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Joseph Englander is a Shareholder in the Miami office of the firm's Intellectual Property Practice Group.
Joseph handles Intellectual Property, Hemp, Food and Beverage and Customs Law issues for his clients. Joe has extensive experience in the food industry and understands the issues that his food and agricultural business clients face. He served for five years as an administrator in the Florida Department of Agriculture and Consumer Services (FDACS). During his time with the FDACS he served as both a Food Safety Compliance Administrator and a Senior Attorney in the FDACS General Counsel’s Office in Tallahassee. He is also certified in safety programs for food manufacturing systems such as hazard analysis and critical control points (HACCP) and is a Certified Food Manager. Joe attended the FDA enforcement academy for training enforcement officers who regulate the food industry. Joe helps clients navigate and comply with regulatory programs regarding labeling and food safety for foods and dietary supplements. He continues to develop compliance programs for his clients today.
Joseph also handles a broad range of intellectual property matters, including the prosecution of United States and international patents, trademarks and copyrights, the negotiation and enforcement of intellectual property transactions and licensing agreements and the representation of corporations and individuals in intellectual property disputes and related corporate matters. Joe is experienced in trials before the Trademark Trial and Appeal Board and the Patent Trial and Appeal Board.
Additionally, Joseph manages domain name arbitrations and performs due diligence for acquisitions of corporations and intellectual property portfolios. He prepares clients' worldwide intellectual property protection strategies and drafts and enforces client software agreements.
Joseph's extensive intellectual property experience has allowed him to conduct intellectual property seminars and advise art fair and museum clients regarding international copyright and trademark issues.
Professional Associations and Memberships
- International Trademark Association, 2005-Present
- Famous and Well-Known Marks Committee, 2022-2023
- Parallel Imports Committee, 2018-Present
- Chair - Task Force on Material Differences
- U.S. Legislative Committee, 2014-2015
- Anti-counterfeiting Committee, 2012-2013
- International Amicus Committee, 2010-2011
- The Florida Bar, Business Law Section
- Communications Liasion, Intellectual Property Committee, 2020-Present
- Advisor to Dranhoff International 2 Piano Foundation, 2013-2016
- Intellectual Property Advisor to Perez Art Museum of Miami, 2016-Present
- Florida Bar Media and Communications Law Committee 2006-2008
- Lecturer at the Art Institute of Ft. Lauderdale, 2008-Present
- Chair, Broward County Bar Association Intellectual Property Section 2002-2004; 2006-2012
- Member, Broward County Bar Association Bench and Bar Committee, 2004-2006
- Florida Bar Intellectual Property Committee and Computer Law Committee, 1992-2004
- Florida Bar Media and Communications Law Committee, 2012-Present
- Association of Food and Drug Officials, 1998-2001
- Englander, Joseph. "Intellectual Property Client Alert: USPTO Deadline Extensions," Fowler White Burnett Client Alert, 2 June 2020.
- Englander, Joseph. "Federal Rules Provide Useful Tools for Cannabis Cultivators" Daily Business Review, 31 October 2019.
- Englander, Joseph."Domain Demense" IPPro The Internet, 7 August 2018.
- Englander, Joseph. "Red Hen Confusion Is A Trademark Lesson For All" Daily Business Review, 17 July 2018.
- Englander, Joseph. "The Impact of GDPR: a US Perspective" IPPro The Internet, 10 July 2018.
- Englander, Joseph. “Red Hen Leads to a Good Trademark Lesson” 25 June 2018.
- Englander, Joseph. “FCC Repeals Net Neutrality Rules; Businesses Should be Vigilant for Effects” 14 December 2017.
- Englander, Joseph. “Bakery’s Declaration of Love Goes Rejected by FDA” 4 October 2017.
- Englander, Joseph. “Free Speech Clause Overcomes Disparaging Marks; Some Scandalous Marks Now Also Likely Registrable” 19 June 2017.
- Englander, Joseph. “SCOTUS Restricts Corporate Residence Definition, Easing the Burden of Patent Infringement Defense” 22 May 2017.
- Englander, Joseph. “Game On For Uniform Design Protection!” 22 March 2017.
- Englander, Joseph. “Federal Circuit Limits Covered Business Method Review to Specifically Claimed Financial Inventions” 22 Feb. 2017.
- Englander, Joseph. “Copyright Case Illustrates Importance of Informing Insurer Immediately” 12 Jan. 2017.
- Englander, Joseph. “U.S. Supreme Court Unanimously Reverses Award of Design Patent Infringement Damages in Apple v. Samsung” 6 December 2016.
- Englander, Joseph. “The Sale of Two Hats May Constitute Sufficient Use In Commerce For U.S. Trademark Registration” 17 November 2016.
- Englander, Joseph. “Apple Verdict Against Samsung Upheld By Full Panel of Federal Circuit” 7 October 2016.
- Englander, Joseph. “11th Circuit Guides on Whether a Bench Trial Occurs When MSJs Are Pending and Provides New Comprehensive Trademark Analysis” July 28 2016.
- Englander, Joseph. “Commercial Offer for Sale Factor of Patent On Sale Bar Analysis Clarified by En Banc Federal Circuit Opinion” 11 July 2016.
- Englander, Joseph. “Biosimilar Process Clarified by Federal Circuit Decision on Biologics Act” 5 July 2016.
- Englander, Joseph. “SCOTUS holds that an appeal to review a PTAB decision whether to hold an IPR is DOA” 20 June 2016.
- Speaker, "IP Issues Facing 501(c)(3) Organizations," Charitable Planning and Exempt Organization Committee Year End Meeting, The Florida Bar Real Property, Probate and Trust Law Section, December 9, 2022
- Speaker, "Business Structure - Which Should I Choose?" Tampa Bay Women's Business Centre, January 2020.
- Speaker, "Trademark Registration: Overcoming Failure-to-Function Refusals, Meeting Use and Distinctiveness Requirements," Strafford, April 2020.
- Moderator, "Potential Health Risks & Regulatory Hurdles Associated with Cannabis & Its Concentrates," American Bar Association's 2020 environmental & Energy Mass Torts and Products Liability Litigation Committees' Joint Regional CLE Program, January 2020.
- Guest Speaker, “In Clear Focus: CBD Marketing and the Law,” In Clear Focus Podcast, November 2019.
- Speaker, "Trademark Failure to Function," 10th Annual Florida Bar IP Symposium, April 2019.
- Speaker, "Top 10 Intellectual Property Questions and Issues," Miami Execs Breakfast Seminar, April 2019.
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