Howard Alan Newman MBA

Mr. Newman's clientele have included law firms, individuals, and small and medium sized entities in various locations in the United States and around the world, including a niche Brasilian practice. In addition to Mr. Newman's legal experience as a registered patent attorney and working as a litigation and a transactional attorney, he has worked as a CEO of a start-up company, as an associate in an incubator, and he has performed financial valuations of intellectual property both as a function of litigation and arms-length transactions.

• Niche Brasilian Practice--please inquire for scope
• Litigation
• Civil Defense
• Commercial Litigation
• Trademark and Copyright Prosecution

• Free Consultation
  We provide a thirty (30) minute consultation to any potential client (including both individuals and entities).

District of Columbia

Florida

Maryland

Oregon

United States Patent and Trademark Office

Since 2006

4th Circuit

11th Circuit

Federal Circuit

U.S. Supreme Court

University of Florida

B.A. (1994) | History

Honors: Honors Program

University of Florida

Minor (1994) | Chemistry

University of Florida

MBA | Entrepreneurship and Finance

University of Florida

J.D. | Intellectual Property and Litigation

Bar Association of Montgomery County (BAMC)

Co-Chair Intellectual Property & Technology Law Section

Current

Bar Association of the District of Columbia

Patent Trademark Committee

Current

Hauswiesner Law Group PLC

Of Counsel

Current

Greenberg & Lieberman, LLC

Of Counsel

Current

US District Court for Florida--Northern District

Current

Registered Patent Attorney

USPTO

Q. Can I get sued for using generic terms?

November 29, 2016

A: I have taken the liberty to modify your question, which now reads: Can I successfully defend myself from being sued from using allegedly generic terms?

First, anyone can sue any other person or entity. It's the nature of having free access to the courts. Second, the cardinal rule in intellectual property is that if there is money to be made, there will be litigation, or the threat thereof. Thus, understanding that one may readily be sued, it was important to modify the question.

Generic terms, by themselves, do not signal or identify the maker of goods or the provider of services. If you, individually, are using terms that are (or have become) generic, then you should not expect to have liability for such use; this assumes that the terms are indeed generic. As a coda, intellectual property should almost always be owned by an entity.

As can be seen above, you would be well served by seeking counsel to help guide you in the process. There are many things to consider that a non-lawyer simply does not contemplate. ... Read More

Q. In order to sue for Copyright Infringement do I need to register the copyrighted work with the government?

November 28, 2016

A: No. You may sue under the common law for copyright infringement. However, to make use of the federal statute, which has real teeth in its statutory damages, for example, the work would have needed to have been registered first.

Q. How can I purchase this trademark title?

November 28, 2016

A: I concur with consulting a trademark (and business attorney) during the formation of any entity. Moreover, where intellectual property ("IP") is involved (though copyright may be the exception), it's imperative to have an attorney counsel the entity on identifying the IP, drafting the appropriate governmental applications thereof (when necessary), and ensuring that all appropriate instruments (assignment agreements, resolutions, etc.) are executed. There have been too many times where even mature entities thought they could do it themselves and then a few years later get embroiled in disputes and are then to forced to retain counsel where the costs are much, much higher than had said entities done it right on the front end. ... Read More