J. Mark Smith

J. Mark Smith Special Counsel

  • Education
  • J.D., University of Michigan Law School, Ann Arbor, Michigan, 1972
  • B.S., Engineering Design and Economic Evaluation, University of Colorado, Boulder, Colorado, 1969
  • Admissions
  • Colorado, 1972
  • U.S. District Court, District of Colorado, 1972
  • U.S. District Court, District of Columbia, 2007
  • 10th Circuit Court of Appeals, 1972
  • Federal Circuit Court of Appeals, 1994
  • U.S. Patent and Trademark Office, 1994
  • Supreme Court of the United States, 1995
  • Admitted pro hac vice in Wyoming, California, Washington, Arizona and Texas.
  • Experience
  • Professional Associations
  • Publications and Speeches

J. Mark Smith has over 30 years of trial experience in the enforcement of intellectual property rights. He focuses his practice in the areas of patent, trademark, trade secrets and copyright law. Mark advises clients in matters related to business and competitive conduct, rights clearance, non-infringement and right to use opinions, M&A due diligence, agreements for joint venture, licensing, employee and consultant rights, distribution relationships, internet and software transactions, data breach response and notification compliance licensing, and litigation in federal and state courts.  He has the experience to help innovators, creative content providers (such as artists, composers, architects, authors, and photographers), problem solvers and businesses of every type preserve, protect and build their business and their proprietary rights and hard earned reputation and goodwill. Mark has authored and co-authored several publications in the field of copyright law, including the American Bar Association’s 2017 publication Copyright Litigation Strategies, a 780-page hardback resource in which Mark composed Chapter 5: “Preliminary and Injunctive Relief in Copyright Litigation.”

Outside of the office, Mark enjoys climbing, hiking, mountaineering, skiing, photography, and fly fishing. He is also active in competitive Tomiki Aikido and expects to test for his Black belt later this year.

Mark is peer rated AV® 5.0 Preeminent™ by Martindale-Hubbell in intellectual property. 

He was named a 2015, 2016 and 2017 Colorado Super Lawyer in the field of Intellectual Property.

  • American Bar Association: Litigation Section; Intellectual Property Section
  • Colorado Bar Association: Litigation Section; Patent, Copyrights and Trademarks Section; Intellectual Property Section; Legislative Policy Representative, 2005, 2006, 2007, 2008
  • Denver Bar Association
  • Federation of Insurance and Corporate Counsel, 1980-1996; Chair, Intellectual Property Committee
  • Master, Marsh Inn of Court and IP Inn of Court
  • Copyright Litigation Strategies, 780 pg. hardback resource and reference work,  author of Chapter 5: “Preliminary and Injunctive Relief in Copyright Litigation,” published by the American Bar Association , the Intellectual Property Law Committee 
  • Contributing Author for the Intellectual Property Chapter of “Legal Opinion Letters,” Aspen Publishers, 2003 Edition
  • Copyright and Intellectual Property for IPI, October 2002
  • Copyrights, University of Denver, Summer IP Program, Summer 2002
  • Copyright Society, Presentation on Copyright Litigation, Meeting 2001
  • “Valuing Intellectual Property, Overview of Intellectual Property Assets,” CLE in Colorado, Inc., October 2000
  • “Copyright in the Electronic Age, Infringement and the Internet: Determining Jurisdiction and Damages; Recent Case Law and Development,” CLE in Colorado, February 2000
  • Colorado Lawyers for the Arts, Lecturer on artists’ rights in trademarks, copyrights, and unfair trade practices
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