Nicole Berkowitz Riccio

Ms. Riccio litigates intellectual property disputes before district courts throughout the United States, as well as before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office and the United States Copyright Office. Ms. Riccio also advises clients on the identification, protection, and enforcement of intellectual property rights and has expansive experience in drafting and negotiating intellectual property license agreements, assignments, and non-disclosure agreements.

Prior to joining Baker Donelson, Ms. Riccio clerked for the Honorable Jon Phipps McCalla, U.S. District Court for the Western District of Tennessee.

• Trade Secrets and Unfair Competition

• Obtained preliminary injunctive relief and favorable settlement on behalf of national lawn care company in trade secret and trademark infringement case involving theft of customer records and adoption of similar trademark after asset purchase in the United States District Court for the Western District of Tennessee.

• Successfully petitioned for injunctive relief on behalf of automotive service business in trade secret misappropriation case involving customer lists and proprietary financial data.

• Achieved favorable settlement on behalf of medical supply company in unfair competition matter after obtaining major victories on summary judgment and the exclusion of competitor's liability and damages experts in the United States District Court for the Southern District of Florida.

• Obtained injunctive relief and favorable settlement for broker-dealer firm in trade secret misappropriation and breach of contract case pending before FINRA.

• Assisted in achieving favorable settlement in group of cases against former licensee of consumer products chain involving breach of confidentiality, trademark and trade dress infringement, and false advertising in the United States District Court for the Western District of Tennessee and the United States District Court for the Northern District of Mississippi.

• Achieved a favorable settlement in a case involving theft of software trade secrets by a former vendor in the United States District Court for the Eastern District of Louisiana .

• Frequently provide guidance to clients on best practices for protecting and maintaining trade secrets.

• Trademark & Copyright

• Obtained injunctive relief and favorable settlement for casual dining franchisor in breach of contract and trademark infringement dispute with former franchisee.

• Assisted in achieving favorable settlement in complex litigation alleging violations of the Visual Artists Rights Act and constitutional violations.

• Successfully petitioned for permanent injunctive relief in trademark infringement dispute against competitor trucking company.

• Successfully enforced numerous trademarks and copyrights in disputes regarding counterfeit and imitation products sold on Amazon, Alibaba, and Etsy.

• Negotiated favorable settlements in numerous trademark infringement disputes on behalf of consumer product manufacturers, health care providers, property management companies, and businesses in the restaurant and hospitality industry. 

• Represented trademark owner in federal court action involving trademark infringement claims for products sold on Amazon.

• Prosecuted and defended numerous trademark opposition actions before the Trademark Trial and Appeal Board.

• Manage and enforce trademark portfolios for multiple health care providers, consumer product manufacturers, financial services companies, and retail businesses.

• Patent

• Assisted in achieving favorable resolution in complex patent infringement case involving technology for vehicle monitoring and tracking in the United States District Court for the Eastern District of Texas.

• Assisted in negotiating favorable settlement in patent infringement case involving traffic control technology in the United States District Court for the Southern District of Florida.

• Successfully petitioned to invalidate seven patents for indefiniteness, leading to a favorable settlement, in a patent infringement case involving building products technology in the United States District Court for the District of Delaware.

• Represented client in a patent infringement case involving multiple design patents for electronic household appliances in the United States District Court for the Western District of Wisconsin.

• Successfully enforced utility patents for consumer electronics manufacturer through Amazon's Neutral Patent Evaluation Process.

• Commercial Litigation

• Successfully represented national real estate investment trust in arbitration proceedings in which plaintiff had sought more than $75 million in damages for the alleged breach of contract and tortious interference with business relationships.

• Assisted in achieving favorable settlement of shareholder class action against a corporation's board of directors and officers, in which the plaintiffs alleged breaches of fiduciary duties in connection with multi-billion dollar merger agreement.

• Represented fast casual restaurant chain against shareholder class action alleging violations of federal securities law in connection with cash-out merger in U.S. District Court for the Eastern District of Tennessee.

• Assisted in achieving favorable settlement on behalf of national automotive service chain in complex breach of contract matter.

• Prevailed on motions to dismiss for lack of personal jurisdiction in two related cases in which plaintiffs sought to impose liability on parent company.

• Successfully opposed an award of attorney's fees following a disclosure-only settlement in shareholder class action in connection with a multi-billion-dollar acquisition in Maryland state court.

• Achieved dismissal of majority of claims and negotiated favorable settlement of suit alleging violations of the Tennessee Litigation Financing Consumer Protection Act against a litigation financier.

• Appellate Litigation

• Prevailed on a motion to dismiss and successfully argued for affirmance on appeal to the U.S. Court of Appeals for the Sixth Circuit in a case brought by a journalist alleging that a municipal policy violated her constitutional rights.

• Successfully petitioned the Tennessee Court of Appeals to overturn the trial court's denial partial summary judgment in an interpleader/breach of contract dispute.

• Represented amicus curiae in a landmark Tennessee Supreme Court case involving the statute of limitations in breach of contract actions.

• Listed in Best Lawyers: Ones to Watch^® in America for Intellectual Property Law (2022 – 2025)
• Selected to Mid-South Rising Stars (2019 – 2024)
• Cabinet Member – Memphis Area Legal Services Campaign for Equal Justice, Young Lawyers Committee (2017 – 2020)
• Associate Member – Leo Bearman Sr. American Inn of Court (2017 – 2020)
• Dean's Leadership Award – Washington University School of Law (2015)

• "Implications of the Federal Circuit's Decision in EcoFactor, Inc. v. Google LLC" (June 2025)
• "Finding Strength in Community: The Mission and Impact of Shalom Baker Donelson," Diversity Matters Newsletter (Winter 2024)
• "Top Developments in Trade Secret Law" (August 2024)
• "Trust, but Verify: The Power of Audits to Protect Your Competitive Edge as Non-Compete Ban Looms," republished in Corporate Compliance Insights (August 2024)
• "Twitter's Recent Rebrand: A Guide to Keeping Your Trademark Rights Alive," republished November 2023, in The Trademark Lawyer (August 2023)
• Co-author – "Right of Publicity Laws: Tennessee," Thomson Reuters Practical Law (November 2022)
• Co-author – "Trademark Laws: Tennessee," Thomson Reuters Practical Law (August 2022)
• Co-author – "Leveraging Intellectual Property to Mitigate Web Spoofing, Phishing Attacks, and other Deliberate Acts of Confusion on the Internet" (July 2021)
• Co-author – "Trademark Laws: Tennessee," Westlaw (January 2020)
• Co-author – "Amateurism for Assets: NCAA to Allow Student Athletes to ‘Benefit' from Personal Intellectual Property," IP Watchdog (December 2019)
• Co-author – "Supreme Court Declines to Narrow On-Sale Bar," IAM Weekly International Report (February 2019)
• Co-author – "Supreme Court Moves Goalposts of the On-Sale Bar," IAM Weekly International Report (November 2018)
• Co-author – "Right of Publicity," The Licensing Journal (October 2018)
• Co-author – "Two Iconic Brands – Federer's Uncertain Hope to Obtain the RF Logo from Nike," IAM Weekly International Report (August 2018)
• Co-author – "Balance Between Brand Protection and Artistic Expression: Strengthening the First Amendment," IAM Weekly International Report (June 2018)
• Co-author – "Supreme Court Rules PTAB Proceedings Constitutional," IAM Weekly International Report (May 2018)
• Co-author – "Federal Circuit Continues to Narrow Appellate Jurisdiction," IAM Weekly International Report (March 2018)
• Co-author – "Artificial Intelligence: State of the Industry and Ethical Issues," Tennessee Bar Journal, Volume 54, No. 3 (March 2018)
• Co-author – "Can the Bankruptcy Model Salvage Inter Partes Review?," IAM Weekly International Report (November 2017)
• "Strict Liability for Individuals? The Impact of 3D Printing on Products Liability Law," Washington University Law Review (2015)

• "So Many States, So Many Remedies: A comparison of the many state's nationwide injunctions and the possible need for a federal right-of-publicity statute," Virtual CLE (October 2020)
• "Ethics for Young Lawyers," Memphis Bar Association Young Lawyers' Division (December 2017)

• Trade Secrets: Latest Developments and Cases to Watch in 2025 (July 2025)
• What Happened to September 4? Non-Competes and Antitrust Enforcement in Labor Markets: Ways to Minimize Risk and Defend Your Company's Competitive Edge (August 2024)

• 38 Baker Donelson Attorneys Named to 2024 Mid-South Super Lawyers; 40 Named to Mid-South Rising Stars (November 22, 2024)
• Baker Donelson Attorneys Recognized in The Best Lawyers in America® 2025 Listing (August 15, 2024)
• 44 Baker Donelson Attorneys Named to 2023 Mid-South Super Lawyers; 32 Named to Mid-South Rising Stars (November 28, 2023)
• Baker Donelson Attorneys Recognized in The Best Lawyers in America^® 2024 Listing (August 17, 2023)
• Baker Donelson Announces 15 Newly Elected Shareholders (April 13, 2023)
• 55 Baker Donelson Attorneys Named to 2022 Mid-South Super Lawyers; 30 Named to Mid-South Rising Stars (November 29, 2022)
• Baker Donelson Attorneys Earn Recognition in The Best Lawyers in America® 2023 Listing (August 18, 2022)
• 61 Baker Donelson Attorneys Named to 2021 Mid-South Super Lawyers; 34 Named to Mid-South Rising Stars (November 30, 2021)
• Baker Donelson Attorneys Earn Recognition in The Best Lawyers in America® 2022 Listing (August 19, 2021)
• 69 Baker Donelson Attorneys Named to 2020 Mid-South Super Lawyers; 38 Named to Mid-South Rising Stars (November 30, 2020)

• Nicole Berkowitz Riccio Quoted in Managing IP on Tennessee's ELVIS Act (March 28, 2024)
• Nicole Berkowitz Riccio Discusses Legislative Efforts to Codify Name, Image, and Likeness Rights for Student Athletes in Managing IP (August 11, 2023)
• Nicole Berkowitz Comments on Issues Involved in State Legislation Addressing College Athlete Pay (October 9, 2020)

• Trade Secrets: Latest Developments and Cases to Watch in 2025 (July 16, 2025)
• What Happened to September 4? Non-Competes and Antitrust Enforcement in Labor Markets: Ways to Minimize Risk and Defend Your Company's Competitive Edge (August 27, 2024)