Ashley J. Earle

Associate

Ashley is an intellectual property and information technology attorney who focuses her practice on trademark, data security and privacy, technology transactions, and intellectual property licensing. She manages and provides strategic counseling involving large and small trademark portfolios, as well as adversarial proceedings before the Trademark Trial and Appeal Board (TTAB), helping clients to create and enforce brands and their related intellectual property on a global scale. She also advises clients with regard to data security and privacy compliance, and regularly negotiates IP and IT contracts on behalf of clients.

Ashley is a Certified Information Privacy Professional (CIPP/US) by the International Association of Privacy Professionals (IAPP). She is registered to practice before the U.S. Patent and Trademark Office (USPTO).

Education & Admissions

Education

  • Kentucky Wesleyan College

    (B.S., Chemistry, cum laude, 2012)

  • University of Cincinnati College of Law

    (J.D., magna cum laude, 2015)
    Cincinnati Law Review, Intellectual Property & Computer Law Journal

Admissions

  • State of Ohio
  • U.S. District Court, Southern District of Ohio
  • U.S. Patent & Trademark Office

Experience

REPRESENTATIVE EXPERIENCE

  • Counsels clients on domestic and international trademark strategies and portfolio management.
  • Prosecutes trademark applications and manages global portfolios, including searches and opinions, new filings, renewals and maintenance, conducting
    due-diligence, and counseling on domestic and international strategies and portfolio management.
  • Enforces clients’ IP rights against trademark and copyright infringers, and defends clients against such allegations by competitors.
  • Provides practical and effective advice concerning data privacy and cybersecurity agreements, policies and events, and remediation, including breach incident response, drafting policies, and counseling clients regarding the General Data Protective Regulation (GDPR), California Consumer Privacy Action (CCPA), California Privacy Rights Act (CPRA), the Health Insurance Portability and Accountability Act (HIPAA), Children’s Online Privacy Protection Act (COPPA), Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM), and Gramm-Leach-Bliley Act (GLBA), and assists with incident response and mitigation.
  • Drafts and negotiates agreements, including commercial agreements, non-disclosure and confidentiality agreements, joint development agreements, technology agreements, software as a service (SaaS) agreements, data processor agreements, master services agreements, supplier and retailer agreements, and intellectual property licenses (patent, trademark, and trade secret licenses).
  • Prepares and files copyright registrations and memorializes trade secrets.
  • Litigation experience includes support of patent-related proceedings before the International Trade Commission (ITC), trademark disputes in federal district court, trademark opposition and cancellation proceedings before the TTAB, and contract-based and trade secret-based litigation.

Publications & Presentations

Publications

  • “Corporate Executive Guilty of Concealing Data Breach, Faces 8 Years in Federal Prison,” (October 2022)
  • “Making Crypto Less Cryptic – President Biden Issues Executive Order on Digital Assets,” (March 2022)
  • “Taking (Crypto) Criminals to Task: U.S. Deputy AG Monaco Announces New Cybercrime Taskforce,” VAXU, (March 2022)
  • “Does My Business Need a Privacy Policy?” (February 2022)
  • “Who Dey! How to Cheer on Your Cincinnati Bengals Without Committing Trademark Infringement,” (February 2022)
  • “What the Hack?! Data Breaches, Ransomware and How Counsel Can Help,” (November 2021)
  • “OPPA! New Proposed Legislation Hits the Floor With the Introduction of Ohio Personal Privacy Act: HB 3767,” (July 2021)
  • “Not “So” Fast – Supreme Court Limits Reach of CFAA in Van Buren v. United States,” (July 2021)
  • Google v. Oracle – SCOTUS Decides Landmark Software Copyright Case,” (April 2021)
  • “How Your Intellectual Property Can Make or Break a Merger,” Beverage Master Craft Spirits & Brew Magazine, (February/March 2021)
  • “Don’t be a Mark in a Trademark Scam: Signs of a Scam” (2020)

Presentations

  • “Cyber Security Forum,” Panel Member, Cincinnati Business Courier (October 2022)
  • “Data in the Cloud – Feet on the Ground,” CincyIP, (March 2022)
  • “Data in the Cloud – Feet on the Ground,” Cleveland Intellectual Property Law Association, (December 2021)
  • “Cybersecurity Forum,” Panelist, Cincinnati Business Courier (November 2021)

Involvement

PROFESSIONAL AFFILIATIONS

  • Cincinnati Bar Association
  • International Association of Privacy Professionals
  • CincyIP (President)
  • Intellectual Property Owners Association (Trademarks Committee)
  • CincyBrand (Steering Committee)

COMMUNITY INVOLVEMENT

  • Pro Bono Partnership of Ohio (Volunteer)

Honors

HONORS

  • Named to the Ohio Super Lawyers Rising Stars list (2022)
  • Named to The Best Lawyers in America: Ones to Watch, Intellectual Property Law (2022; 2023)
  • Named a Cincy Leading Lawyer in Intellectual Property in a survey of lawyers by Cincy Magazine (2022)