Kevin W. Wimberly
Kevin W. Wimberly is an Associate with the firm, and he provides intellectual property representation, including transactional, licensing, and litigation related to trademarks, patents, copyrights, trade secrets and other matters. Mr. Wimberly's practice also includes various Internet-related matters, including counseling clients on the scope of protection and available immunities to service providers based on user-generated content, as well as consultations on marketing issues such as CAN-SPAM and TCPA compliance. He brings extensive experience working with Internet-related technologies and clientele, including mobile app developers, webmasters, and other content providers.
Mr. Wimberly graduated from the University of South Carolina in 1997 with a B.A. degree in English. To pursue his interest in computers and technology, he began working in computer and networking support. His information technology experience includes working in the in-house legal department of a multi-national software development corporation as well as working in the information technology departments of two Florida law schools. His prior career in Information Technology provides him valuable experience in computer networking and its underlying hardware and software infrastructure, and that experience continues to benefit the firm's clients, many of whom require proficiency in technical matters.
After working full-time in IT for five years, he entered law school to further his knowledge regarding the integration of law and technology. While attending law school, he competed in the Lefkowitz Moot Court Competition on Trademarks in 2006 and 2007. In 2006 his team placed 2nd Overall and received the 1st Place Best Oralists Award in the regional competition. In 2007, Mr. Wimberly's team again won 2nd Place Overall for the region. He also served as the Chief Justice of his law school's Moot Court Honors Board. While working for the firm as a law clerk, he graduated cum laude from Barry University School of Law in 2008, and he continued to work for the firm after graduation.
In 2009, he took a four-year absence from the firm while he gained skills practicing at a boutique First Amendment-focused firm. While there, he continued his intellectual property practice but was also involved in litigation and transactional work pertaining to First Amendment, Internet, and Gaming law.
Mr. Wimberly has guest-lectured at Barry University School of Law on the topics of trademark dilution and Section 230 of the Communications Decency Act, and in January of 2009 he co-presented on the topic of Design Patent Infringement in the wake of Egyptian Goddess v. Swisa, 543 F.3d 665 (Fed. Cir. 2008) at a seminar for the Orange County Bar Association Intellectual Property Committee.
Mr. Wimberly has also given multiple CLE presentations on the various constitutional, regulatory, and contractual issues surrounding the development and use mobile apps, including issues related to government restrictions on using mobile devices to record police activity, private and government restrictions on the content transmitted or made available via apps, and, compliance with various mobile app marketplace policies.
In 2012 and 2013, Mr. Wimberly was named to the Florida Rising Stars list as one of the top up-and-coming attorneys in Florida. Each year, no more than 2.5 percent of the lawyers in the state receive this honor.
Areas of Practice: Intellectual Property litigation, Patent, Trademark, Copyright, Trade Secrets, Internet Law, Cybersquatting and Domain Name issues, Mobile App Development, TTAB and ICANN Proceedings, Related Business Matters and Related Litigation Matters.
The Florida Bar
The Florida Bar, Business Law Section — Intellectual Property Committee
Orange County Bar association, Intellectual Property Committee
The Florida Bar Foundation - Fellow
Florida's Children First - Friend