K&L Gates Represents Sucesión Simon Diaz Marquez (Tio Simon) in Trademark, Right of Publicity Dispute

7 November 2024

Global law firm K&L Gates LLP successfully represented Sucesión Simon Diaz Marquez, the estate of the late beloved Venezuelan folk singer and entertainer Simon Diaz (stage name Tio Simon), in a contentious trademark and right of publicity dispute against Miami Fine Foods. The dispute included a federal case before the Southern District of Florida, as well as an opposition proceeding before the Trademark Trial and Appeal Board. The parties have now amicably resolved their dispute by way of a confidential settlement agreement, and the pending litigation and opposition proceeding have been dismissed.

The K&L Gates team was led by partners Henry Pogorzelski in Austin and Jonathan Morton in Miami. The team also included associates Damely Perez and Alejandra Gonzalez in Miami, Courtney Neufeld in Seattle, and foreign legal consultant Daniela Rojas in Austin.

Ms. Bettsimar Diaz, daughter of the late Simon Diaz and executor of his estate, remarked: “The name ‘Tío Simón,’ is an affective bond that links Venezuelans with their idiosyncrasy and cultural values, and it exalts the best attributes of being Venezuelan. With this achievement we can confirm that ‘Tio Simon’ will continue to bring to the Venezuelan family, wherever they are, moments of family joy that keep our identity alive.”

K&L Gates’ global IP practice has more than 250 lawyers and professionals – including more than 125 registered patent lawyers, agents, and technology specialists with technical or advanced science degrees, nearly 30 with doctorates – who devote their practices to helping clients establish, enforce, and leverage their intellectual property rights worldwide. K&L Gates’ IP practice filed more than 5,470 patent applications and 4,550 trademarks worldwide in 2023.

For more information about business opportunities with Sucesión Simon Diaz Marquez / Tio Simon (USA), please contact Ms. Diaz at [email protected]