Partner

James Lake

Partner

James Lake

813-984-3063

James Lake | About Thomas & LoCicero | TLo Law | Thomas and LoCicero

Our firm’s goal every day is to see that our clients’ rights, speech and intellectual property are protected and respected.

About Jim

Jim’s practice focuses on media law, intellectual property, and business litigation. Jim represents clients in state and federal courts and the U.S. Patent & Trademark Office, and he frequently renders advice on newsgathering, trademark, and copyright matters.

 

His clients include media, financial, retail, agricultural and staffing companies and well-known authors. Jim has litigated defamation, trademark and copyright cases, trademark opposition proceedings, reporter’s privilege disputes, demands for access to public records and meetings, domain-name proceedings and commercial disputes. Jim regularly serves as local counsel for businesses sued or pursuing claims in the Middle District of Florida.

 

Jim graduated from Washington and Lee University with honors in journalism and then worked as a reporter for The Tampa Tribune. He graduated with honors from the Washington and Lee University School of Law. Jim and his family attend Hyde Park United Methodist Church. He has been an adjunct professor at the Stetson University College of Law.

James Lake | About Thomas & LoCicero | TLo Law | Thomas and LoCicero

Our firm’s goal every day is to see that our clients’ rights, speech and intellectual property are protected and respected.

JD, Washington and Lee University, 1994

BA, Washington and Lee University, 1990

Tuition Options, LLC v. Project on Predatory Student Lending, Inc. and Mayer Law PLLC, Case No. 23-81293-CV-MIDDLEBROOKS (S.D. Fla. April 8, 2024). Won dismissal with prejudice of defamation case challenging law firm’s hyperlinks to pleadings in class action lawsuit.

Nix v. Major League Baseball et al., 62 F.4th 920 (5th Cir. 2023), and Nix v. ESPN, Inc., 772 Fed. Appx. 807 (11th Cir. 2019). Won dismissal and appeals of libel actions that former professional baseball player brought against The Associated Press, ESPN and USA Today.

NetChoice, LLC v. Attorney Gen. Florida, 34 F.4th 1196 (11th Cir. 2022). Represented amicus curiae supporting Internet platforms’ successful challenge to Florida law attempting to regulate social media content.

Osborne v. Constructive Resource Inc., Proceeding No. 94002983 (TTAB 2022). Obtained summary judgment in favor of owner of federal trademark registration before U.S. Patent & Trademark Office Trademark Trial and Appeal Board.

Rodriguez v. OfferUp, Inc., 8:19-cv-1290-T-30SPF (M.D. Fla. 2019). Obtained, as local counsel, a dismissal with prejudice of tort claims against an Internet service provider (ISP) based on Section 230 immunity. 

Santilli v. Van Erp, 2018 WL 2172554 (M.D. Fla. April 20, 2018), objections overruled and report and recommendation adopted, 2018 WL 2152095 (M.D. Fla. May 10, 2018), motion to dismiss granted, 2018 WL 3956309 (M.D. Fla. Aug. 17, 2018).  Successfully opposed motion for preliminary injunction and obtained dismissal of defamation and tortious interference case.

Porkka v. University of South Florida Board of Trustees, 2018 WL 2717235 (M.D. Fla. 2018). Obtained dismissal of copyright infringement case.

Spectrum Video Productions, Inc. v. Charter Communications, Inc., et al., Case No. 8:17cv1909-SDM-TBM (M.D. Fla. 2017).  Represented television and video production company in trademark infringement action against national cable television company.

DOK Solution LLC v. FKA Distributing Co., 2015 WL 4459182 (M.D. Fla. 2015). Local counsel in patent infringement action.

MoistTech Corp. v. Sensortech Systems, Inc., No. 8:15-cv-00434-EAK-TBM,  2015 WL 3952341 (M.D. Fla. June 26, 2015). Obtained transfer of Lanham Act case to California.

Bond & Co. Jewelers, Inc. v. Texas Int’l Property Associates, Claim No. FA0703000937650 (Nat’l Arb. Forum April 30, 2007).   Obtained order compelling transfer of domain name.

Tribune Co. Holdings, Inc. v. Times Pub. Co.,  2006 WL 680804 (M.D. Fla. 2006). Obtained preliminary injunction halting adoption of infringing trademark by rival newspaper.

Memorial Hospital-West Volusia, Inc. v. News-Journal Corp., 729 So. 2d 373 (Fla. 1999). Represented consortium of media companies as amici curiae seeking access to meetings and records of corporations operating public hospitals.

Kidwell v. State, 730 So. 2d 670 (Fla. 1998). Convinced Florida Supreme Court that common law journalist’s privilege protects non-confidential information.

Florida

Middle District of Florida

Northern District of Florida

Southern District of Florida

11th Circuit

5th Circuit

U.S. Supreme Court

Author, Labels, Social Media, Consumer Protection, and the First Amendment, 75 Fla. L. Rev. F. 35 (2024).

Adjunct Professor, Stetson University College of Law (2000 to 2016).

Author, “Secrecy claims deserve a second guess on appeal,” The Tampa Tribune (Oct. 8, 2014).

Author, Restraining False Light: Constitutional and Common Law Limits on a ”Troublesome Tort,” 61 Fed. Comm. L. J. 625 (2009).

Author, Speaking Legally and Freely: Lawyers, Web Sites and the First Amendment, 58 S. C. L. Rev. 871 (2007).

Author, Florida Privilege Compendium (Reporters Committee for Freedom of the Press 2002 & 2007).

Author, McConnell v. Federal Election Commission – A Sad Day for the Freedom of Speech?, Communications Lawyer (Winter 2004).

Author, Lawyers, Please Check Your First Amendment Rights at the Bar: The Problem of State-Mandated Bar Dues and Compelled Speech, 50 Wash. & Lee L. Rev. 1833 (1993).

About Jim

Jim’s practice focuses on media law, intellectual property, and business litigation. Jim represents clients in state and federal courts and the U.S. Patent & Trademark Office, and he frequently renders advice on newsgathering, trademark, and copyright matters.

 

His clients include media, financial, retail, agricultural and staffing companies and well-known authors. Jim has litigated defamation, trademark and copyright cases, trademark opposition proceedings, reporter’s privilege disputes, demands for access to public records and meetings, domain-name proceedings and commercial disputes. Jim regularly serves as local counsel for businesses sued or pursuing claims in the Middle District of Florida.

 

Jim graduated from Washington and Lee University with honors in journalism and then worked as a reporter for The Tampa Tribune. He graduated with honors from the Washington and Lee University School of Law. Jim and his family attend Hyde Park United Methodist Church. He has been an adjunct professor at the Stetson University College of Law.

Education

JD, Washington and Lee University, 1994

BA, Washington and Lee University, 1990

Representative Matters

Tuition Options, LLC v. Project on Predatory Student Lending, Inc. and Mayer Law PLLC, Case No. 23-81293-CV-MIDDLEBROOKS (S.D. Fla. April 8, 2024). Won dismissal with prejudice of defamation case challenging law firm’s hyperlinks to pleadings in class action lawsuit.

Nix v. Major League Baseball et al., 62 F.4th 920 (5th Cir. 2023), and Nix v. ESPN, Inc., 772 Fed. Appx. 807 (11th Cir. 2019). Won dismissal and appeals of libel actions that former professional baseball player brought against The Associated Press, ESPN and USA Today.

NetChoice, LLC v. Attorney Gen. Florida, 34 F.4th 1196 (11th Cir. 2022). Represented amicus curiae supporting Internet platforms’ successful challenge to Florida law attempting to regulate social media content.

Osborne v. Constructive Resource Inc., Proceeding No. 94002983 (TTAB 2022). Obtained summary judgment in favor of owner of federal trademark registration before U.S. Patent & Trademark Office Trademark Trial and Appeal Board.

Rodriguez v. OfferUp, Inc., 8:19-cv-1290-T-30SPF (M.D. Fla. 2019). Obtained, as local counsel, a dismissal with prejudice of tort claims against an Internet service provider (ISP) based on Section 230 immunity. 

Santilli v. Van Erp, 2018 WL 2172554 (M.D. Fla. April 20, 2018), objections overruled and report and recommendation adopted, 2018 WL 2152095 (M.D. Fla. May 10, 2018), motion to dismiss granted, 2018 WL 3956309 (M.D. Fla. Aug. 17, 2018).  Successfully opposed motion for preliminary injunction and obtained dismissal of defamation and tortious interference case.

Porkka v. University of South Florida Board of Trustees, 2018 WL 2717235 (M.D. Fla. 2018). Obtained dismissal of copyright infringement case.

Spectrum Video Productions, Inc. v. Charter Communications, Inc., et al., Case No. 8:17cv1909-SDM-TBM (M.D. Fla. 2017).  Represented television and video production company in trademark infringement action against national cable television company.

DOK Solution LLC v. FKA Distributing Co., 2015 WL 4459182 (M.D. Fla. 2015). Local counsel in patent infringement action.

MoistTech Corp. v. Sensortech Systems, Inc., No. 8:15-cv-00434-EAK-TBM,  2015 WL 3952341 (M.D. Fla. June 26, 2015). Obtained transfer of Lanham Act case to California.

Bond & Co. Jewelers, Inc. v. Texas Int’l Property Associates, Claim No. FA0703000937650 (Nat’l Arb. Forum April 30, 2007).   Obtained order compelling transfer of domain name.

Tribune Co. Holdings, Inc. v. Times Pub. Co.,  2006 WL 680804 (M.D. Fla. 2006). Obtained preliminary injunction halting adoption of infringing trademark by rival newspaper.

Memorial Hospital-West Volusia, Inc. v. News-Journal Corp., 729 So. 2d 373 (Fla. 1999). Represented consortium of media companies as amici curiae seeking access to meetings and records of corporations operating public hospitals.

Kidwell v. State, 730 So. 2d 670 (Fla. 1998). Convinced Florida Supreme Court that common law journalist’s privilege protects non-confidential information.

Bar Admissions

  • 11th Circuit
  • 5th Circuit
  • Florida
  • Middle District of Florida
  • Northern District of Florida
  • Southern District of Florida
  • U.S. Supreme Court

Appearances and Publications

Author, Labels, Social Media, Consumer Protection, and the First Amendment, 75 Fla. L. Rev. F. 35 (2024).

Adjunct Professor, Stetson University College of Law (2000 to 2016).

Author, “Secrecy claims deserve a second guess on appeal,” The Tampa Tribune (Oct. 8, 2014).

Author, Restraining False Light: Constitutional and Common Law Limits on a ”Troublesome Tort,” 61 Fed. Comm. L. J. 625 (2009).

Author, Speaking Legally and Freely: Lawyers, Web Sites and the First Amendment, 58 S. C. L. Rev. 871 (2007).

Author, Florida Privilege Compendium (Reporters Committee for Freedom of the Press 2002 & 2007).

Author, McConnell v. Federal Election Commission – A Sad Day for the Freedom of Speech?, Communications Lawyer (Winter 2004).

Author, Lawyers, Please Check Your First Amendment Rights at the Bar: The Problem of State-Mandated Bar Dues and Compelled Speech, 50 Wash. & Lee L. Rev. 1833 (1993).