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Griffin Klema

Griffin Klema

Klema Law, P.L.
  • Intellectual Property, Patents, Trademarks...
  • Florida, USPTO
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Summary

Civil litigator and registered patent attorney who brings wide-ranging experience to bear on legal matters, combining scientific, technological, business, and legal knowledge in a single advisor. I pride myself in careful and effective tactical planning in litigation and negotiation. I am committed to providing creative, aggressive, professional representation. I can be reached directly at 202-713-5292 or griffin@klemalaw.com.

Practice Areas
  • Intellectual Property
  • Patents
  • Trademarks
  • Business Law
Additional Practice Areas
  • Litigation
  • Trial
  • Copyright
Fees
  • Free Consultation
    Up to 15 minutes free initial consultation by phone.
  • Credit Cards Accepted
  • Contingent Fees
    I accept some matters on contingency basis, depending on the nature of the case and the client's flexibility in offering equity in a business or other asset.
  • Rates, Retainers and Additional Information
    I also provide hybrid, flexible fee arrangements, all depending on your particular situation. Please contact me to discuss your matter and how we can structure compensation in exchange for my services.
Jurisdictions Admitted to Practice
Florida
USPTO
11th Circuit
Languages
  • English: Spoken, Written
  • French: Spoken, Written
Professional Experience
Shareholder
Klema Law, P.L.
- Current
Complex civil litigation, intellectual property, and business counseling.
Attorney
Hoffman & Hoffman
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Commercial litigation, probate, and business counseling.
Market Analyst
Wisconsin Alumni Research Foundation
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Protected, licensed, and enforced intellectual property (patents, biomaterials, trade secrets) developed at the University of Wisconsin, including technologies in medical devices, pharmaceuticals (small molecules, biologics, regenerative therapies), research tools, diagnostics, and medical imaging.
Education
University of Miami School of Law
J.D. (2012) | Intellectual Property, Competition Law, Litigation
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Honors: Cum Laude, Law Review, Moot Court, Dean's Fellow
Activities: Intellectual Property Law Society (Vice President),
University of Wisconsin - Madison
B.S. (2005) | Biochemistry, Finance
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Honors: Created mobile web interface for community-based security technology which earned second place in the Schoof’s Prize for Creativity, Innovation Competition, 2006 (uncredited, post-graduation).
Awards
Dean's Fellow
University of Miami School of Law
Dean's fellow in writing.
Moot Court Board
University of Miami School of Law
Earned invitation after scoring second highest among existing members in 2L competition.
Dean's Fellow
University of Miami School of Law
Dean's fellow in writing, assisting professors and other students with their written work product.
International and Comparative Law Review
University of Miami School of Law
Earned invitation as a result of my submission to the write-on competition.
Dean's Fellow
University of Miami School of Law
Dean's fellow in writing, assisting professors and other students with their written work product.
Professional Associations
United States Patent & Trademark Office # 74,334
Member
- Current
JOHN T. GAUBATZ MOOT COURT COMPETITION
Judge
- Current
Activities: Judge for the University of Miami’s annual moot court competition by evaluating and providing feedback to 1L and 2L students seeking invitations to the board.
The Florida Bar # 0100279
Member
- Current
Rebuilding Together - Miami-Dade
House Captain
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Activities: Manage group of 20 volunteers during organization’s annual rebuilding day, and provide construction services as needed to repair and renovate homes of disabled, low income, and veteran homeowners.
AIPLA
Member
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AUTM
Member
-
Licensing Executives Society
Member
-
Speaking Engagements
Patent Law Year in Review, HCBA Annual IP CLE, Tampa, FL
Hillsborough County Bar Association
Gave continuing legal education seminar to Tampa area attorneys summarizing the past year's developments in patent law, including case law, rule changes, and prosecution developments before the USPTO.
Harnessing the Expertise of Your Business and Law Schools, AUTM Central Meeting, Cleveland, OH
AUTM
Business and Law Schools as Your Technology Transfer Office Workhorse, AUTM Annual Meeting, San Diego, CA
AUTM
Certifications
Registered Patent Attorney
U.S. Patent & Trademark Office
Legal Answers
219 Questions Answered

Q. Can I sue 1099 for breaking a contract of not practicing withing 10 miles from by place of business?
A: Quite possibly, yes. The geographic restriction might be enforceable, but the full answer to your question depends on an analysis of the contract that was signed, and the circumstances surrounding the contractor's work with you (as well as what you do/did to maintain secrecy over the confidential information). I would be pleased to discuss your trade secret case in further detail: 202-713-5292.
Q. Can you make and distribute skittle vodka?
A: Very unlikely that you don't in some way infringe on the famous brand SKITTLES, irrespective of its use on an alcoholic product. You would likely be running into tarnishment / dilution / blurring kinds of infringement.
Q. Hey I want to start a brand with a brand name Amélie. How can I tell if that name is already taken?
A: Trademark rights depend on use. You would need to search for similar federal (or state) registrations in the same class of goods or services and then analyze those registrations against your desired name and determine whether there is a likelihood of confusion under the DuPont factors. If that doesn't sound too daunting, you might be able to do your own clearance assessment. Otherwise investing a few hundred dollars getting a formal clearance opinion from a lawyer (which may include your own trademark application) is a wise investment as part of starting your new business.
Q. If I were to buy brand name items from overseas, direct from the factory, could I sell them as authentic
A: Your question seems to implicate Canadian law, but I believe most attorneys on Justia are only licensed in the U.S. Under U.S. law, the answer would probably be no because most likely the owner of the "brand" has trademark rights in the U.S. (assuming they're selling product here). You would not be allowed to sell products bearing the mark of another company without their permission (license). It also probably doens't matter whether you're advertising them as new or used. Furthermore, falsely suggesting a product is used when it is new might run afoul of consumer protection laws (e.g. the federal FTC Act or the Florida Deceptive and Unfair Trade Practices Act).
Q. I am building an ecommerce website similar to Amazon, allowing third-party sellers, etc.
A: If you have created a successful business, you're going to get silly/aggressive/unfounded accusers, just be ready and have a good lawyer on retainer to deal with such issues as they arise. As for embedding YouTube videos onto your own website (for profit), this is a common question. Much of it depends on HOW you're doing so. That's because trademark rights might be affected (i.e. tarnishment, false association, etc.). Then there's copyright, which also doesn't have a clear answer without further details about what content you're linking (i.e. non-public domain copyrighted content). The URL you cite merely shows you how to embed, not whether you're legally clear to do so. What you really need is a clearance opinion from a lawyer who has the full details of what videos are being used, and how they're being embedded. Bottom line: if you're starting a business, allocate part of your startup capital for legal advice on this topic, as well as making sure you're forming the business so that your personal assets are not at risk and that you have an optimal tax strategy in place. Good luck!
Q. hey i am wondering if it is illegal to make a video game based on pepe the frog. The trademark says ''abandoned''
A: I've written a blog post about how to analyze abandoned patents: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/ Trademark rights are based on use. You are asking for a clearance opinion, and you can expect to budget between $500 and $1,500 for that kind of legal work.
Q. How much does an application for a patent and trademark for an industrial process cost.
A: I think Mr. Mlynek's estimates are a bit on the high side. Like many things in life, you get what you pay for, but there are lawyers (or patent agents, people who are not lawyers but can help you file a patent) that charge less. I usually tell prospective clients to budget about $15,000 for a patent, and $500 for a trademark. The complexity (and scope of protection you want) will affect the expense: more complexity or broader protection = more cost.
Q. How Much Should I Charge for Using My Image?
A: It also depends on the market rate. If another model is willing to take the $100, then that's the going rate. You could try to negotiate for almost any concievable structure (royalties, flat fee, blended flat/percentage, or even like-kind exchanges, such as free movie tickets, etc.). Good luck!
Q. What happens in Federal Court after Initial discovery is over, defendant has offered me $ as settlement, but plaintiff?
A: Typically in federal court the case will continue to proceed towards trial. The case management conference and order entered will usually spell out the deadlines for various steps along the path to trial. The parties are always able to voluntarily settle the case (and such agreement is encouraged), but must be achieved by mutual consent. If you can't agree, then there's no settlement and the case proceeds. Good luck!
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Contact & Map
Main Office
420 W. Kennedy Boulevard
Commerce Club, Second Floor
Tampa, FL 33606
USA
Cell: (202) 713-5292
Mailing Address
PO Box 172381
Tampa, FL 33672
USA
Cell: (202) 713-5292