James R. Leahy
Trademark and Unfair Competition Litigator
Trademark and Unfair Competition Litigator
James R. Leahy is an intellectual property litigator at Allen Dyer Doppelt + Gilchrist, P.A., where he represents brand owners in federal trademark, trade dress, false designation of origin, false advertising, dilution and unfair competition disputes. In just a few years of practice he has helped win judgments, fee awards and multimillion-dollar settlements for clients ranging from a Miami nightlife and hospitality empire to a fintech software developer and one of the best-known brands in the vape industry.
James pairs courtroom skill with a technical bent. A former University of Chicago football player who earned degrees in both biology and English, he went on to concentrate in intellectual property at William & Mary Law School, where he was a research fellow at the Center for Legal & Court Technology working on AI and privacy law. That background makes him a natural fit for disputes at the intersection of brands, software and emerging technology.
James R. Leahy at a glance
Intellectual Property Litigator, Allen Dyer Doppelt + Gilchrist — Miami and Coral Gables
Practice Overview
James focuses on contested brand disputes in federal court, where he builds and defends claims under the Lanham Act and its Florida counterparts:
- Trademark infringement and counterfeiting under Sections 32 and 43(a), including actions against online and overseas counterfeiters who sell through marketplaces and social media.
- Trade dress, protecting the look and packaging of products and venues whose appearance has become a source identifier.
- False designation of origin and federal unfair competition under Section 43(a)(1)(A), where a competitor’s branding or business conduct suggests a connection that does not exist.
- False advertising under Section 43(a)(1)(B), the Florida Deceptive and Unfair Trade Practices Act and Florida’s false advertising statute.
- Federal and Florida dilution under Section 43(c) and Section 495.151, Florida Statutes, for famous and well-known marks facing blurring or tarnishment.
- Trademark validity challenges, including fraud on the USPTO, abandonment and priority disputes, in federal court.
He regularly handles the procedural battles that decide brand cases early: personal jurisdiction over foreign defendants, alternative service by email and social media, motions to dismiss and strike, disqualification of opposing counsel, and fee motions after judgment. He also advises on Schedule A defense, name, image and likeness (NIL) rights and deepfake misuse of a brand or person.
Key Industries
Key industries served
Trademark, trade dress and unfair competition work by sector, with representative clients and matters
Signature Litigation and National Coverage
James’s work has drawn national attention. In April 2024, Law360 reported on the Modulus trademark suit against NVIDIA. A small Florida-based client taking on a technology giant over its own name is exactly the kind of case James is built for.
BFL Metal Products d/b/a FUME
FUME is one of the most recognized brands in the vape market, which makes it a constant target for counterfeiters and look-alike sellers. James has been part of the Allen Dyer team protecting the brand on several fronts:
- BFL Metal Products v. RDFN FUM Natural Products (S.D. Fla.): a trademark infringement and unfair competition action against a competing “FUM” product line. The team won disqualification of the defendants’ counsel in February 2025 and defeated the defendants’ bid to amend their answer, affirmative defenses and counterclaim in June 2025. The case resolved in a settlement of more than $2 million for the brand owner and was dismissed in October 2025.
- BFL Metal Products v. Eyal Nahum Group (S.D. Fla.): an action against counterfeit FUME products tied to Chinese manufacturers. James secured court approval to serve the overseas defendants by email, website publication and Facebook, and in June 2025 defeated a motion to dismiss by establishing personal jurisdiction over a Chinese counterfeiter in Florida.
- BFL Metal Products v. Fume, Inc. (S.D. Fla. 2023): the court struck ten of the defendant’s affirmative defenses, narrowing the case to the merits of the infringement claims.
Modulus Global
Modulus is a financial technology and software developer whose MODULUS brand is used by exchanges and trading platforms worldwide.
- Modulus Global v. Quintzy (D. Ariz.): a trademark and trade secret action against a former contractor. James defeated a motion to dismiss arguing that the state trade secrets act displaced the client’s claims, and the case ended with a $600,000 judgment in June 2024 followed by an award of attorney’s fees and costs in March 2025.
- Modulus Financial Engineering v. NVIDIA (W.D. Tex.): a trademark infringement suit alleging that NVIDIA’s “Modulus” AI framework infringed the client’s long-standing mark. The filing drew national coverage in Law360, and the parties stipulated to dismissal in October 2026.
- Modulus Global v. Gruhn (D. Ariz. 2026): James defeated a motion to dismiss for lack of personal jurisdiction, keeping the case in the client’s chosen forum.
E11EVEN
E11EVEN is the Miami nightlife and hospitality brand behind E11EVEN MIAMI, branded vodka and the E11EVEN Hotel & Residences.
- GR Opco d/b/a E11EVEN v. Eleven IP Holdings (S.D. Fla.): a trademark dispute over competing ELEVEN-formative marks. In July 2023 the team defeated a motion to dismiss E11EVEN’s claims challenging the validity of the defendants’ registrations, including for fraud on the USPTO. In November 2023 the court dismissed the defendants’ Florida trademark counterclaim. The case settled and was dismissed in April 2025, with the court retaining jurisdiction to enforce the settlement.
JetSMART Airlines
JetSMART is a Chilean low-cost airline expanding its brand into the United States.
- JetSMART Airlines SpA v. JetSmarter Inc. (TTAB, Cancellation No. 92090866): three JETSMARTER registrations for private jet charter services stood in the way of the client’s U.S. applications. In February 2026 James petitioned to cancel all three, alleging abandonment and fraud on the USPTO. The registrant defaulted, and on June 4, 2026 the Board granted the petition and cancelled all three registrations. The client’s JETSMART application then moved to a notice of allowance, and its JETSMART GO application cleared publication review.
Counsel in Patent and Product Disputes
James has also stepped into the role of counsel for brand owners and businesses defending patent claims in both the Southern and Middle Districts of Florida.
- Import Global, LLC v. Sediment Buster, LLC (S.D. Fla. 2026): defending patent owner Sediment Buster, its affiliate and its founder against a declaratory judgment action over the company’s patented water heater flushing tool.
- Onscreen Dynamics, LLC v. HGreg Auto Orlando, Inc. (M.D. Fla. 2026): defending the Orlando dealership of national pre-owned vehicle dealer HGreg against patent infringement claims.
Additional Results
- Dongguan Saienchuangke v. Schedule A Defendants (S.D. Fla.): on the defense side of a Schedule A case, obtaining dismissal of design patent claims for improper joinder of unrelated sellers.
- Asfour v. Ayade Cigars (Fla. 11th Jud. Cir. 2023): defeated a motion to compel in a trade secret dispute involving a premium cigar brand.
Credentials
Education
- J.D., William & Mary Law School, 2022, concentration in intellectual property. Articles Editor, William & Mary Bill of Rights Journal. Research Fellow, Center for Legal & Court Technology (artificial intelligence, IP and data privacy).
- B.A., Biological Sciences, and B.A., English Language and Literature, University of Chicago, 2019. Member of the varsity football team, where he helped fellow athletes with name, image and likeness questions.
Admissions
- The Florida Bar
- U.S. District Court for the Southern District of Florida
Recognition
- Florida Super Lawyers, 2025 and 2026
Memberships and Leadership
- Intellectual Property Owners Association, AI, Data & Emerging Technologies Committee
- Association of Intellectual Property Firms
- Copyright Society of the USA
- The Florida Bar, Computer and Technology Law Committee and Young Lawyers Division
- Coral Gables Chamber of Commerce, Board of Trustees
- Coral Gables Bar Association
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