ paths to registration.

Counseled client in dispute over franchisor violating the terms of franchise agreement.

Negotiated settlement of federal copyright case involving use of client’s articles and photographs.

Enforced contract requiring adversary to pay for excess designing and development work and enforcing copyrights.

Halted infringer from using client’s form of letter of recommendation.

Successfully defended client in copyright infringement case asserting company improperly installed too many copies of software.

Counseled clients in protection of photographs in publishing and online.

Drafted license agreement and negotiated copyright ownership of extensive video library used online.

Licensed client's literary estate for others to use in various works and media.

Developed and negotiated extensive internet advertising program and agreement.

Developed marketing plan and corporate guidelines for online advertising, blogging, promotional statements and endorsements in light of- Federal Trade Commission guidelines.

Developed series of privacy policies for client needing different focus for each different type of user.

Developed Master Services Agreements and Statements of Work for data analytics providers and software developers.

Negotiated complex series of licenses for software and website operations.

Created and negotiated Software as a Service agreements (SaaS) for clients’ operations.

Negotiated license and implementation of institution's operational software systems.

Developed suite of forms for clients, including End-User License Agreement, Terms of Service and Service Level Agreement, for clients’ software development business.

Formulated structure and created all documents for clients’ new businesses of creating and licensing app, database and analytical service.

Negotiated complex licenses of database to allow for use in clients’ customized software application.

Negotiated complex trade secret license agreement for manufacturing process.

Negotiated the transfer of databases and related assets to client from client’s former employer.

Resolve intellectual property discrepancies and disputes that arise in mergers, acquisitions and other business transactions.

General business advice to local private schools and businesses.

Honors

AV Preeminent^™ rating in Martindale-Hubbell^®

Named to Band 1 of Intellectual Property by Chambers USA^© since 2018

Recipient, Leadership in Law Award, The Daily Record, 2018

Named Baltimore "Lawyer of the Year" in Trademark Law by Best Lawyers in America^®, 2016 and 2021

Named Baltimore "Lawyer of the Year" in Copyright Law by Best Lawyers in America^®, 2013, 2019 and 2022

Named Baltimore "Lawyer of the Year" in Information Technology Law by Best Lawyers in America^®, 2017

Named to Baltimore "Lawyer of the Year" in Technology Law by Best Lawyers in America^®, 2014

Named to The Best Lawyers in America^® for Copyright Law, Information Technology Law, Technology Law, Trade Secrets Law and Trademark Law since 2005

Selected to Maryland Super Lawyers^® list for Intellectual Property and Business/Corporate, 2007-2009 and since 2012

Professional and Civic Involvement

Chairman, Maryland State Bar Association, Intellectual Property Committee, Business Section, 1992-1994

Council Member, Maryland State Bar Association, Intellectual Property Section, 2007-2017

Member, American Bar Association

Member, International Trademark Association

Director, Baltimore City Bar Library, 1995-2010

Graduate, Greater Baltimore Committee Leadership Program, 2007

President, ACHARAI: Shoshana S. Cardin Jewish Leadership Institute, 2019-present; Board Member, 2006-2012, 2017-present

Board Member, Na’aleh: The Hub for Leadership Learning, Associated: Jewish Community Federation of Baltimore, 2018-present

Board Member, The Darrell D. Friedman Institute for Professional Development, 2012-2017

Co-Chair, Teen Engagement Task Force of the Associated: Jewish Community Federation of Baltimore, 2013-2016

Board Member, Red Cross Holocaust and War Victims Tracing Center, 2006-2013

Co-Chairman, Learning Commission of the Associated: Jewish Community Federation of Baltimore, 2009-2012

President, Center for Jewish Education, 2003-2005

Publications and Lectures

Links

Twitter
LinkedIn
IP Tech Knowledgy

Education

J.D., University of Maryland Francis King Carey School of Law, 1986
A.B., Bowdoin College, 1983

Court Admissions

U.S. District Court for the District of Maryland

Bar Admissions

Maryland, 1986

Ned T. Himmelrich, Member

Contact

Teams