Top Rated Intellectual Property Litigation Attorney in Phoenix, AZ

Scholarly Lectures/Writings

• The Arizona Court of Appeals recognized the right of publicity and determined that right survives the individual's death and may be brought by the individual's heirs., Arizona Court of Appeals Recognizes Right of Publicity While Protecting Free Speech in Precedent Setting Case, JaburgWilk.com
• If you want to use photographs, graphics, or other content without paying a fee or by paying a one-time fee rather than an ongoing royalty, it is important that you understand the law to avoid subjecting yourself or your business to a copyright infringement claim., Royalty-Free and Open License Works, JaburgWilk.com
• Whether the content is text, drawings, graphics, photographs, or sound recordings, the rule is always that if it is in the public domain, you can use it freely and without permission. Public domain is often misunderstood though. , When Can I Use Content Without Permission?, JaburgWilk.com
• Be sure that you actually own the copyrights to the content that you are reporting as infringed. Falsely reporting copyright infringement can be a violation of federal law that can subject you to a claim for damages, including costs and attorney fees., What Do I Do If My Copyrights Are Being Infringed?, JaburgWilk.com
• The Courts in other cases have held that it is copyright infringement to recreate a photograph if the photographer copies the protectable portions of a photograph, such as pose, lighting, and angle. , Copyrights and Photographs, JaburgWilk.com
•  If you are wondering how secure those interactions are, we analyzed Zoom’s security, legal, and privacy policies (which were updated on March 18, 2020) to help you stay informed without having to read all the fine print. Here are the highlights:, How Private is Zoom® Videoconferencing?, JaburgWilk.com
• In Oberdorf, the court sought to rectify an injustice where the truly liable party had fled.Although a noble gesture, the court eroded the traditional protections given online marketplaces to help one consumer who suffered unfortunate harm., Co-Author, How Amazon’s Liability for Third Party Products Will Harm Amazon Sellers, JaburgWilk.com
• The U.S. Court of Appeals for the Ninth Circuit issued an opinion in Erickson Productions, Inc. v. Kast. This case serves as another reminder to copyright owners that to enforce their copyrights in court and be eligible for statutory damages (and attorney’s fees), they must first register them., Protect Your Copyrighted Works and Avoid Liability for your Website, JaburgWilk.com
• In addition to satisfying the minimum requirements so Amazon permits your listing, there are legal requirements that can sneak up on you if you are not informed., Proper Use of Photographs on Amazon, JaburgWilk.com
• The U.S. Supreme Court has ruled copyright owners must register their copyrights before filing a lawsuit for copyright infringement., Co-Author, Copyright Update: Copyright Owners MUST Obtain Copyright Registration Before Filing Infringement Lawsuits, Intellectual Property
• Author of Protect Your Writings:  A Legal Guide for Authors, Protect Your Writings:  A Legal Guide for Authors
• The Supreme Court rendered its decision in what many refer to as the cheerleader uniform case.  Star Athletica, LLC v. Varsity Brands, Inc., Supreme Court Rules on Cheerleader Uniform Case, JaburgWilk.com
• Celebrity kitty Tardar Sauce aka “Grumpy Cat” has prevailed on its claims of breach of contract and trademark and copyright infringement against a beverage company for exceeding the scope of its license to use the brand to produce and market coffee products., Co-Author, Mildly Satisfied, Still Grumpy: Grumpy Cat Prevails over Infringers, JaburgWilk.com
• For an expert in defending website operators from against claims, choosing one tool is easy. Zeran v. AOL is the survivalist’s kit for websites., 'Zeran v. AOL': The Anti-Circumvention Tool, JaburgWilk.com
• There are many great reasons to register your trademark with the United States Patent & Trademark Office. , Trademark Owners Beware of Chinese Domain Name Marketing Ploy, JaburgWilk.com
• There are a number of legal restrictions that apply when a marketer decides to present a product as having been made in the United States., Born in the USA: When Can Products Be Marketed as “Made in the USA”?, JaburgWilk.com
• Copyrights protect “original works of authorship,” which include paintings, illustrations, sculpture, photographs, books, articles, poems, movies, songs, recordings, logo designs, website content, software code, and the like., Co-Author, Why Register My Copyrights? The Benefits of Copyright Registration
• Fair use is a defense to a claim of trademark infringement. , Co-Author, Fair Enough: The “Fair Use” Defense to Trademark Infringement, JaburgWilk.com
• There are an increasing number of cases where an employee’s use of social media has created problems for the employer, Why Employers Need Social Media Policies, JaburgWilk.com
• All brand owners are faced with difficult decisions regarding how aggressively to police their brands. , Celebrity Brands: The Line Between Fair Use and Infringement, JaburgWilk.com
• After stripping away the media hype, what's left is a genuinely fun game that encourages its players to trek around that has a Terms of Use and a Privacy Policy that are quite typical of games of its  type  and  no  more  onerous  than  any  of  the  popular  social  media  sites., Co-Author, Does Pokémon GO Lure You in With a Dangerous Privacy Policy and Terms of Use?
• A recent case decided by the Ninth Circuit Court of Appeals, which is the federal appellate court for Arizona and California, has made a predictable determination that a sequence of yoga moves cannot be protected as intellectual property. , Stretching Copyright Law Too Far: A Sequence of Yoga Poses Are Not Copyrightable, JaburgWilk.com
• People for the Ethical Treatment of Animals (PETA) filed a copyright infringement lawsuit on behalf of a crested macaque monkey, who famously snapped a smiling selfie of himself using wildlife photographer David Slater's camera, Co-Author, Monkeying with Copyrights: Who Owns the Monkey Selfies? A Lesson in Copyright Ownership, JaburgWilk.com
• The Ninth Circuit issued a decision that can be an important tool to help copyright owners enforce their rights., The Ninth Circuit Helps Copyright Owners Battle Widespread Infringement in Glacier Films v. Turchin, JaburgWilk.com

Bar/Professional Activity

• Arizona State Bar Association, past chair of the Intellectual Property Law Section
• Faculty member of the Internationally Acclaimed CEO Space Forums 
• Member of American Arbitration Association®’s Roster of Arbitrators and Mediators
• International Trademark Association
• Arizona State Bar Association, past chair of E-commerce and Technology Section
• Member of the International Trademark Association, 2019

Pro bono/Community Service

• Chair Elect of the YWCA of Metropolitan Phoenix (non-profit), Board of Directors

Verdicts/Settlements

• Protecting intellectual property on the Web. Maria has successfully defended a controversial website in multiple lawsuits against it, dealing with complex intellectual property and free speech issues. In each case she forced the matter to be dropped, dismissed, or settled with the other side paying damages to her client.
• Closing the page on an infringing publication. When a popular Utah magazine became the victim of copyright infringement and trade-secret theft, Maria stepped in to help, obtaining an injunction and damages and closing down the competing business within three months of filing the complaint.
• Member of the Million Dollar Advocates Forum

Videos

• Intellectual Property and Internet Law
• What is a domain name?
• Are website terms of use enforceable?
• Can a website copy terms of use or a privacy policy from a similar website?
• Registering Trademarks - Intellectual Property
• What Damages Can I Recover If My Copyright Is Infringed Upon?
• Are websites legally responsible for content posted by their users?
• Are there going to be new generic top level domains available in the future?
• What is the Difference Between a Trade Name and a Trademark?
• What is Intellectual Property?
• Do I need permission to use images from Google on my website?

Educational Background

• Hofstra University, cum laude, 1985
• Suffolk Community College, summa cum laude, 1983

Honors/Awards

• Member of American Arbitration Association®’s Roster of Arbitrators and Mediators, American Arbitration Association, 2019
• AVVO Rated - Superb, AVVO
• Arizona Business Leader -Intellectual Property Law, AZ Big Media, 2019
• Client Champion Gold, Martindale-Hubbell, 2020
• Voted Best Intellectual Property Law Firm , Arizona Foothills Magazine
• Recognition of Excellence , Litigation Council of America Fellow
• Women in the Law, Best Lawyers in America, 2017
• Rated AV Preeminent , Martindale-Hubbell
• Top 100 High Stakes Litigator, High Stakes Litigation, 2017
• Copyright Law and Trademark Law, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, Best Lawyers in America
• Client Champion Silver 2017, 2018, 2019, Martindale-Hubbell
• Lawyer of the Year, Technology Law, 2016 & 2019, Best Lawyers in America