Intellectual Property Enforcement and Litigation
Heidi Howard Tandy
Partner
Heidi Tandy is a partner in Berger Singerman’s Miami office. Board Certified by The Florida Bar in Intellectual Property Law and a Member of the Bar of the Supreme Court of the United States, Heidi has more than twenty five years of experience. Heidi has handled corporate, licensing and litigation matters involving the internet, social media, privacy, intellectual property and tech law issues, for large and small corporate clients and individuals, from retail stores to groundbreaking online content creators, as well as hotels, restaurants, jewelry designers, educators, podcasters, website and app developers, novelists, theatrical producers and an Emmy-award winning makeup artist. She’s worked with content creators, technology builders, individual business owners, and large corporations to successfully protect websites, apps, copyrights and trademarks. Since the 1990s, Heidi’s work has included the creation of terms of service and privacy policies and best practices, as well as creating website accessibility policies and general internet policies and procedures for companies such as The Bump, the Organization for Transformative Works and Delivery Dudes. Heidi Tandy has filed hundreds of trademark applications, litigated before the Trademark Trial and Appeal Board, the World Intellectual Property Organization and in federal and Florida courts, created and negotiated license agreements and assignments, and protected the rights of clients around the world.
Representative Matters 
- Managed hundreds of trademark applications filed with the U.S. Trademark Office.
- Achieved confidential settlements in matters involving alleged trademark infringement.
- Defeated Summary Judgment motion at Trademark Trial and Appeal Board by demonstrating extensive issues of dispute between the parties.
- Convinced the Trademark Office to determine that a mark initially deemed “highly descriptive” had acquired distinctiveness, and was registerable on the Principal Register.
- Successfully negotiated a settlement agreement that obligated a junior user to cease use of a mark that was likely to be confused with the client’s mark.
- Created policies in line with GDPR regulations for corporations and nonprofits
- Successfully defended client in a matter involving a baseless accusation of noncompliance by a website with the ADA by filing a Motion to Dismiss which resulted in the Plaintiff withdrawing the complaint with prejudice.
- Created policies for website community management and social media content creation.
- Developed process for client to determine whether content creation made fair use of third party images and text.
Awards & Honors
- Chambers & Partners USA, America's Leading Business Lawyers, Intellectual Property, 2023-2024
- Member of Legal Committee for Archive of Our Own, Winner of the Best Related Work Hugo Award, 2019
Community Activities / Associations
- Member, Dean's Advisory Board (Intellectual Property), American University Washington College of Law
- Member, Miami Beach Human Rights Committee
- Member, INTA's unREAL Campaign Committee (2019–2023)
- Member, Penn Press External Board of Advisors
In the News
March 12, 2024
January 4, 2024
Berger Singerman Recognized by Chambers USA for Twentieth Consecutive Year
June 1, 2023
May 24, 2023
Business of Fashion Quotes Heidi Tandy in, "What Would a US TikTok Ban Mean for Fashion"
March 27, 2023
February 13, 2023
October 29, 2022
The Daily Beast Quotes Heidi Howard Tandy in, "Is It Time to Rethink the Rules of Fanfiction?"
October 23, 2022
Client Alert: EU-US Data Privacy Framework
October 14, 2022
GlobeSt. Quotes Heidi Howard Tandy in, "CRE Firms Are Ripe for Ransomware Attacks"
July 6, 2021
Daily Business Review Quotes Heidi Howard Tandy in, "CRE Firms Are Ripe for Ransomware Attacks"
July 6, 2021
January 28, 2020
How to Keep Fanfiction Legal and Avoid Trouble with Lawyers
November 11, 2019
Berger Singerman Expands Intellectual Property Practice with Addition of Heidi Howard Tandy
September 3, 2019
Publications
Daily Business Review "Protecting Trade Secrets in a Post-Noncompete Era: A Strategic Approach"
May 1, 2024
Intellectual Property Magazine, "Home Learning"
April 27, 2020
IP Watchdog, "Emergency Distance Learning and Fair Use"
April 1, 2020
Inside Business, "Make sure your business is compliant with new EU data protection regulations"
May 10, 2018
Events & Speaking Engagements
July 28, 2024
June 26, 2024
May 22, 2024
March 15, 2024
Heidi Howard Tandy, Panelist, "Are We Wizards?" San Diego Comic Con
2022
Heidi Howard Tandy, Moderator, "Fandom Pane," San Diego Comic Con
2018
Heidi Howard Tandy, Speaker, "Fanworks & Copyright," ABA IPLaw West
2018
Heidi Howard Tandy, Speaker, "Reputation Management, Social Media and Teenagers," Women of Tomorrow
2018
Heidi Howard Tandy, Table Topic Host and Academic Day Speaker, International Trademark Association
2018
Heidi Howard Tandy, Speaker, "Social Media Law Basics," ABA
2017
Heidi Howard Tandy, Panelist, "Fair Use," VidCon
2016
Heidi Howard Tandy, Speaker, "Fair Use," International Trademark Association
2016
Heidi Howard Tandy, Speaker, "Fair Use and Online Content," South by Southwest
2016
Doing Business in Florida Blog
March 6, 2024
November 30, 2023
October 18, 2023
SCOTUS Limits Extraterritorial Reach of Lanham Act
June 29, 2023
Bad Spaniels Sent Back to Lower Court
June 12, 2023
Client Alert: Updated Social Media Rules in California
September 21, 2022
Fair Use Developments: Supreme Court Rules For Google In Oracle Copyright Dispute
April 7, 2021
3D Printing: New Technology, New Risks
March 17, 2021
Black Friday and Cyber Week for Brands at Amazon
November 30, 2020
August 20, 2020
“Privacy Shield” for Europeans’ Data Use in US Dissolves
July 16, 2020
Supreme Court Permits Trademark Registration for Booking.com
June 29, 2020
The Impact of Fossil on Businesses and Brands
April 27, 2020
Zooming With Care: A Guide to Privacy and Privilege Issues
April 16, 2020
Fair Use and Distance Learning in the Time of COVID-19
March 24, 2020
Can You Share the Photos Your Employees Took at Your Annual Picnic?
September 26, 2019
Changes at the USPTO for Individual Applicants and Foreign Businesses
September 9, 2019
Prior Affiliations
• Price Benowitz, LLP
• Ziglaw
• Gunster Yoakley
• Carlton Fields
• Ruden McClosky
• Stroock & Stroock & Lavan