Elio F. Martinez, Jr. Attorney At Law

Go-to intellectual property lawyer collaborating with marquee brands in Florida and across the Americas. Known for extensive trial and appellate experience.  

Elio Martinez represents global brands in complex intellectual property litigation. His client collaborations include matters related to trademark counterfeiting, trademark infringement, copyright infringement, patent infringement, and trade secret misappropriation. Elio's global experience extends to helping clients operating across a range of sectors develop and implement anti-piracy efforts in the United States and internationally. He also advises emerging businesses and start-ups seeking to grow and protect their intellectual property assets.

In addition to his intellectual property work, Elio has extensive experience in complex commercial and financial services litigation and trials. He has represented lenders in multimillion-dollar litigation and workouts of troubled loans, as well as securities brokers in FINRA arbitration hearings. He is an arbitrator with the American Arbitration Association and 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 clients with a heightened degree of support in confronting legal challenges and bet-the-company circumstances.

As a complement to his client work, Elio has shared his experience with law students as an adjunct professor of intellectual property law and as a regular contributor to business and legal publications. He has also lectured widely on myriad legal subjects, including trade secret protection and the effective use of expert witnesses in intellectual property litigation.

• Notable Work
  • 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)
  • Musselman v. Blue Cross and Blue Shield of Ala., 2013 U.S. Dist. LEXIS 117828/2013 WL 4496509 (S.D. Fla. 2013)
  • Ultra Prods. V. Antec, Inc., 2009 U.S. Dist. LEXIS 97498 (M.D. Fla. 2005)
• Recognition
  • Best Lawyers in America, Commercial Litigation, 2021-2023
  • Florida Super Lawyers, 2015-2020
  • South Florida Legal Guide, Top Attorney Corporate and Business, 2015-2021
• Insights
  • "Copyright Protection and Theft of Ideas,"  Daily Business Review, April 6, 2022
  • 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
• Affiliations
  • Defense Research Institute, Intellectual Property Litigation Committee
  • Fordham University Alumni Association, Miami Chapter, President
  • International Association of Defense Counsel, Member
  • International Trademark Association, Member
  • New York University Alumni Association, Vice President
  • New York University Law Alumni Association, Board Member
  • Casablanca Academy, Board Member
  • ProVisors
  • Florida Lawyers Network
  • Miami Marlins Members Committee
• Credentials
  • J.D., New York University School of Law, 1985
  • B.A., Fordham College, 1982, summa cum laude
• 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
• Languages
  • Spanish