Deborah L. Lively

Contact:

E: debbie.lively@fisherbroyles.com

Direct: (469) 340-2060

Mobile: (214) 906-5422

Dallas Office

vCard

Deborah L. Lively

Practice Areas:

  • Contests & Sweepstakes
  • Intellectual Property
  • Internet & eCommerce
  • Technology

Bar Admissions:

  • Texas
  • U.S. Dist. Ct., N. Dist. Texas

Education:

  • Dedman School of Law, Southern Methodist University, J.D., cum laude, 2002; Managing Editor, Computer Law Review and Technology Journal
  • Southern Methodist University, B.A., Chemistry; B.S. Biology, summa cum Laude; Phi Beta Kappa, 1984

Large Law Firm Experience:

  • Thompson & Knight

Deborah (“Debbie”) concentrates her practice on intellectual property, licensing, Internet policies, software agreements, sweepstakes rules, and privacy law. A large part of her practice involves advising clients on trademark clearance, prosecution, and enforcement clients on intellectual property transactions including TTAB proceedings. Her practice also includes assisting clients with intellectual property issues on social media, copyright applications and enforcement, publicity rights, and location releases, and other intellectual property agreements.

Ms. Lively represents clients in a wide variety of industries including the food and beverage industry, consumer goods, retail sales, software development, nonprofit organizations, and transportation services.

For the past three years, Debbie has been ranked by the World Trademark Review 1000 as one of the top trademark attorneys in Texas, having been recognized by clients a “lightning rod for praise” and “responsive, timely and cost effective.”  In the World Trademark Review 2017, she was described as “tireless worker, readily available and prompt with her responses” and was recognized for her “tenacity for making sure that every single detail in a transaction is correct.”  She was also selected as a Texas Rising Start 2010-2011.

Member, American Bar Association; Contributing Author, Intellectual Property Section Annual Review, 2010-2011

Member, Dallas Bar Association; Council Member, Intellectual Property Section, 2010-2014

Member, State Bar of Texas; Intellectual Property Section

Board of Directors, Duncanville Independent School District Education Foundation, 2016-2019; Vice President, 2017

Board of Directors, The Arts Community Alliance (TACA)

Representative Transactions

  • Represented a national retail business in the prosecution and management of a large trademark portfolio for domestic and international marks
  • Advised a national specialty pharmacy in a pharmacy management software license and support services agreement
  • Counseled a large entertainment venue on location releases, concessionaire agreements, and trademark protection and enforcement
  • Negotiated publishing agreements for the numerous authors
  • Represented clients in Trademark Trial and Appeal Board in numerous oppositions and cancellation proceedings
  • Represented a major performing arts group in recording and distribution contracts
  • Prepared and filed numerous UDRP complaints on behalf of trademark owners
  • Advised numerous corporate clients on intellectual property assets transferred or acquired through mergers and acquisitions
  • Provided analysis of software licenses for a major transportation company
  • Prepared Internet terms of use for numerous nonprofit organizations

Presentations & Teaching Experience

  • “Publicity Rights and Social Media Policies” – Presenter at the State Bar of Texas 29th Annual Advanced Intellectual Property Law Conference, San Antonio, Texas; February 17, 2016
  • “Social Media at Work: #TrendingTopics” – Co-presenter before Association of Corporate Counsel in Dallas, Texas; September 29, 2015
  • “Commercializing and Protecting Intellectual Property in an Increasingly Open and Fluid World” – Co-presenter at UT 32nd Annual Nonprofit Organizations Institute; January 16, 2015
  • “Employees Gone Wild! Social Media and the Workplace” – Co-presenter at the BDO Mid-Year Accounting and Tax Updates Seminar Series and Women’s In House Network, Presented in Austin, Dallas, and Houston, Texas; 2012
  • “Trademarks and Copyrights: What You Need to Know to Protect Your Logos and Marks” – 2010 U.S. Youth Soccer Adidas Workshop, Fort Worth, Texas; February 2010

Publications

  • “Publicity Rights and Social Media Policies”; the State Bar of Texas 29th Annual Advanced Intellectual Property Law Conference, San Antonio, Texas; February 17, 2016
  • “Managing Risk in 140 Characters or Less: #BrandsOnTwitter” – Co-author of article published by ACC Association of Corporate Counsel; November 2015
  • “Commercializing and Protecting Intellectual Property in an Increasingly Open and Fluid World” – Co-author of article published in the Texas Tax Lawyer, Vol. 42, No. 3; Spring 2015
  • “Hot News Misappropriation Claim Fails to Survive Copyright Preemption”; Contributor, Annual Review of Intellectual Property Law Developments, ABA Section of Intellectual Property Law; 2011
  • “CALM Act Authorizes FCC to Regulate Volume of Television Commercial Advertisements”; Contributor, Annual Review of Intellectual Property Law Developments, ABA Section of Intellectual Property Law; 2011
  • “New Commercial Privacy Bill of Rights Act of 2011 Introduced to Congress”; Contributor, Annual Review of Intellectual Property Law Developments, ABA Section of Intellectual Property Law; 2011
  • “Attempts by Facilitator to Use Facebook Pages to Divert Customers to Third-Party Commercial Sites are ‘Electronic Mail Messages’ for Purposes of CAN-SPAM Act”; Contributor, Annual Review of Intellectual Property Law Developments, ABA Section of Intellectual Property Law; 2011
  • FTC Settles with Company That Failed to Provide Sufficient Notice of Company’s Disclosure of Children’s Information”; Contributor, Annual Review of Intellectual Property Law Developments, ABA Section of Intellectual Property Law; 2011
  • “Court Rejects Transformative Use and Public Interest Affirmative Defenses Asserted in a Publicity Rights Violation”; Contributor, Annual Review of Intellectual Property Law Developments, ABA Section of Intellectual Property Law; 2010