Mr. John Sherman Farmer | Attorney
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About John
John wears two hats - columnist and lawyer. He writes a monthly column, Leading-Edge Law, for the Richmond Times-Dispatch on breaking legal issues in the e-commerce, intellectual property and high-tech fields.
When wearing his lawyer hat, John devotes his practice entirely to intellectual property, e-commerce and other high-tech issues. He frequently works with both existing businesses and start-ups to identify, form, protect and license intellectual property, and to build or upgrade technology commercialization and e-commerce strategies. In these subject matters, John's practice spans both corporate matters and litigation.
Outside of litigation, John's practice has included the following matters:
- Representation of a large, publicly traded company in the drafting and negotiation of over 80 software license, software development, application service provider, technology services, employee confidentiality/intellectual property, and other e-commerce agreements.
- Representation of a large, publicly traded company in outsourcing to an Indian technology services firm.
- Representation of existing companies and new ventures in corralling intellectual property rights in its new products, strengthening those intellectual property rights, and licensing them or the products utilizing them.
- Representation of large and small companies, including advertising agencies, in clearing potential trademarks, prosecuting federal trademark registration applications, maintaining registrations, and coordinating foreign trademark registration applications and maintenance.
- Representation of large and small companies in maximizing or registering copyright protection for Web sites and other creative works, and fending off copyright infringers.
- Counseling of publicly traded and privately held companies regarding open source software issues.
In intellectual property and technology litigation, John's practice has included the numerous cases in federal court and in the Trademark Trial and Appeal Board. These cases have included the following subject matters:
- Trademark and service mark infringement, and unfair competition.
- Copyright infringement and copyright abuse.
- Web domain name cypersquatting.
- Internet access provider agreements.
- Trade secret misappropriation.
- ERP software implementations.
- Software license breaches.
John has served in the following leadership positions in the bar:
- Chairman, Trademark Public Advisory Committee of the United States Patent and Trademark Office (appointed to a three-year term by the U.S. Secretary of Commerce, starting on June 26, 2008).
- Past chairman, Board of Governors of the Intellectual Property Section of the Virginia State Bar.
- Past president, Greater Richmond Intellectual Property Law Association.
- Vice Chairman and Section Council member, Virginia Bar Association Intellectual Property & Information Technology Law Section.
- Former member, the Advisory Committee on Intellectual Property Issues to the Virginia General Assembly's Joint Commission on Technology and Science.
- Former member, Virginia State Bar Special Committee on Information Technology.
- Past chair, Judicial Selection Committee of the Virginia State Bar.
- John also is a member of the American Intellectual Property Law Association and the International Trademark Association.
John is frequently called upon to teach other lawyers in the areas of intellectual property and e-commerce. His past and upcoming speaking engagements include the following organizations:
- Virginia CLE (the continuing legal education arm of the Virginia State Bar); frequent speaker, and co-founder and co-moderator of its Information Technology Legal Institute.
- Virginia State Bar (at its Annual Meeting) and the Fall Weekend Seminar for its Intellectual Property Section.
- American Intellectual Property Law Association (twice at its Annual Meeting, including a plenary session).
- Direct Marketing Association, Richmond Chapter.
- Caucus Annual Meeting (an association of technology procurement professionals).
- Georgetown University Law Center's Annual Advanced Computer and Internet Law Institute.
- Greater Richmond Intellectual Property Law Association.
- Richmond Bar Association, including its Corporate Counsel Section.
- University of Virginia School of Law, Society of Law and Technology.
- University of Virginia McIntire School of Commerce, for its masters program in the Management of Information Technology.
- University of Virginia Darden School of Business.
- Virginia Commonwealth University's Office of Technology Transfer.
John has earned the following honors for his intellectual property practice:
- Chambers USA recently released updated rankings for its 2009 Client's Guide. Chambers USA bases its evaluations on interviews of other lawyers and of clients. It tabbed the Leading-Edge Law Group, PLC, as a recommended intellectual property law firm for Virginia, and tabbed John Farmer as being in the top rank of reommended IP lawyers in Virginia. Chambers also recommended this firm and John Farmer in 2005-2008.
- John Farmer has been listed in the 20010 edition of Best Lawyers in America in the field of intellectual property law. This ranking is based upon a confidential peer-review survey of other intellectual property lawyers. Best Lawyers in America also listed John in intellectual property law in 2007, 2008 and 2009.
- John Farmer has been tabbed as a top intellectual property attorney in the 2009 Virginia Super Lawyers. SuperLawyers.com and Richmond Magazine produced this listing jointly. The listing is based upon approximately 19,000 ballots to Virginia lawyers plus research done by the listing producers. Attorneys were not permitted to nominate themselves in the polls. John also was listed in the 2006, 2007 and 2008 rankings.
- Virginia Business magazine recently profiled John Farmer as a top Virginia IP lawyer in its 2008 "Legal Elite" poll. Virginia Business based its listing on ballots from over 1600 Virginia attorneys. Virginia Business profiles only one attorney in each practice area, and states that each profiled attorney was in the top ten in voting in that practice area.
- Virginia Business listed John as one of the top intellectual property attorneys in its 2008 ratings, based upon a survey of lawyers. This is the sixth time that John has been included on this list.
- John holds an "AV" rating from Martindale-Hubbell. AV is the highest rating given by Martindale-Hubbell. Martindale-Hubbell states that this rating "reflects an attorney who has reached the heights of professional excellence, and has usually practiced law for many years and is recognized for the highest levels of skill and integrity."
Educational Background and Clerkships:
- Bachelor of Arts, University of Virginia, 1985.
- Juris Doctor, University of Virginia, 1988.
- Clerk, for the Honorable Donald H. Kent, the Honorable Donald M. Haddock and the Honorable Alfred D. Swersky of the Circuit Court for the City of Alexandria, Virginia, 1988-1990.
- Clerk, for the Honorable Donald S. Russell of the United States Court of Appeals for the Fourth Circuit, 1989-1990.
- Clerk, for the Honorable James C. Cacheris of the United States District Court for the Eastern District of Virginia, 1990-1991.
Prior to founding this firm, John was a partner in the Richmond law firm Mezzullo & McCandlish, PC.
Admission
Illinois