Emily A. Bayton

Emily A. Bayton

Co-Practice Group Leader, Partner
ebayton@lrrc.com vCard
303.628.9568 office
303.623.9222 fax
1200 Seventeenth Street
Suite 3000
Denver, CO 80202
201 East Washington Street
Suite 1200
Phoenix, AZ 85004

*Not admitted in Colorado

Ms. Bayton is a partner and Co-Practice Group Leader in the firm’s Intellectual Property practice group. Her primary focus is helping her clients protect and defend their trademarks in the United States and around the world. She also has considerable experience in other areas of intellectual property including copyright, trade secrets, and rights of privacy and publicity. Her clients come from a variety of industries including consumer goods and services, education, sports and many others.

Trademark Registration and Prosecution. Providing comprehensive trademark counsel, Ms. Bayton assists clients with trademark selection, clearance, registration and prosecution. She analyzes her clients’ trademark portfolios to ensure they have appropriate worldwide coverage and recommends strategies for strengthening their brand presence in the marketplace. Her services often involve helping clients implement trademark enforcement programs to strengthen and protect their brands from possible infringers.

For her clients, Ms. Bayton routinely reviews, drafts and negotiates trademark licenses and contracts including sponsorship, consent, co-existence, consulting, release, settlement, location and other IP agreements.

IP Litigation. Ms. Bayton helps clients with cases involving trademark infringement and dilution, copyright infringement, trade secret misappropriation, unfair competition and cybersquatting.

She represents clients before the Trademark Trial and Appeal Board (TTAB) and has experience with Accelerated Case Resolution (ACR) tracks through the TTAB; as such, she often advises her clients on the strategic merits of using the ACR approach.

Sports IP. An avid sports fan,  Ms. Bayton can be found playing sports, watching any sort of sporting event, and agonizing over her fantasy football picks.

Combining her love of sports and her love of intellectual property law, Ms. Bayton helps sports organizations, teams, athletes and suppliers protect and defend their brands, trademarks and other IP rights. She has experience shoring up rights, representing clients before the TTAB and in federal court, creating and executing licensing, sponsorship and endorsement agreements, and providing similar assistance.

She writes and speaks frequently on the intellectual property issues affecting sports teams and athletes. Recently, she discussed sponsorships, merchandising, domain names, licensing, broadcast rights and brand identity in the sports world on Bloomberg Radio's Bloomberg Law. Her articles on sports IP issues have appeared in Sports Business Journal, Law360.com, and Sports Litigation Alert.

Related News

04/12/2016
Arizona, New Mexico attorneys selected as Southwest Super Lawyers
Annual listings reflect peer recognition and professional achievement

Presentations

  • Speaker, “Rocky Mountain IP Institute – Trademarks & Acquisitions,” May 2015?
  • Presenter, "Common Licensing Mistakes," April 2014
  • Presenter, "Copyrights: A Workshop on Protecting Your Designs," July 2013
  • Presenter, "Intellectual Property and Licensing: What You Need to Know About Patents, Trademarks and Licensing Agreements," March 2011
  • Presenter, "Pre-Litigation Considerations: Demand Letters, Declaratory Judgments and Administrative Proceedings," July 2009
  • Presenter, "IP Basics," June 2009
  • Co-Presenter, "Branding 101: Legal Issues and Practical Considerations," May 2007
  • Co-Presenter, "Recent Developments and Prospective Legislation Impacting Business Entity Name Selection in Arizona," October 2006
  • Presenter, "Protecting Your Property: Copyright Law for Artists," April 2004, 2005
  • Co-Presenter, "Protecting Your Brand: Trademark Policing Strategies and How to Avoid Litigation," December 2004

Pro Bono/Community Service

Ms. Bayton serves on the Board of Directors of the Foundation for Public Education and is a mentor to Arizona State University law students through the Women's Law Student Association.

While on the Executive Council of the IP Section of the State Bar, Ms. Bayton helped to establish the IP Section Writing Award. This Award serves to increase visibility of the IP Section's activities to Arizona law students and encourages involvement in the Section's activities.

Ms. Bayton also regularly provides pro bono assistance to individuals and charitable organizations on IP issues.

Related Publications

Ms. Bayton has been quoted by Bloomberg Law Radio and the Phoenix Business Journal on IP topics. In her most recent interview, Ms. Bayton discussed intellectual property issues in professional sports, during a Bloomberg Law Podcast. 

Distinctions

  • The Best Lawyers in America - Woodward/White, Aiken, S.C. - Copyright Law 2016
  • Southwest Rising Stars - Intellectual Property 2013-2015
  • AZ Business Magazine - Top Lawyers 2010, 2011
  • AZ Business Leaders - Intellectual Property Law 2015

Representative Matters

Other Info

Education

J.D., University of Iowa College of Law, 2002
B.B.A., with Honors, University of Iowa, 1999

Bar Admissions

Arizona, 2002

Court Admissions

U.S. District Court for the District of Arizona

Memberships & Affiliations

  • State Bar of Arizona Trademark Reform Committee, Former Member
  • Arizona Women Lawyers Association, Member
  • American Bar Association Intellectual Property and Technology Practice Section, Former Member of Dilution Subcommittee
  • Foundation for Public Education, Board of Directors
  • International Trademark Association INTA, Member
  • Intellectual Property Section State Bar of Arizona, Chair, 2004-2012