Matthew Nelles

A seasoned Florida and federal practitioner with over 25 years of experience, Matt has litigated over 250 business and intellectual property disputes in the U.S. District Courts of the Southern, Middle, and Northern Districts of Florida.   Understanding and appreciating the legal subtleties and nuances affecting all types of businesses, Matt also successfully represents clients in the state courts of Florida in disputes arising from breach of contract and tortious interference, business defamation, unfair competition, condominium, construction, real estate, banking, and employment non-competes.

Demonstrating his expertise in copyright, trademark, and patent disputes, Matt is one of only 141 lawyers board certified by the Florida Bar in Intellectual Property Law. He is also a registered patent attorney with the U.S. Patent & Trademark Office.  In 2015, he received the Daily Business Review’s “Most Effective Lawyers” Award in the Intellectual Property category.

Over the years, Matt has represented well-known brands such as Target, Warner Bros. Records, Burlington Stores, Internet Brands, Airstream, Exxon-Mobil, Valero Energy Corp., Abercrombie & Fitch Trading Co., Coach, and Rolls-Royce Energy Systems.  He has also represented high-profile music entertainers and celebrities, including Prince Rogers Nelson, Spike Lee, and 2 Live Crew.

In addition to his trial experience, Matt procures trademarks and copyrights for his clients, and negotiates and drafts intellectual property licensing agreements, assignments, and asset transfers.  He advises clients concerning corporate intellectual property matters, including due diligence and clearance in connection with mergers and acquisitions.

Prior to founding Nelles Kostencki, PLLC, Matt was a partner at Berger Singerman’s Ft. Lauderdale office.  Previous to that, he was a partner at Broad and Cassel.

Contact

D:  954 246 4880

Mnelles@nklawflorida.com

J.D., magna cum laude, Nova Southeastern University Shepard Broad Law Center

B.S., Rutgers University, College of Engineering

U.S. District Court, Southern District of Florida

U.S. District Court, Middle District of Florida

U.S. District Court, Northern District of Florida

Eleventh Circuit Court of Appeals

U.S. Patent & Trademark Office, registered patent attorney

Pohl, D.D.S. v. MH Sub I, LLC (N.D. Fla., Tallahassee), successfully obtained summary judgment on lack of creativity/originality in copyright case involving before/after dental photos, see 314 F.Supp.3d 1225

Brandon v. Prince Rogers Nelson, Spike Lee and Warner Bros. Records (S.D. Fla., Miami), copyright infringement case in which plaintiff contended that the soundtrack to “Girl 6” infringed on a song he wrote many years ago; successful dismissal after two years of litigation.

Triaxial Medical v. Internet Brands, Inc. (S.D. Fla., Fort Lauderdale), copyright infringement case involving medical text appearing on internet websites

Compulife Software, Inc. v. One Resource Group Corp. (S.D. Fla, West Palm Beach), copyright infringement case involving life insurance quote engine (pending)

Ross Publishing Co. v. Carkenord (S.D. Fla., West Palm Beach), copyright infringement case involving business textbook

Turner Envirologic, Inc. v. Rolls-Royce Energy Syst., Inc. (S.D. Fla., Fort Lauderdale), copyright and trade secret case resulting in successful early dismissal.

Somero Ent. v. Stoltzfus (M.D. Fla., Ft. Myers), patent case involving concrete hose pullers

Atmos Nation v. All Rise Records d/b/a Got Vape (S.D. Fla., Fort Lauderdale), design patent/trade dress case involving vaporizers/e-cigarettes resulting in successful dismissal of case with prejudice.

Atmos Nation v.  AFG Distribution d/b/a Pulsar Vaporizers (S.D. Fla., Miami), design patent/trade dress case involving vaporizers/e-cigarettes (pending)

Leading Edge Novelty, Inc. v. Target Corporation, et. al., (S.D. Fla., West Palm Beach), patent case resulting in a favorable early Markman claim construction ruling against infringement of a plaintiff’s musical snow globe invention.

Global Tech LED, LLC v. Hilumz International Corp. (M.D. Fla., Ft. Myers), patent case involving retrofit LED lighting kits

Pappalardo v. Green Life Patents (M.D. Fla., Ft. Myers) patent inventorship dispute (pending)

Silver Streak Trailer Co. v. Airstream Inc. (S.D. Fla., Ft. Pierce), represent Airstream in trade dress declaratory judgment action

Valoro, LLC v. Valero Energy Corp. (S.D. Fla., Miami), trademark declaratory judgment and infringement counterclaim action resulting in successful discontinuation of plaintiff’s use of confusingly similar name

Lil’ Joe Records v. Hobbs, (S.D. Fla., Miami), copyright and trademark case resulting in final judgment against founder of 2 Live Crew

Rubenstein Law d/b/a/ 1-800-FL-Legal v. Friedman Law Associates d/b/a FL Legal Group (M.D. Fla., Tampa), trademark case involving 1-800-FL-Legal

1-800-411-I.P. Holdings, LLC v. Georgia Injury Centers, LLC (S.D. Fla., Fort Lauderdale), trademark case involving 1-800-411-PAIN

Coach, Inc. v. Wagon Wheel Flea Market, Inc. (M.D. Fla., Tampa), trademark counterfeiting case involving “Coach” handbags

Abercrombie & Fitch Trading Co. v. Surf Style Retail Mgmt. (S.D. Fla., Miami), trademark counterfeiting case involving famous Hollister seagull logo

Yahav Ent. d/b/a the Alexander Hotel v. Beach Resorts Suites (S.D. Fla., Miami), successful dismissal of trademark infringement case involving “The Alexander” on Miami Beach

Belen Jesuit Prep School v. Sportswear, Inc. (S.D. Fla., Miami), trial verdict in favor of client determining that use of school name on apparel did not infringe trademarks

Vacation Nation, LLC v. Regency Towers Owners’ Association (N.D. Fla., Panama City), trademark case defending successful UDRP arbitration award involving regency-towers.net

Honus Wagner Co. v. Hillerich & Bradsby Co. (S.D. Fla., Fort Lauderdale), trademark case involving “Honus Wagner” appearing on baseball bats

Innovative Health Solutions, Inc. v. Dyansys, Inc. (M.D. Fla., Orlando), false designation of origin case involving “P-Stim” medical device (transferred to N.D. Cal)

First Fashion USA, Inc. v. Best Hair Replacement Manufacturers, Inc. (S.D. Fla., Fort Lauderdale), obtained trial verdict in favor of hair replacement manufacturer

Martindale-Hubbell, AV® Preeminent™ Peer Review rated

Daily Business Review’s “2015 Most Effective Lawyers” Award in the Intellectual Property category

American Intellectual Property Law Association (AIPLA): Quarterly Journal Editorial Board (three-year term: 2017-2020)

AIPLA: previous Appointee to Amicus Curiae Committee

AIPLA: past-chair of Trademark Internet Committee

AIPLA: 2015 Annual Meeting Programs Subcommittee

Florida Bar, Intellectual Property Law Section

Intellectual Property Law Association of Florida, Past President

Federal Bar Association, South Florida chapter

Berger Singerman, LLP.

Broad and Cassel

Ruden McClosky

Law360, “Dental Photos Case Shows Copyright Threshold Has Bite”, July 11, 2018

The Hill, “Did the Supreme Court Open the Floodgate to Offensive Trademarks?”, June 20, 2017

Doing Business in Florida, “Patent Exhaustion: The Supreme Court Curtails Patent Rights”, May 30, 2017

Matt Nelles, Speaker, “A Web of Infringement: An Interactive Panel Exploring the Enforcement and Protection of Trademarks and Copyrights Online,” AIPLA Mid-Winter Institute, Winter 2015

Matt Nelles, Speaker, 2017 Mid-Winter Institute, American Intellectual Property Law Association (AIPLA) February 1, 2017.

ABA Journal quotes Matt Nelles in, “Ruling on dental photographs takes a bite out of copyright protections” December 1, 2018

American Dental Association quotes Matt Nelles in, “Copyright protection may not apply to before-and-after photos” July 27, 2018

IP Watchdog quotes Matt Nelles in, “Northern Florida District Judge Decides That Dentist’s Copyright Claims Have No Bite” July 14, 2018

Daily Business Review quotes Matt Nelles in, “How to Lose a Copyright Case: Court Finds Photos of Teeth Lack Sufficient Bite” June 25, 2018

Inside Counsel quotes Matthew Nelles in, “Velcro Fights Misuse of Trademark with “Don’t Say Velcro” Campaign” October 12, 2017

MIAMI · BROWARD · WEST PALM BEACH
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