Joseph F. Joe Cleveland,
Commercial Litigation
Commercial Litigation
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Joe Cleveland has practiced in the area of commercial and intellectual property litigation for over 30 years. He has extensive trial and appellate experience representing entrepreneurs, inventors, and private and publicly-traded companies. His practice includes a broad range of complex commercial litigation involving patent, copyright, trademark, trade secrets, antitrust, contracts, employment, oil and gas, securities, and other commercial matters. He has tried cases in both state and federal courts and has successfully handled appeals before the United States Supreme Court and various federal courts of appeals. He also assists clients in protecting intellectual property rights before the United States Patent and Trademark Office, Trademark Trial and Appeal Board, and the United States Copyright Office.Mr. Cleveland is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization—a mark of excellence and distinguishing accomplishment achieved by fewer than 10% of practicing attorneys in Texas. Board Certified attorneys in Civil Trial Law are specialists in civil litigation involving contracts, businesses, and business owners. To achieve board certification, Mr. Cleveland was required to pass a rigorous examination and demonstrate extensive expertise and knowledge in his specialty area. He must also engage in a continuous course of study in his specialty.Mr. Cleveland was instrumental in drafting the proposed legislation, preparing the bill analysis and testifying before Senate and House Committees of the 83rd and the 85th Texas Legislatures in support of the adoption of the Texas Uniform Trade Secrets Act and amendments thereto.As Chair of the Trade Secrets Committee of the Intellectual Property Law Section of the State Bar of Texas, Mr. Cleveland helped draft the Texas Pattern Jury Charges for Misappropriation of Trade Secrets published in the Texas Pattern Jury Charges, which is used by state and federal courts throughout Texas. In the preface to the 2016 edition of the Texas Pattern Jury Charges, it was noted that “the Texas Pattern Jury Charge Committee was indebted to the Trade Secrets Committee for its work on the pattern jury charges for trade-secret misappropriation. Under the leadership of Joseph F. Cleveland, Jr., the Trade Secrets Committee reviewed and provided significant feedback on the committee’s jury charges on misappropriation of trade secrets. The Trade Secrets Committee’s input was invaluable and helpful to ensure the accuracy of those questions and instructions.” In 2018, Mr. Cleveland received the Chair’s Award for outstanding service to the Intellectual Property Law Section of the State Bar of Texas. From 2022-2023, Mr. Cleveland served as Chair of the Intellectual Property Law Section.In 2019, Mr. Cleveland was appointed by the Supreme Court of Texas to serve on the Texas Board of Disciplinary Appeals for a three-year term.In 2020, Mr. Cleveland authored the book Fredrick Garland “Fritz” Lanham – Father of American Trademark Protection (BookHouse Group 2020) for which he received the Fritz G. Lanham Trademark Award from the Intellectual Property Law Section of the State Bar of Texas. Joe Cleveland has practiced in the area of commercial and intellectual property litigation for over 30 years. He has extensive trial and appellate experience representing entrepreneurs, inventors, and private and publicly-traded companies. His practice includes a broad range of complex commercial litigation involving patent, copyright, trademark, trade secrets, antitrust, contracts, employment, oil and gas, securities, and other commercial matters. He has tried cases in both state and federal courts and has successfully handled appeals before the United States Supreme Court and various federal courts of appeals. He also assists clients in protecting intellectual property rights before the United States Patent and Trademark Office, Trademark Trial and Appeal Board, and the United States Copyright Office.Mr. Cleveland is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization—a mark of excellence and distinguishing accomplishment achieved by fewer than 10% of practicing attorneys in Texas. Board Certified attorneys in Civil Trial Law are specialists in civil litigation involving contracts, businesses, and business owners. To achieve board certification, Mr. Cleveland was required to pass a rigorous examination and demonstrate extensive expertise and knowledge in his specialty area. He must also engage in a continuous course of study in his specialty.Mr. Cleveland was instrumental in drafting the proposed legislation, preparing the bill analysis and testifying before Senate and House Committees of the 83rd and the 85th Texas Legislatures in support of the adoption of the Texas Uniform Trade Secrets Act and amendments thereto.As Chair of the Trade Secrets Committee of the Intellectual Property Law Section of the State Bar of Texas, Mr. Cleveland helped draft the Texas Pattern Jury Charges for Misappropriation of Trade Secrets published in the Texas Pattern Jury Charges, which is used by state and federal courts throughout Texas. In the preface to the 2016 edition of the Texas Pattern Jury Charges, it was noted that “the Texas Pattern Jury Charge Committee was indebted to the Trade Secrets Committee for its work on the pattern jury charges for trade-secret misappropriation. Under the leadership of Joseph F. Cleveland, Jr., the Trade Secrets Committee reviewed and provided significant feedback on the committee’s jury charges on misappropriation of trade secrets. The Trade Secrets Committee’s input was invaluable and helpful to ensure the accuracy of those questions and instructions.” In 2018, Mr. Cleveland received the Chair’s Award for outstanding service to the Intellectual Property Law Section of the State Bar of Texas. From 2022-2023, Mr. Cleveland served as Chair of the Intellectual Property Law Section.In 2019, Mr. Cleveland was appointed by the Supreme Court of Texas to serve on the Texas Board of Disciplinary Appeals for a three-year term.In 2020, Mr. Cleveland authored the book Fredrick Garland “Fritz” Lanham – Father of American Trademark Protection (BookHouse Group 2020) for which he received the Fritz G. Lanham Trademark Award from the Intellectual Property Law Section of the State Bar of Texas. Joe Cleveland has practiced in the area of commercial and intellectual property litigation for over 30 years. He has extensive trial and appellate experience representing entrepreneurs, inventors, and private and publicly-traded companies. His practice includes a broad range of complex commercial litigation involving patent, copyright, trademark, trade secrets, antitrust, contracts, employment, oil and gas, securities, and other commercial matters. He has tried cases in both state and federal courts and has successfully handled appeals before the United States Supreme Court and various federal courts of appeals. He also assists clients in protecting intellectual property rights before the United States Patent and Trademark Office, Trademark Trial and Appeal Board, and the United States Copyright Office. Mr. Cleveland is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization—a mark of excellence and distinguishing accomplishment achieved by fewer than 10% of practicing attorneys in Texas. He must also engage in a continuous course of study in his specialty. Mr. Cleveland was instrumental in drafting the proposed legislation, preparing the bill analysis and testifying before Senate and House Committees of the 83rd and the 85th Texas Legislatures in support of the adoption of the Texas Uniform Trade Secrets Act and amendments thereto. As Chair of the Trade Secrets Committee of the Intellectual Property Law Section of the State Bar of Texas, Mr. Cleveland helped draft the Texas Pattern Jury Charges for Misappropriation of Trade Secrets published in the Texas Pattern Jury Charges, which is used by state and federal courts throughout Texas. In the preface to the 2016 edition of the Texas Pattern Jury Charges, it was noted that “the Texas Pattern Jury Charge Committee was indebted to the Trade Secrets Committee for its work on the pattern jury charges for trade-secret misappropriation. Under the leadership of Joseph F. Cleveland, Jr., the Trade Secrets Committee reviewed and provided significant feedback on the committee’s jury charges on misappropriation of trade secrets. The Trade Secrets Committee’s input was invaluable and helpful to ensure the accuracy of those questions and instructions.” In 2018, Mr. Cleveland received the Chair’s Award for outstanding service to the Intellectual Property Law Section of the State Bar of Texas. From 2022-2023, Mr. Cleveland served as Chair of the Intellectual Property Law Section. In 2019, Mr. Cleveland was appointed by the Supreme Court of Texas to serve on the Texas Board of Disciplinary Appeals for a three-year term. In 2020, Mr. Cleveland authored the book Fredrick Garland “Fritz” Lanham – Father of American Trademark Protection (BookHouse Group 2020) for which he received the Fritz G. Lanham Trademark Award from the Intellectual Property Law Section of the State Bar of Texas.
Recognized in Best Lawyers since 2011
Kevin Gutierrez
I engaged Joseph Cleveland of Brackett & Ellis to handle a dispute over a licensing agreement for a proprietary manufacturing process. With his three decades of experience in commercial and IP litigation, particularly his recognition in patent and intellectual property matters, I felt confident in his technical grasp of the case. His analysis of the patent infringement aspects was thorough, and his deep knowledge of Texas commercial law was evident. Ultimately, we reached a settlement that protected my interests. However, the experience was not without its frustrations. While Joe is clearly a seasoned attorney, there were periods where communication was slower than I would have preferred. Updates sometimes required my follow-up, and the pace of certain procedural steps felt deliberate. For straightforward legal matters, his expertise from Mississippi College and long tenure are undeniable assets. For clients who prioritize constant, proactive communication, setting clear expectations upfront would be advisable. He is a capable lawyer who knows the courtroom, but the client experience aspect felt just adequate.