Matthew Smith is passionate about helping clients protect their intellectual property. With more than 20 years’ experience, Matthew’s practice spans a wide variety of intellectual property law, including management of major worldwide trademark portfolios, advertising and branding, licensing, custom software development, IP consulting on mergers and acquisitions, trademark and copyright clearance and prosecution and other intellectual property matters. He also provides counseling and strategic analysis related to the use and registration of trademarks both in the U.S. and abroad, for clients ranging from solo inventors and small businesses, to multi-national corporations. He has extensive experience clearing, registering and enforcing trademarks and copyrights in the United States and abroad. 

Matthew’s experience as both outside and in-house counsel for clients in many different industries, including highly regulated healthcare or financial sectors, provides a unique and diverse business perspective and valuable insight into his client's needs, which contributes to well-rounded and practical advice. Matthew also provides counsel to clients across all industries in domain name disputes and has represented clients in World Intellectual Property Organization and National Arbitration Forum matters.

Education

  • Washington University in St. Louis (LL.M., 2005)
    • Recipient of Intellectual Property and Technology Award (highest ranking student in IP LL.M. program)
  • Southern Illinois University (J.D., 2001)
    • Southern Illinois University Law Journal, Survey Editor; CALI Award - Intellectual Property, Corporations; James O. Monroe Excellence in Writing Award; Excellence in Scholarship Award
  • Marquette University (B.A., 1990)

    Bar Admission

    • Missouri, 2001
    • Illinois, 2002

    Professional Affiliations

    • American Bar Association
    • The Missouri Bar
    • The Bar Association of Metropolitan St. Louis
    • Illinois State Bar Association
    • American Intellectual Property Law Association
    • St. Louis Volunteer Lawyers and Accountants for the Arts (VLAA)
      • Board of Directors, President 2015-2021
    • International Trademark Association

    Recognition

    • World Trademark Review's 1000 List, Bronze – Missouri/Kansas, 2023-2026
    • Adjunct Professor, Washington University School of Law, Trademark Practice
    • Selected for inclusion in Best Lawyers in America® for Information Technology Law, 2023-2026
    Publications
    Supreme Court Upholds Refusal to Register Trademark Containing the Name of Living Individual – Donald Trump
    In a recent unanimous decision in the case Vidal v. Elster (602 U.S. ___ (2024)), the U.S. Supreme Court upheld the refusal to register a federal trademark for the phrase “Trump Too Small” based on the fact that the Lanham Act prohibits the registration of the name of a living individual without their consent. The plaintiff in this case, Mr. Elster, filed a federal trademark application in 2018 for the mark “TRUMP TOO SMALL” for use on clothing as shown below, without the prior consent of former President Trump, arguing that the phrase was intended to be a criticism of Donald Trump and his policies and that the refusal was a violation of Mr. Elster’s First Amendment right of free
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    Chatbots: Select Legal Considerations For Businesses
    Artificial intelligence/machine learning (“AI/ML”) tools have recently taken center stage in the popular imagination. So far, most news articles focus on the potential benefits to customer engagement, user interface/user experience (“UI/UX”) enhancements, reductions in time-to-market and even more general software coding. However, some articles focus on more disturbing implications of chatbots breaking free of their content restrictions or their seeming existential crises. Not nearly as many articles have focused on the important legal considerations associated with these tools. The benefits of AI/ML tools or AI/ML generated content are real and undeniable; however, using these tools comes with legal risks not immediately apparent. Some risks arise out of the terms and conditions associated with the use of the services themselves, namely through
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