Emily A. Bayton

Emily A. Bayton

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

Ms. Bayton is a partner and Co-Practice Group Leader of the firm’s 80-lawyer Intellectual Property practice group. She also serves as the Co-Chair of the firm's Sports and Outdoor Recreation industry team. Her primary focus is helping her clients protect and defend their intellectual property in the United States and around the world. She has 15 years of experience advising clients on trademark, copyright, trade secrets, and rights of publicity matters. Her clients come from a variety of industries including sports, education, consumer goods and services 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 in the marketplace. Her services often involve helping clients implement trademark enforcement programs to strengthen and protect their brands.

For her clients, Ms. Bayton routinely reviews, drafts and negotiates trademark licenses, sponsorship and endorsement agreements, consent/co-existence, consulting, and other IP agreements.

IP Litigation

Ms. Bayton represents clients in cases involving trademark infringement and dilution, copyright infringement, trade secret misappropriation, unfair competition and cybersquatting.

She has considerable experience representing clients before the Trademark Trial and Appeal Board (TTAB). 

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. She loves the great outdoors and has a passion for hiking and trail running.

Combining her love of sports and her love of intellectual property law, Ms. Bayton helps sports organizations, teams, athletes and manufacturers 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. She has 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.

Memberships & Affiliations

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

Related News

08/28/2017
Bayton appointed to Denver Sports Advisory Committee
Attorney brings sports, outdoor recreation industry focus and IP experience to Denver Sports Commission
8/15/2017
Partners honored as Lawyer of the Year by Best Lawyers
85 Lewis Roca Rothgerber Christie attorneys in The Best Lawyers in America 2018
06/02/2017
Outdoor Industry Association partners with Lewis Roca Rothgerber Christie
Agreement offers exclusive access to array of cost-effective legal services for OIA members
02/01/2017
Bayton, Campbell, Van Kirk named leading trademark professionals
Intellectual Property attorneys included in 2017 edition of World Trademark Review 1000
08/15/2016
83 Lewis Roca Rothgerber Christie attorneys named in ‘Best Lawyers'
11 partners also honored as ‘Lawyer of the Year' in The Best Lawyers in America® 2017

Presentations

  • Presenter, "Fair Use and Online Educational Materials," Kraemer Copyright Conference in Colorado Springs, CO, June 6-7th, 2016
  • Co-Presenter, "Perils of Settling Trademark Disputes (Naked Licensing)," Rocky Mountain Intellectual Property and Technology Institute, June 3, 2016
  • Speaker, “Rocky Mountain IP Institute – Trademarks & Acquisitions,” May 2015
  • Co-Presenter, Understanding Intellectual Property, Warranties and Liability Waivers, Colorado Mountain College, March 25, 2016
  • 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 has served on the Board of Directors of the Foundation for Public Education and as 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 an IP Section Writing Award to increase visibility of the IP Section's activities to Arizona law students and encourage involvement in the Section's activities.

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

Other Publications

Blog

Distinctions

  • The Best Lawyers in America - Woodward/White, Aiken, S.C. - Copyright Law, 2016-2017
  • World Trademark Review - WTR 1000 - The World’s Leading Trademark Professionals (Colorado), 2016-2017
  • Southwest Super Lawyers - Rising Star - Intellectual Property, 2013-2016
  • AZ Business Magazine - Top Lawyers, 2010, 2011
  • AZ Business Leaders - Intellectual Property Law, 2015

Other Info

Blog(s)

Education

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

Bar Admissions

Arizona, 2002
Colorado, 2016

Court Admissions

U.S. District Court for the District of Arizona