"Protecting a client's rights is one of the most important responsibilities of a being a lawyer, but is also one of its greatest rewards." - Tom Vanderbloemen
Tom Vanderbloemen handles a wide range of litigation in the Federal and State courts, with an emphasis on business litigation, intellectual property matters, and appeals. A former law clerk to now Chief Judge William B. Traxler, Jr. of the U.S. Court of Appeals for the Fourth Circuit, and a registered patent attorney and member of the South Carolina and Georgia bars, Vanderbloemen has litigated cases involving patents, trademarks, copyrights, trade secrets, computer software and technology, business and contract disputes, franchise and distribution networks, and internet domain names. Vanderbloemen serves on the Board of Directors of the Carolina Patent Trademark & Copyright Law Association, a peer organization of intellectual property attorneys in North and South Carolina, and has lectured on intellectual property matters to attorneys and business leaders in Greenville and nationwide. He has argued before the U.S. Court of Appeals for the Fourth, Eleventh, and Federal Circuits, and is a member of the Council of the South Carolina Bar's Trial and Appellate Advocacy Section.
Previously named to Greenville First Bank's Best & Brightest Under 35, Vanderbloemen is also active in his community. He serves as President of the Carolina Youth Symphony, is a member of Rotary, has coached youth soccer for the YMCA, and graduated from Leadership Greenville Class 35.
Education
J.D., magna cum laude, Duke University School of Law
B.S., cum laude, Davidson College
Publications & Presentations
Panelist, 2010 South Carolina Bar Convention - Civil Law Update, "Error Preservation in the State and Federal Systems"
Speaker,
2008 DRI Intellectual Property Litigation Seminar, Chicago
Speaker,
FastTrac® NewVenture™ Course for
Entrepreneurs
2008
Compendium on Trade Secret Laws and Agreements Not to Compete, South
Carolina Section on Trade Secrets, Defense Research Institute
(publication forthcoming)
Panelist, "First Response - What to do when your Client gets hit
with an Intellectual Property Claim," (Defense Research Institute,
December 11, 2007)
"How does a defendant successfully invalidate the patent it is
accused of infringing? The Supreme Court weighs in with a landmark
decision overturning the appellate court's long used, but overly rigid
standard," The Voice, vol. 6, issue 23 (June 13, 2007).
The Greenville Journal, multiple articles on intellectual property legal issues, 2005-2007.
"Inter Partes Patent Reexamination in the United States," Journal
of the Patent and Trademark Office Society, vol. 86, no. 8 (August
2004) (co-authored with Sherry M. Knowles and Charles E. Peeler).
"If You Build It Better, They Will Come: The New Inter Partes
Reexamination Procedure," The Patent Journal vol. 1, no. 11, p. 1
(September 2002) (co-authored with Sherry M. Knowles and Charles E.
Peeler).
"The USA PATRIOT Act: Privacy After September 11," E-Commerce Law
vol. 2, no. 8, p. 20 (August 2002) (co-authored with Brad Slutsky).
"Assessing the Potential Impact of the Proposed Hague Jurisdiction
and Judgments Convention on Human Rights Litigation in the United
States," 50 Duke Law Journal 917 (2000).
Member, U.S. Court of Appeals for the Fourth Circuit CJA Appellate Panel
Carolina Patent, Trademark & Copyright Law Association, Board of Directors
South Carolina Bar - Council for Section on Trial and Appellate Advocacy
Defense Research Institute - Commercial Litigation Section, Intellectual Property Substantive Law Group
American Bar Association, Intellectual Property Section
Downtown Rotary Club
Honors and Awards
Greenville First Bank's Best & Brightest Under 35
Duke Law Journal
Phi Beta Kappa
Representative Intellectual Property Matters
Represented one of nation's largest insurance brokerage agencies in
litigation concerning alleged infringement of agency trademarks.
Enforced patent in technology covering novel process for finishing
fiberglass in patent litigation in Greenville Division of U.S. District
Court for the District of South Carolina.
Defended franchisor of nationwide drug testing chain in trademark
litigation in federal district court in South Carolina and at the
Trademark Trial & Appeal Board of the U.S. Patent & Trademark
Office.
Litigated copyright and trademark action brought against Greenville
golf course and golf professional for alleged infringement stemming
from golf instruction manual.
Assisted South Carolina restaurant franchisor in resolving dispute
over alleged copyright infringement concerning live and recorded music.
Defended South Carolina internet company in litigation alleging misuse of computer software licenses.
Successfully resolved claims against Atlanta-based franchise system
concerning alleged copyright infringement and breach of computer
software license agreements.
Represented pharmaceutical company in dispute concerning alleged
improper installation of computer software for order and inventory
management.
Assisted beverage manufacturer in enforcing rights in patent
concerning dispensing equipment in litigation in Atlanta federal
district court.
Obtained injunctive relief from Atlanta federal court on behalf of
national distributor of construction equipment, preventing trademark
infringement arising from misbranding of machines by client’s former
employee.
Representative Appellate Matters
Carden v. Aetna Life Ins. Co., 599 F.3d 256 (4th Cir. 2009) (affirming plan administration in ERISA appeal)
Smith v. United States Postal Service, 540 F.3d 1364 (Fed. Cir. 2008) (successfully represented veteran in appeal involving federal Uniformed Services Employment and Reemployment Rights Act (USERRA))
United States v. Mitchell, 518 F.3d 230 (4th Cir. 2008) (obtained reversal of white collar criminal conviction)
Moore v. Bennette, 517 F.3d 717 (4th Cir. 2008) (persuaded court to reinstate federal civil rights complaint)
McGee v. City of Greenville, 2008 WL 399000 (4th Cir. 2008) (successfully defended municipality against claim under Americans with Disabilities Act (ADA))
Lanier v. Norfolk Southern Corp., 2007 WL 4270847 (4th Cir. 2007); Self v. Norfolk Southern Corp., 2008 WL 410284 (4th Cir. 2008) (persuaded court to affirm dismissal of complaint under Class Action Fairness Act)
