Ned T. Himmelrich, Member
A good lawyer is creative: there is always a solution, or a variety of options or clever ways to present.
Named Baltimore's 2023 “Lawyer of the Year” in Information Technology by Best Lawyers.
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.
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.
AV Preeminent™ rating in Martindale-Hubbell®
Named Baltimore "Lawyer of the Year" in Information Technology Law by Best Lawyers in America®, 2017 and 2023
Named Leading Author in the Lexology Legal Influencers for Intellectual Property, Q2 2022
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 to Baltimore "Lawyer of the Year" in Technology Law by Best Lawyers in America®, 2014
Named to TheBest 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
- Four Gordon Feinblatt Attorneys Named 2023 Baltimore 'Lawyer of the Year' by Best Lawyers in America®
- 26 Gordon Feinblatt Lawyers Named Best Lawyers in America® 2023
- Gordon Feinblatt Awarded Top Rankings in Chambers USA 2022
- Part II: How and Why Should I Keep Track of my NFT Transactions?
- 17 Gordon Feinblatt Attorneys Named to 2022 Super Lawyers® List and 9 as Rising Stars
- 25 Gordon Feinblatt Lawyers Named Best Lawyers in America® 2022
- Four Gordon Feinblatt Attorneys Named 2022 Baltimore 'Lawyer of the Year' by Best Lawyers in America®
- Reminders Not to Misuse Intellectual Property May Help Avoid Liability or Reduce Damages
- Gordon Feinblatt Awarded Top Rankings in Chambers USA 2021
- 17 Gordon Feinblatt Attorneys Named to 2021 Super Lawyers® List and 7 as Rising Stars
- Foreign-filed Trademark Applications May Not Be as Broad as They Appear
- Don’t Let a Strong Trademark Argument Help Your Future Adversary
- 24 Gordon Feinblatt Lawyers Named Best Lawyers in America® 2021
- Five Gordon Feinblatt Attorneys Named 2021 Baltimore 'Lawyer of the Year' by Best Lawyers in America®
- Gordon Feinblatt Awarded Top Rankings in Chambers USA 2020
- 24 Gordon Feinblatt Lawyers Named Best Lawyers in America® 2020
- Gordon Feinblatt Awarded Top Rankings in Chambers USA 2019
- 22 Gordon Feinblatt Attorneys Named to 2019 Super Lawyers®
- Gordon Feinblatt Forms EMERGE Team
- Four Gordon Feinblatt Attorneys Named 2019 Baltimore "Lawyers of the Year" by Best Lawyers in America®
- 24 Gordon Feinblatt Lawyers Named Best Lawyers in America® 2019
- Gordon Feinblatt Awarded Top Rankings in Chambers USA 2018
- 24 Gordon Feinblatt Attorneys Named to 2018 Super Lawyers
- 25 Gordon Feinblatt Lawyers Named to Best Lawyers in America 2018
- Gordon Feinblatt Awarded Top Rankings in Chambers USA 2017
- 23 Gordon Feinblatt Attorneys Named to 2017 Super Lawyers
- Ned Himmelrich Named 2017 Baltimore Information Technology "Lawyer of the Year" by Best Lawyers In America®
- 25 Gordon Feinblatt Lawyers Named Best Lawyers in America 2017
- Ned Himmelrich Named 2016 Baltimore Trademark "Lawyer of the Year" by Best Lawyers In America®
- 28 Gordon Feinblatt Lawyers Named Best Lawyers in America 2016
- 26 Gordon Feinblatt Attorneys Named Best Lawyers in America 2014
- 22 Gordon Feinblatt Attorneys Named 2014 Maryland Super Lawyers
- Ned T. Himmelrich Named 2013 Baltimore Copyright Law "Lawyer of the Year" by Best Lawyers In America®
- 27 Gordon Feinblatt Lawyers Named As Best Lawyers in America 2013
- 24 Gordon Feinblatt Lawyers Named as Best Lawyers in America 2012
- 20 Gordon Feinblatt Lawyers Named as Best Lawyers in America 2011
- 19 Gordon Feinblatt Lawyers Named to Maryland's 2009 Super Lawyers and 3 Named to Maryland's "Rising Stars"
- Seventeen Gordon Feinblatt Lawyers Named to Best Lawyers in America 2009
- Fifteen Gordon Feinblatt Lawyers Named to 2008 Best Lawyers in America
- GFR Lawyers Chosen for Super Lawyers 2007
- Thirteen Gordon Feinblatt Lawyers Named Best Lawyers in America
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
- SCOTUS, in Warhol Case, Refocuses Copyright Fair Use Analysis
- SCOTUS Saves the Internet
- Threaten Trademark Infringement Only If Certain You Are First User
- Terms Embedded Via Hyperlink Are Enforceable
- Watch for Scams to Renew Your Trademark
- Be Broad in Defining “Confidential Information”
- SCOTUS May Not Break the Internet, Yet
- Maryland Legal Alert - February 2023
- Make Archival Copies of Software; The Law Usually Allows It
- Copyright in A.I. and A.I. on Copyright: The Law and What A.I. Declares
- Don't Go Offsides Using Your Sport's Team's Branding
- You May Not Own the Copyright in Photos of Yourself
- Descriptive Words in Intent-to-Use Trademark Applications May Impair Your Priority Date
- Software Development Agreements Should Parse Who Owns Which Rights
- Copyright Protects the Expression, Not the Idea
- Corporate Names are Irrelevant, and Relevant, to Trademarks
- Maryland Legal Alert - October 2022
- Trademark Application Response Time Shortened to Three Months
- When Receiving a Software License and Maintenance from Different Entities, Get Needed Rights from Each
- Consider the Duration of Confidentiality Agreements
- The Copyright Small Claims Court Is Open for Business, With Its Pros, Cons, Nuances – and Trolls
- False Advertising May Apply to Narrowly Distributed Statements
- Online Agreements Should Provide for Revisions to be Adopted Automatically
- Understand the © ® ℗ about ™ ℠ and IP Notices
- Slight Brand Changes May Jeopardize Trademark Registrations
- A Freedom to Operate Analysis Provides Comfort That a Patent Does Not Grant
- Copyrights Exist Immediately at Creation
- Federal Trademark Registration Is Not Necessary, but Very Helpful
- Representations and Warranties Should Bolster the Qualities of the Intellectual Property
- Gordon Feinblatt’s COVID-19 Information Hub
- Reminder: Obtain Rights Before Posting Photos
- Moderators of Social Media Groups Have Some Immunity from Liability
- Maryland Legal Alert - March 2022
- Don’t Mutilate Your Trademark
- NFT Agreements Require Specific Terms
- Know if Someone Else Will Own the Copyright in What Your Freelance Writer Creates
- Maryland Legal Alert - January 2022
- Use a Link to Another’s Website; Do Not Copy Its Material
- Consider When It’s Time to Modify, Not Just Renew, a Tech Agreement
- Use of Someone’s Right of Publicity Should Last Forever
- Using Another’s Brand with a #Hashtag Could Be Infringing
- Address the Different Legal Relationships When Developing Apps
- Dividing Copyrights Can Be Intricate — and Necessary
- Trademark Licenses Among Affiliates Keep the Brand Strong
- Master Service Agreements Provide Standard Terms for Ongoing Relationships
- Use Trademark’s Magic Words: Assignments Must Include ‘Goodwill;’ Licenses Must Include ‘Quality Control’
- Constant Vigilance Needed to Keep Trade Secrets
- A Copy of Dr. Seuss Was Not a Copyright Fair Use
- College Athletes Beat NCAA at Supreme Court 9-NIL, Allowing Endorsements
- Maryland Laws Update 2021
- Reverse Domain Name Hijacking Can Lead to Liability
- SCOTUS Narrows Computer Misuse Statute
- Supreme Court Expands Ability to Copy Underlying Software
- Even Open Source Software Requires Users to Follow Guidelines
- New Laws Enacted for Removing Old Trademark Registrations
- Descriptive and Surname Trademarks Can Earn Protection Over Time
- Adhere to CAN-SPAM for Email Newsletters and Promotions
- Using ‘Super Bowl’ Might Not Be an Infringement, But Will Be a Fight
- Divide a Trademark Application That Faces Partial Trouble
- Don’t Get Penalized for Misusing Sports Teams’ Logos and Players’ Likenesses
- A Copy of Dr. Seuss Was Not a Copyright Fair Use
- Address Ownership and Use of Intellectual Property Rights in a Joint Venture
- Relating to Real Estate - November 2020
- Comparative Advertising Allows Using Another’s Brand
- Look Closely at Patent Assignments
- Stop Typosquatters From Harming Your Domain Name
- Letters of Protest Help Challenge Trademark Applications
- Acquire Social Media Accounts and Other Digital Assets in Asset Transactions
- Intellectual Property Protection Does Not Always Require Registration
- Register Trademark Words Apart from a Logo
- Data Fabric
- Plan for Proper Disposition of Your Literary Estate, as Did Dorothy Parker
- Work Made for Hire — A Misunderstood Copyright Concept
- Software Developers Should Register Copyrights
- ‘Natural Zone of Expansion’ Broadens Trademark Rights
- Abide by License Terms of Royalty-Free Clip Art
- A Sole License and an Exclusive License Are Not the Same
- Maryland Laws Update 2020
- Consumer Perception of Trademarks is Key to Supreme Court Ruling on Booking.com
- Apps and Sites That Collect Data From Children Must Comply With COPPA
- Divvying Up Rights When Jointly Creating a Product Is Essential — and Difficult
- Using Appropriate Agreement for Software Helps Reduce Future Disputes
- To Avoid Liability, Website Operators Must Be Careful When Editing Posts, Under Embattled Section 230
- State Trademark Registrations Provide Some Benefit in Limited Situations
- False Advertising Claims Available Even When Harmed Party Is Not Mentioned
- Maryland Legal Alert - May 2020
- Not All Software Licenses Allow Remote Working
- Not All Software Licenses Allow Remote Working
- Trademark Damages Allowed Even if Infringement Is Not Willful
- Disaster Recovery Agreements Require Tailored Force Majeure Clauses
- Protecting Your Trademark During Temporary Business Closure
- Extensions for Patent and Trademark Filings Available to Those Affected by COVID-19
- Posting Online for Homebound May Have Copyright Considerations
- Maryland Court Rules Insurance Covers Damage from Ransomware
- Think Broadly About Rights Needed to Make Copies
- Trademark Applications Must Now Include the Owner’s Email
- Website Accessibility Becoming More Necessary
- In Transactions, Address Ownership of Data and Software
- Throwing the Yellow Flag on Sports Team’s Branding Use
- Copyright: The Idea Can Be Copied, Not the Expression
- Transferring Your Trademark Out of Your Estate Must Include Goodwill
- Online Endorsements: Influencers Must Disclose Connections
- Consider the Continuing Rights of Departing Software Developers
- Start Up Maryland: University Technology Transfer - Tech Knowledgy Breakfast & Trivia
- Right of Publicity: College Athletes Get a Win in New Legislation
- Detail Specifications in Software Licenses
- Recovery of Indirect Damages in Data Contracts
- Have Proper Intent for Intent-to-Use Trademark Applications
- Constant Vigilance Needed to Keep Trade Secrets
- IP Trivia - MLC
- Attacking Online Disparagement
- FUCT Can Be Trademarked [insert your favorite pun]
- Mechanical Licensing Collective Takes Shape
- Plagiarism and Copyright Infringement are Different, Yet Similar
- Landlords: Try Owning Your Tenants’ Trademarks
- Strategies to Counter Online Disparagement are Available
- Supreme Court Rules 1st Amendment Allows FUCT as a Trademark
- Maryland Laws Update 2019
- DMCA Take Down of Kardashian Deepfake Raises Copyright Fair Use Questions
- Maryland Legal Alert - June 2019
- Registering Trademarks for Cannabis: Some Restrictions Lifted
- Online Reputations: What to Do When Bad Things Happen to Your Good Business Online and on Social Media
- Patents for Cyber Town, USA
- USPTO Relaxes Restrictions on Registering Certain Cannabis Trademarks
- New Trademark Expedited Cancellation Pilot Program
- Supreme Court Requires Completed Copyright Registration before Filing Suit
- Be Smart When Taking Intellectual Property as Collateral
- Landlord Owning a Tenant’s Trademark: Try It.
- Don't Fall for Trademark Renewal Scams
- For Copyright Infringement, Similarity of Expression Must Be Substantial
- Timely Copyright Registration Essential after Supreme Court Ruling
- Cyber Security and Information Privacy Tech Knowledgy Breakfast & Trivia
- Consider How Arguments to Protect a Trademark Will Impact Your Other Ones
- Before Settling IP Litigation, Be Sure the Plaintiff Is the True Owner
- Secret Sales of Inventions May Invalidate a Later Patent Filing
- Patent Eligibility: Find the “Practical Application”
- Using Your Sports Team’s Branding for Your Own Purposes
- Non-U.S. Owners Must Use Trademarks to Keep Them Registered
- Copyright Registration: An Easy Tool in Protecting Creative Works
- Music Licensing Catches Up with Streaming Services
- Trademarks Should Be Owed by One Entity Only – Not Jointly
- Maryland Legal Alert - October 2018
- A Modicum? The Test for Copyright Protection
- New Medicare Bundled Payment Model
- Patent Prosecution Requires a Claim of "Something More"
- Don’t Just Renew Trademarks, File to Register Newer Lines of Goods and Services
- Focus on the Damages from Data Breaches When Negotiating SaaS Agreements
- Maryland Legal Alert - August 2018
- Make Sure You Have the Rights You Need to Sell Your App
- The EU GDPR applies outside of the EU
- Maryland Legal Alert - July 2018
- New Rules for Substance Abuse Records
- Maryland Legal Alert - June 2018
- Pay Attention to Your Domain Names So You Do Not Lose Them
- Registering Trademarks is Now Essential Under the New Amazon Brand Registry Rules
- Services Level Agreements Provide Protection for Cloud-Based Services
- Maryland Legal Alert - May 2018
- When Selling Artwork, Be Careful About the Rescission Clause
- To Protect Your Application Programming Interface, You May Still Need a Patent
- Obtain All Needed Rights to Use a Photograph
- The Importance of Synchronizing Design Patent and Utility Patent Applications
- In Hosting and Network Management Agreements, Know Where Your Data is Stored on the Cloud
- Virtual Currency is Not “Currency;” IRS Gain Rules Apply to its Use
- The Essentials of a Trademark License
- Maryland Legal Alert - February 2018
- Software Licenses Should Detail the Software’s Functionality
- Software Patents Require Nuanced Drafting
- File Trademark Applications Early to Protect a Planned Brand
- Maryland Legal Alert - January 2018
- Online Service Providers Must Now Electronically Register their DMCA Agent
- FDA Clears First Digital Therapeutic Device
- Ownership of Videos Taken with Remote Cameras
- Maryland Legal Alert - December 2017
- Facebook Has New Plan to Stop "Revenge Porn" - But it May Sound Crazy
- Maryland Legal Alert - November 2017
- Maryland Legal Alert - October 2017
- Geofencing Medical Data
- Maryland Legal Alert May 2017
- Federal Defend Trade Secrets Act of 2016: Action Item, Added Ammunition and Comparison to Maryland’s Statute
- Fighting Trademark Infringement
- The Digital Age - What Business Lawyers Need To Know About Issues Their Clients Will Face
- “Know Before You Go”: A Condition Precedent for Trade Secret Litigation
- Intellectual Property Law for the Maryland Business and Litigation Lawyer, Maryland State Bar Association
- Patent, Copyright, Trade Secret, Right of Publicity, Trademark Handbook for Maryland Business and Litigation Lawyers
- Maryland Legal Alert - October 2011
- Protecting Your Brand Name on the Internet
- Social Media Precautions
- Identifying Trade Secrets: A Condition Precedent for Trade Secret Litigation
- Metadata: Data About Data
- Trying to Muzzle Consumer Review Websites
- Using and Managing Intellectual Property in an Online Business
- Admitting Evidence From The Internet: Authentication Is Still Required
- Intellectual Property Law Update: Select Issues in IP Practice
- The Collision of the Internet and Trademark Law
- Internet and IP Law: Software Protection through Copyrights and Patents, Maryland Institute for Continuing Professional Education of Lawyers, Inc. (MICPEL)
- Beyond Brand X - Using Another’s Trademark in Your Own Advertising
- Business Law Institute: Licensing Agreements, Maryland Institute for Continuing Professional Education of Lawyers, Inc. (MICPEL)
- Trademark Law and Practice, Maryland Institute for Continuing Professional Education of Lawyers, Inc. (MICPEL)
- A New Breed of Copyright Issues
- Technology Transfer Agreements; Don’t Be an Amateur
- Are Your Business Methods Patentable?
- Federal Limits on Year 2000 Liability
- Medical Care and the Millennium Bug
- Avoid the Quick Fix of Descriptive Names
- Those Trademark Licensing Blues
IP Tech Knowledgy
Technology & Intellectual Property
University of Maryland Francis King Carey School of Law,
A.B., Bowdoin College, 1983
U.S. District Court for the District of Maryland