Emily A. Bayton

Education

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

Bar Admissions

  • Arizona, 2002

Clerkships

  • Meredith Corporation

Emily A. Bayton

Co-Practice Group Leader
Partner
201 East Washington
Suite 1200
Phoenix, Arizona 85004
Phone 602.262.5768
Fax 602.734.3786

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.

Memberships and Affiliations

  • Intellectual Property Section, State Bar of Arizona, held every officer position, including Chair, during 8-year period (2004-2012)
  • International Trademark Association (INTA), Member
  • Foundation for Public Education, Board of Directors
  • American Bar Association Intellectual Property and Technology Practice Section, Former Member of Dilution Subcommittee
  • Arizona Women Lawyer’s Association, Member
  • State Bar of Arizona Trademark Reform Committee,  Former Member

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

Speaking Engagements

  • 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.

Court Admissions

  • U.S. District Court, Arizona

Other Distinctions

Ms. Bayton is listed as a 2013 Southwest Rising Star, included in the March 2011 edition of AZ Business' Top Lawyers, and in the April 2010 edition of AZ Business' Top Lawyers.