Mark J. Diliberti is a partner and intellectual property lawyer with Foley & Lardner LLP. Mark counsels clients on all aspects of intellectual property, including trademarks, copyrights, licensing, enforcement, litigation and advertising. He is co-chair of the firm's Trademark, Copyright & Advertising Practice, which has been recognized as a national Tier 1 practice by U.S. News – Best Lawyers® “Best Law Firms” (2013-2017) and Chambers USA (2013-2014), and was recommended by The Legal 500 (2015-2017). The practice also was ranked by Managing Intellectual Property Magazine in the areas of contentious practice and prosecution (2015) and recognized by the World Trademark Review's "WTR 1000" directory for its trademark enforcement and litigation capabilities (2014-2015).
Mark's practice encompasses: strategic brand development, clearance and risk assessment; global portfolio management, enforcement and defense; trademark licensing and related agreements (sponsorship deals, performance contracts, rights agreements); and intellectual property aspects of business transactions such as mergers and acquisitions, financing and joint ventures.
Mark has substantial experience with protecting unique and distinctive features of products (such as color and shape) as trade dress and copyrights. He has also presented on this topic (available at Foley.com).
In 2012, 2013, 2014, 2016, and 2017, Mark was recognized by The Legal 500 for his work in trademarks: non-contentious and in 2016 and 2017 was recognized for his work in marketing and advertising. Also in 2013 and 2014, M: Milwaukee's Lifestyle Magazine recognized Mark as a Leading Lawyer in IP. He was selected for inclusion in the 2006 and 2007 lists of Wisconsin Super Lawyers – Rising Stars®. He also received the firm's Intellectual Property Department Founder’s Award in 2006, recognizing his service to clients, his colleagues and the firm.
Mark served on the firm's national recruiting committee from 2002-2014, leading the intellectual property recruiting efforts for the Milwaukee Office. He also served for several years on the firm’s national associate’s committee.
Mark received his J.D., with honors, from the University of Chicago Law School (1998). A Phi Beta Kappa member, he earned his Bachelor of Arts, in English and philosophy, from Marquette University (summa cum laude, 1995).
Affiliations and Professional Memberships
Mark is a member of the International Trademark Association and the Milwaukee Bar Association. He currently serves on the board of the Milwaukee Repertory Theater (2012-15) and of the East Town Association/Music in Milwaukee.
Mark is also a musician, active in the Milwaukee music community and band member in Floor Model, The Riverwest Aces and Bright Lights, Big City.
Mark is a leading intellectual property lawyer on M&A and due diligence issues, and is a chapter co-author of the treatise, “Due Diligence for Intellectual Property: Valuing Assets in a Transaction” published in Law Journal Press (2014). He has also been a contributing author for the World Copyright Report and has published in the ABA IPL Newsletter.
Mark is admitted to practice in Wisconsin.
Publications and Presentations