Lewis, Thomason, King, Krieg & Waldrop, P.C.
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Nicholas L. Vescovo

Nic Vescovo is an associate in the firm’s Memphis office.  Mr. Vescovo regularly counsels clients ranging from start-ups and emerging companies to individual artists and performers to multi-national corporations on all types of intellectual property issues.  He has handled matters before the United States Patent and Trademark Office, the United States Copyright Office, the Internet Corporation for Assigned Names and Numbers, and the Trademark Trial and Appeal Board.  From prosecuting trademarks to enforcing trademark rights nationally and globally, whether it is local infringement or infringement occurring online or on social media, Mr. Vescovo efficiently manages intellectual property disputes and enforcement matters.  He has also handled a wide array of complex business-related litigation matters for clients, including class action lawsuits, injunctions, and arbitrations.

AFFILIATIONS

  • American Bar Association Intellectual Property Law Young Lawyers Action Group Section
  • Tennessee Bar Association Young Lawyers Division
  • Memphis Bar Association Young Lawyers Division

PROFESSIONAL HONORS & ACTIVITIES

  • Named a Mid-South Rising Star in Intellectual Property by Mid-South Super Lawyers, 2014-2017
  • Associate Memphis – Leo Bearman Sr. Chapter of American Inns of Court, 2013-2016
  • Notes Editor – University of Memphis Law Review
  • President – University of Memphis Student Bar Association
  • Recipient – Professor Walton W. Garrett Scholarship

Memphis Office

One Commerce Square
29th Floor
40 South Main Street
Memphis, Tennessee 38103
Telephone (901) 525-8721
FAX (901) 525-6722

Education

University of Memphis, B.S., Biology, 2007

University of Memphis Cecil C. Humphreys School of Law, J.D., cum laude, 2011

Bar Admission

Tennessee, 2011

United States District Court for the Western District of Tennessee

United States Court of Appeals for the Sixth Circuit

United States Court of Appeals for the Tenth Circuit

  • Business & Commercial

    We offer comprehensive representation to businesses of all types. As detailed below, our services range from helping resolve business disputes through litigation, mediation, arbitration or negotiation to offering sound legal advice upon which to base your business decisions as well as transactional representation, document preparation services and business formation and… [Read more]

    Class Action

    More businesses, public and private, face the risk of class-action lawsuits. We have successfully developed strategies for challenging class certification and discovery related to those issues. If certification is granted, we have the ability to bring together a team of players to manage class litigation on a statewide, regional or… [Read more]

    Copyright & Trademark

    Copyright is a form of protection afforded by the laws of the United States for original works of authorship, such as literary, dramatic, musical, architectural, choreographic, pictorial, graphic, sculptural and audiovisual creations. The term "copyright" literally means the right to copy, and has come to mean a body of exclusive… [Read more]

    Health Care Law

    Lewis Thomason has extensive experience in providing services to clients in the health care industry at a time when the mission is to deliver excellent patient care while dealing with increased regulatory authority and government oversight. We offer comprehensive legal counsel and compliance with complex and evolving privacy and security requirements… [Read more]

    Intellectual Property

    Lewis Thomason attorneys have litigated intellectual property cases across the United States from pre-suit through appeal (including to the US Supreme Court), with a focus on efficiency and cost-management.  Our attorneys have actively participated in major patent and trademark litigation in federal courts. We have consulted with and written contracts… [Read more]

    Municipal & Administrative

    We have a long history of providing legal counsel to cities and towns throughout Tennessee. Whether negotiating contracts on behalf of local governments or representing municipalities and utility divisions in litigation involving personal injuries and contract disputes, we understand the special legal needs of city and county governments and their… [Read more]

  • Representative Experience

    • IP counsel for the enforcement of large international trademark portfolios for multiple clients in the fashion and athletic wear industries.
    • Outside intellectual property counsel to several microbreweries in Memphis.
    • Obtained reversal of district court in copyright infringement lawsuit, setting the standard for conceptual separability in the circuit.
    • Obtained reversal of district court’s denial of preliminary injunction in trademark infringement lawsuit.
    • Trademark and copyright counsel for multiple start-ups and app developers.
    • Represented photographer in a copyright infringement lawsuit that resulted in early favorable settlement.
    • Advised multi-national company on trademark and copyright issues regarding online presence and warranty agreements for new product.
    • Advises recording artist on distribution agreements and copyright protection of songs and performances.
    • Prosecutes multi-country trademark applications through the World Intellectual Property Organization and the Madrid System.
    • Regularly enforces copyrights through the Digital Millennium Copyright Act (DMCA) for numerous clients.
    • Defended trademark infringement lawsuit using First Amendment defense that resulted in favorable settlement for client.
    • Prosecuted trade dress infringement lawsuit that resulted in redesign of product.
    • Advises home goods manufacturer and clothing manufacturer on Federal Trade Commission compliance with regard to advertisements.
    • Negotiates software development, licensing, and IT services agreement between start-up company and national education software company regarding patent rights.
    • Defended multiple mechanical companies in patent infringement lawsuits.
    • Prosecuted patent infringement lawsuit on behalf of consumer goods company.
    • Prosecuted and defended patent infringement lawsuits on behalf of leading pet goods company.
    • Defended a global Fortune 500 company in a trade secrets misappropriation lawsuit before the Delaware Chancery Court.
    • Negotiated favorable settlement for principals of former national relocation company in purchase agreement dispute with global relocation company involving multiple commercial leases across the United States.
    • Defended Fortune 500 supermarket chain in class action lawsuit that resulted in early resolution of the lawsuit following the successful defense of a motion to remand.
    • Advised privately -held chemical company on corporate restructuring and potential liability issues.
    • Part of appellate team that successfully defended an appeal of a jury verdict from a trial over a multimillion dollar asset purchase agreement.
    • Obtained early resolution of vicarious liability defamation claim against leading video streaming service using a defense based upon the Communications Decency Act.
    • “Arkansas Goes to Bat on Medical Marijuana: Hits Homerun for Employers” (May 2017)
    • “Varsity Brands Earns Hard-Fought Win in Supreme Court Ruling Designs on Cheerleading Uniforms Are Copyrightable” (March 2017)
    • “Post-Election Events Making Waves in the Cannabis Industry” (December 2016)
    • “Historic Night for Cannabis Legalization” (November 2016)
    • “U.S. Defense of Trade Secrets Act to Bring Consistency to Trade Secret Litigation.,” Intellectual Asset Management International Reports (May, 2016)
    • “Defend Trade Secrets Act To Be Signed Into Law” (April 2016)
    • Co-author – “PLI State Q&A: Tennessee State Trademark, Dilution, Anti-counterfeiting, Unfair Competition and Deceptive Trade Practices Laws and Considerations” (2016)
    • “Dancing Baby Says Play Fair: Copyright Holders Must Consider Fair Use Before Sending a DMCA Takedown Notice” (September 17, 2015)
    • “Challenging the Denial of a Trademark Application in District Court Just Got More Expensive” (January 2014)
    • “Commil USA, LLC v. Cisco Systems, Inc., Patent Inducement Claims and Invalidity, and Coach, Inc. v. Goodfellow, Contributory Liability Based on Trademark Infringement by Vendors,” American Bar Association Intellectual Property Roundtable (2013)
  •  

    • “Marijuana on the March: An Update on Cannabis Laws & the Workplace,” Current Developments in Labor & Employment Law, LSBA Section of Labor & Employment Law CLE (March 2017)
    • “Weed in the Workplace 2: Still Smoking (Nashville)” (January 2017)
    • “Cannabis and Its Medicinal Potential: State of the Research and Policy” (December 2016)
    • “Weed in the Workplace: If Smoke, Do You Fire? (Memphis)” (October 2016)
    • “Intellectual Property Considerations for Emerging Companies,” Tennessee Bar Association’s “Business Law Forum 2016 (May, 2016)
    • “Don’t Forget the IP: Intellectual Property Considerations for Emerging Companies,” TBA Business Law Forum 2016: Evolving Topics in Capital Raising (May, 2016)
    • Panelist – “Patent Litigation vs. IPR,” The Tennessee Intellectual Property Law Association Fall 2015 CLE Seminar (November, 2015)
    • “Legal Best Practices for Startup and Early-Stage Breweries” (May 2015)
    • “Trademark & Trade Secret Issues Facing Start-Up Breweries and Distilleries,” Baker Donelson Craft Brewery Presentation (May, 2015)
    • Producer/co-presenter – “Non-Practicing Entities and Patent Reform,” the Honorable Jon P. McCalla moderating (November 2014)
    • Co-presenter – “A Review of Significant Intellectual Property Developments in 2012,”
    • University of Mississippi’s annual “CLE by the Hour” seminar (December, 2012)
    • Panelist/Producer – “Taking and Defending Effective Deposition,” TBA YLD Trial Practice Series 2012 (April 2012)
    • Panelist – “Encountering and Avoiding Ethical Traps,” TBA YLD Ethics CLE Seminar (February 2012)