Meet Jessica

Jessica Neer McDonald, Esq. provides legal counsel on brand protection and creative content. From application to registration, in licensing or enforcement, she has represented clients across a variety of industries on intellectual property issues.

She draws from her 7+ years of experience counseling clients, negotiating and drafting contracts, litigating in the Trademark Trial and Appeal Board and federal courts, and customizing global brand strategy. Moreover, her background in local, state, and federal government, including service as a General Counsel, enable swift navigation of regulatory landscapes.

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CREDENTIALS

Admissions

Florida

Education

Magna cum laude from the University of Miami School of Law, J.D. Miami Scholar
Magna cum laude from the University of Florida, B.A./B.A. in Latin American Studies and Political Science

Languages

English, Spanish, Portuguese (Proficient)

PUBLICATIONS, MENTIONS, & EVENTS

Director for Federal Bar Association, South Florida Chapter 2017- Present
International Trademark Association, Internet Law Committee 2022-Present
Super Lawyers® Rising Star 2020, 2021, 2022, 2023 - an award based on professional achievement in legal practice and peer recognition, among other factors

Certified Information Privacy Professional/United States by the International Association of Privacy Professionals 2020, 2021, 2022

RECOGNITION & LEADERSHIP

The Moore Miami, Creativity, Intellectual Property, and Artificial Intelligence (AI), October 29, 2024 (presentation)
StartUP FTL, Trademark and Copyright for Startups, October 2, 2024 (presentation)
Music Tech Conference, The Changing Landscape of Global Rights Management: Challenges and Opportunities in the Music Industry, June 2024 (conference presentation)
Non Fungible Conference, Trademark and Copyright Issues for Digital Artists, May 2024 (conference presentation)
Palm Beach State College, AI (Artificial Intelligence) Places & Spaces, April 2024 (conference presentation)
NFT NYC, Strategic NFT IP Licensing Issues, April 2024 (conference presentation)
U.S. Copyright Office and U.S. Patent and Trademark Office, Non-Fungible Tokens and Intellectual Property - A Report to Congress, March 2024 (quoted)
ALT Legal & Corsearch Live, The AI Brandwagon: Why AI is becoming so popular for trademark practice, March 2024 (conference presentation)
Federal Bar Association, South Florida Chapter, Artificial Intelligence (AI) in the Federal Practice, February 2024 (webinar presentation)
South Florida Tech Hub TECHpalooza, The Future of Creativity: AI in Art & Design, December 2023 (presentation)
Artivive Virtual Augmented Reality (AR) Art Summit, Beyond the Canvas: The Future of Art and Technology, November 2023 (presentation)
Jessica Neer McDonald and Gabrielle Dubilier, USPTO Proposes Trademark Fee Increases, Federal Bar Association IP Examiner (Summer-Fall 2023)
Sam Tayyari, Exploring Digital Ownership: A Comparative Study of the Legal Property Rights of Digital Art and Collectibles in the USA and Australia, 32 The Onyx Journal 102 (2023) (interviewed)
Michael Bodley, Yuga Labs’ intensifying IP takedowns spur CryptoPunk backlash, July 18, 2023 https://blockworks.co/news/yuga-labs-nft-takedowns (quoted)
Richard Whiddington, A U.S. Judge Permanently Banned Digital Artist Mason Rothschild From Selling His ‘MetaBirkin’ NFTs, Handing a Win to Hermès, June 27, 2023 https://news.artnet.com/art-world/mason-rothschild-hermes-metabirkin-banned-in-us-2328232 (quoted)
Jessica Neer McDonald and Jonathan Schmalfeld, NFT’s; NIL; NFA: Understanding the Right to Publicity Associated with Digital Assets, 9 St. Thomas J. of Complex Litig. 51 (2023)
St. Thomas University School of Law, Journal of Complex Litigation, Cryptocurrency Symposium, IP panelist, March 24, 2023 (presentation)
Winston Cho, Hermès Wins Trademark Suit Over MetaBirkins in Verdict Finding NFTs Aren’t Art, February 8, 2023 https://www.hollywoodreporter.com/business/business-news/hermes-wins-metabirkins-suit-over-birkin-bag-nfts-1235320819 (quoted)
Isaiah Poritz, First NFT Trademark Trial Pits Hermès Against MetaBirkin Artist, January 27, 2023 https://news.bloomberglaw.com/ip-law/first-nft-trademark-trial-pits-hermes-against-metabirkin-artist? (quoted)
Jessica Neer McDonald, Blockish IP: The Top IP Events That Affected Emerging Technologies in 2022, January 9, 2023 https://ipwatchdog.com/2023/01/09/blockish-ip-top-ip-events-affected-emerging-technologies-2022/id=154971/
Web3 Summit, Web3 Legal Issues, December 1, 2022 (conference presentation)
Metaverse Miami, Blockchain Storytelling & Intellectual Property, November 30, 2022 (conference presentation)
Jessica Neer McDonald, Hard Forks & NFT IP, September 15, 2022
Around the Blockchain, Voices of Women in Crypto, September 6, 2022 https://aroundtheblockchain.substack.com/p/edition-no-18 (interviewed)
Ray Alvarez, Disclaimers and Drama - Yuga Labs v. Ryder Ripps, August 1, 2022 https://msq.io/news/disclaimers-and-drama-yuga-labs-v-ryder-ripps (interviewed)
Venture Miami - Miami for Everyone, NFT IP Licensing Workshop - What Did I Just Buy?, June 18, 2022 (presentation)
Web3Equity, Intellectual Property Considerations in Web3, May 23, 2022 (presentation)
Spellman-Hoeveler American Inns of Court - Bench & Bar Conference, Intellectual Property Ownership in Web3, February 18, 2022 (presentation)
Federal Bar Association, South Florida Chapter, Civil Discourse and Difficult Decisions Initiative, December 2017 - present (presentations)
The Lab Miami, Secure Your Brand & Innovations, February 28, 2017 (presentation)
Jessica Neer McDonald, New Brand: Some Trademark Considerations When Creating Your Shiny New Brand, Dade County Bar Association Bulletin, Winter 2017
Jessica Neer McDonald, Applying Domestic Statutes to Foreign Conduct: How Much Does Kiobel Touch and Concern the Presumption Against Extraterritorial Application, 47 U. MIA Inter-Am. L. Rev. 354 (2016) https://repository.law.miami.edu/umialr/vol47/iss2/9