Richard D. Rivera is a Partner in the Litigation and Intellectual Property practices of Smith, Gambrell & Russell, LLP.
Mr. Rivera works both in the Litigation and Intellectual Property Practice Groups. His litigation practice is focused on commercial litigation, with an emphasis in defending actions brought under consumer protection statutes, such as the FDCPA, FCRA, TCPA, and their state-level counterparts, and intellectual property litigation. Mr. Rivera has also handled various matters concerning real estate transactions and is available to assist in most business disputes.
Mr. Rivera’s intellectual property practice is concentrated in advising clients in matters involving intellectual property (trademark and copyright), compliance with state and federal laws governing sweepstakes and other promotional activities, software and internet technology, marketing, and licensing issues. Mr. Rivera also prosecutes trademark and copyright registrations before the United States Patent and Trademark Office and the United States Copyright Office.
Mr. Rivera received his B.A. in Economics from the University of Florida in 2009. He earned his J.D. degree, cum laude, from the Florida State University College of Law in 2013, where he was a member of the Florida State University Law Review, an Article and Notes Editor of the Journal of Land Use and Environmental Law, and an Article Selection Editor on the Journal of Transnational Law & Policy. He is admitted to practice in state and federal courts in Florida.
American Bar Association, Managing Director of Administration of the Young Lawyers Division (2022-2023)
International Trademark Association
ACA International (Association of Credit and Collection Professionals)
Technology and Communications Committee Chair, ABA House of Delegates
Membership and Marketing Committee Co-Chair, ABA Litigation Section
Florida Bar, Mental Health and Wellness of Florida Lawyers Committee (Chair: 2023-2024)
Interviewed, “Florida Mental Health Committee Chair Talks Burnout, Plans,” Law360 Pulse, August 2023.
Interviewed, “Pushing Yourself Too Hard? Your Health And Wellness Matters,” Young Lawyer Rising podcast, June 2023.
“Quixotic Applicant Cannot Register Tilted Windmill Design.” INTA Bulletin, Volume 72 No. 16, September 2017.
Contributor, “United States.” Brand Protection Online: A Practical Guide to Protection from Online Infringement. Jeremy Blum. Globe Law And Business, 2017. 307-322. Print.
Incontestable Status Does Not Preclude Later Genericness Finding, September 2016.
El Estatus de Indiscutible no Excluye Posteriores Hallazgos de Genericidad, September 2016.
Federal Appellate Court: Litigants Cannot Re-Raise Priority Issues Decided by the TTAB, August 2016.
TTAB Refuses Trademark Based on Non-Exclusive Use, June 2016.
Trademark Trial and Appeal Board Clarifies Discovery Obligations, April 2016.
“Without a Harm to Stand On” Author, February 2016
“Spokeo v. Robins: Can Claims without Damages Continue?” Presenter, December 2015.
