Elio F. Martinez, Jr. Attorney At Law

Elio is a shareholder in the Miami office, focusing his practice on intellectual property litigation, specifically infringement of trademarks, patents and copyrights, as well as protection of trade secrets. He also has extensive experience in commercial litigation and financial services litigation. He has represented lenders in multi-million dollar litigation and work-out of complex troubled loans, and securities brokers in FINRA arbitration hearings. In addition to his trial experience, he has argued numerous appeals.

For more than 30 years, Elio has been litigating matters of trademark counterfeiting, trademark infringement, copyright infringement, patent infringement and trade secret misappropriation. His intellectual property experience also extends to helping clients, owners of world renown trademarks, develop and implement anti-piracy efforts in the United States and abroad. His clients have included many of the best-known brands in the world, as well small businesses seeking to develop and protect their intellectual property.

Elio regularly represents clients in international arbitration proceedings. His fluency in Spanish, coupled with his international background and understanding of the customs and procedures throughout the Americas, provides these clients with a heightened degree of comfort and support when confronting difficult issues and situations.  He is also an arbitrator with the American Arbitration Association.

• Background

  Elio has shared his in-depth experience with law students as an adjunct professor of intellectual property law. He has also lectured on matters such as trade secret protection and the effective use of expert witnesses in intellectual property litigation. He has published numerous articles for the American Bar Association and the South Florida Daily Business Review on such subjects as intellectual property, law firm management and mentoring of younger attorneys.

  Elio has been a speaker before the American Bar Association, the Defense Research Institute and the International Association of Defense Counsel on such topics as ethics, trade secrets, and the use of experts in intellectual property cases.

• Education
  • Fordham College, B.A. (summa cum laude, 1982)
    • Phi Beta Kappa
    • In Cursu Honorum
  • New York University School of Law, J.D. (1985)
• Admissions
  • Florida
  • District of Columbia
  • U.S. District Courts for the Southern and Middle Districts of Florida
  • U.S. Court of Appeals for the Eleventh Judicial Circuit
  • U.S. Supreme Court
• Professional Associations & Memberships
  • New York University Alumni Association, Vice President
  • New York University Law Alumni Association, Board Member
  • Fordham University Alumni Association, Miami Chapter, President
  • International Association of Defense Counsel, Member
  • Defense Research Institute, Intellectual Property Litigation Committee
  • International Trademark Association, Member
• Civic
  • Casablanca Academy
    • Board Member
• Reported Cases
  • Ultra Prods. V. Antec, Inc., 2009 U.S. Dist. LEXIS 97498 (M.D. Fla. 2005)
  • Musselman v. Blue Cross & Blue Shield of Ala., 2013 U.S. Dist. LEXIS 117828/2013 WL 4496509 (S.D. Fla. 2013)
  • Alpha Tech. USA Corp. v. Northern Dairy Equip., Ltd., 2018 U.S. Dist. LEXIS 9328/2018 WL 501598 (M.D. Fla. 2018)
  • Pincus v. Speedpay, Inc., 741 Fed. Appx. 720 (11^th Cir. 2018)
  • Pincus v. Speedpay, Inc., 161 F. Supp. 3d 1150 (S.D. Fla. 2015)
• Articles & Publications
  • Co-author, "Electronic Service on Chinese Companies and Individuals," International Law Quarterly, October 2020
  • "Presidential Branding: From 'Tippecanoe and Tyler Too' to Election 2020," Daily Business Review, September 8, 2020
  • "USPTO’s Aggressive Policy on Attorney Fees Questioned," Daily Business Review, Sept. 10, 2018
  • "New Vegas Hockey Team Battles On After Trademark Denial, Daily Business Review," January 1, 2017
• Awards & Recognitions
  • AV Preeminent® rated by Martindale-Hubbell
  • Best Lawyers in America, Commercial Litigation, 2021
  • Florida Super Lawyers, 2015-2020
  • South Florida Legal Guide, Top Attorney Corporate and Business, 2015-2020
• Languages
  • Spanish