Kevin W. Wimberly, Associate

Kevin W. Wimberly is an Associate with Walters Law Group, and provides representation primarily in the intellectual property area, including trademarks, copyrights, trade secrets and related litigation. Mr. Wimberly’s practice also includes First Amendment litigation, gaming law, and related Internet issues. A large amount of Mr. Wimberly’s Internet law practice includes counseling clients on the scope of protection and available immunity to service providers based on their customers’ and other third-party content.

Mr. Wimberly graduated from the University of South Carolina in 1997 with a B.A. degree in English.  To pursue his interest in computers and technology, he began working in computer and networking support.  His information technology experience includes working in the in-house legal department of a multi-national software development corporation as well as working in the information technology departments of two Florida law schools.  His prior career in Information Technology gave him valuable experience in computer networking and its underlying hardware and software infrastructure, and that experience continues to benefit the firm’s clients, many of whom require proficiency in technical matters.

After working full-time in IT for five years, he entered law school to further his knowledge regarding the integration of law and technology. While attending law school, he competed in the Lefkowitz Moot Court Competition on Trademarks in 2006 and 2007.  In 2006 his team placed 2nd Place Overall and received the 1st Place Best Oralists Award in the regional competition.  In 2007, Mr. Wimberly’s team again won 2nd Place Overall for the region. He also served as the Chief Justice of his law school’s Moot Court Honors Board.  He graduated cum laude from Barry University School of Law in 2008.

Prior to joining the firm, Mr. Wimberly practiced at a boutique intellectual property firm in Orlando, Florida.  There, his practice included filing trademark applications, initiating and defending trademark opposition/cancellation proceedings, and litigating trademark, trade dress, cybersquatting, and patent cases.  He was also instrumental in obtaining favorable settlements for clients in trade dress and patent infringement cases.

Mr. Wimberly has guest-lectured at Barry University School of Law on the topics of trademark dilution and Section 230 of the Communications Decency Act, and in January of 2009 he co-presented on the topic of Design Patent Infringement in the wake of Egyptian Goddess v. Swisa, 543 F.3d 665 (Fed. Cir. 2008) at a seminar for the Orange County Bar Association Intellectual Property Committee.

Mr. Wimberly has also given multiple CLE presentations on the various constitutional, regulatory, and contractual issues surrounding the development and use mobile apps, including issues related to government restrictions on using mobile devices to record police activity, private and government restrictions on the content transmitted or made available via apps, and, compliance with various mobile app marketplace policies.

In 2012, Mr. Wimberly was named to the Florida Rising Stars list as one of the top up-and-coming attorneys in Florida for 2012. Each year, no more than 2.5 percent of the lawyers in the state receive this honor.

Mr. Wimberly is admitted to practice before the United States District Courts for the Middle and Northern Districts of Florida and all courts in the State of Florida. He is also a member of the First Amendment Lawyers Association, the Florida Bar (Young Lawyers Division and Business Law Section), the American Bar Association (Intellectual Property Section), and the Orange County Bar Association (Intellectual Property Committee), and, he is a Florida Bar Foundation Fellow.

Mr. Wimberly may be reached at Kevin@firstamendment.com