Kayla Daly

Kayla O'Leary Daly

Associate

Kayla O'Leary Daly

Associate

  • Overview

    Biography

    Kayla O'Leary Daly assists clients with a variety of intellectual property and technology counseling, prosecution and transactional matters. She is a member of the firm's Intellectual Property + Technology Group and Business Transactions Group. 

    Intellectual Property Transactions

    Kayla’s practice involves advising clients on the development, protection and commercialization of intellectual property. For example, Kayla has aided clients with all aspects of a new technology product launch, including drafting development agreements, supply and manufacturing agreements, terms and conditions of product purchase, product support and maintenance agreements, and end user license agreements for software products. More generally, Kayla advises clients on trademark, patent, and copyright development, licensing and assignment agreements.

    Information Technology

    Kayla assists clients with technology licensing, development, acquisition, maintenance and servicing agreements. Specifically, in connection with technology development, she assists clients with a wide variety of agreements necessary to protect and exploit technology such as professional services and development contracts, nondisclosure and inventions assignment agreements, and license agreements. Kayla also represents clients licensing software by advising on and negotiating software license, cloud services and software as a service (SaaS) agreements.

    Trademark Prosecution

    Kayla assists clients with brand management including clearance, prosecution, maintenance and enforcement of trademark registrations and rights worldwide. Kayla also aids clients with resolution of ownership and rights disputes including assisting with U.S. Patent and Trademark Office opposition and cancellation proceedings.

    Business Transactions

    Kayla has experience assisting companies with various aspects of their general commercial contracting needs, including employee and independent contractor confidentiality and inventions assignment agreements, non-disclosure agreements, reseller agreements, distribution agreements, sales representative agreements, minimum advertised price policies, website terms of use and privacy policies.

  • Experience
    • Experience

      Experience

      • Represented GrowGeneration Corp. (GrowGen), an owner and operator of a network of specialty hydroponic gardening stores, advising on its acquisition of Agron.io, a leading wholesale agriculture platform powered by proprietary enterprise resource planning (ERP) technology that allows commercial growers to manage their purchasing and logistics in one platform. With this acquisition, announced on March 22, 2021, Agron.io Powered by GrowGeneration continues to be a one-stop destination for GrowGeneration's growing roster of commercial clients across the U.S.

      • Represented GrowGen in its acquisition of Char Coir, an RHP-certified growing medium made from the highest-grade coconut fiber available. Char Coir's line of coco products is projected to add in excess of $15 million in revenue to GrowGen in 2021. The acquisition was announced on March 15, 2021.

      • Represented GrowGeneration Corp. (GrowGen), an owner and operator of a network of specialty hydroponic gardening stores, in connection with its acquisition of Canopy Crop Management, an industry-leading silicic acid company that sells silicic acid-enriched fertilizers. The firm's Capital Markets + Securities Team advised GrowGen on the transaction, which was announced December 23, 2020.

    • Professional Associations

      Professional Associations

      Connecticut Bar Association
      Intellectual Property Section, Executive and Legislative Committees
    • Honors + Awards

      Honors + Awards

      Robinson+Cole Mentor of the Year, 2022

  • NEWS + PRESS
    • Publications

      Publications

      "Transformation or Derivation: Modern Trends in the Fair Use Doctrine from Software to Photography," co-authored with John L. Cordani, published in IPWatchdog. (11/17/2021)
      • » more info

        • Transformation or Derivation: Modern Trends in the Fair Use Doctrine from Software to Photography

        "Transformation or Derivation: Modern Trends in the Fair Use Doctrine from Software to Photography," co-authored by John L. Cordani and Kayla O'Leary Daly, published in IPWatchdog. (11/17/2021)

        The article discusses how the “Fair Use” doctrine has evolved as technology and the way in which people use copyrighted works has advanced. Through an analysis of recent decisions from the U.S. Supreme Court and U.S. Court of Appeals for the Second Circuit, which have resulted in some conflicting guidance, the authors concluded that “[G]iven the emerging trends in the law, it is important for defense counsel to identify and pursue potential fair-use defenses early in a copyright litigation, even outside the traditional areas of commentary, criticism, teaching, news reporting, scholarship, and research.” Read the full article.


    • Presentations

      Presentations

      "Ethical Practices for Communications with Clients, Opposing Parties, and the USPTO," co-presented with John L. Cordani, a Connecticut Bar Association roundtable discussion hosted by the CBA Intellectual Property Section (12/1/2022)
      • » more info

        • Ethical Practices for Communications with Clients, Opposing Parties, and the USPTO

        "Ethical Practices for Communications with Clients, Opposing Parties, and the USPTO," co-presented by Kayla O'Leary Daly and John L. Cordani, a Connecticut Bar Association roundtable discussion hosted by the CBA Intellectual Property Section (12/1/2022)

        The CLE program focused on strategies to ethically communicate with clients, opposing counsel, and government agencies, and included discussion of recent cases, practical tips, and best practices. The presentation also addressed how to effectively communicate the results of IP clearance searches, pursue cease & desist communications, and ethically satisfy your duty of candor to the U.S. Patent and Trademark Office (USPTO). 


      "Food’NBev Connect," co-presented with Jacqueline Pennino Scheib (March and April 2022)
      • » more info

        • Food’NBev Connect

        "Food’NBev Connect," co-presented by Kayla O'Leary Daly and Jacqueline Pennino Scheib (March and April 2022)

        Presented in two parts to Food'NBev, a virtual accelerator for emerging food and beverage brands based in the Northeast. Part one focused on packaging and labeling concerns, including use of natural, organic, Made-in-the-U.S., and environmental claims as well as deceptive advertising and an overview of the agencies and departments that monitor and enforce the applicable laws. Part two of the presentation (in April 2022) included an overview of intellectual property basics and legal concerns for employing certain marketing tactics, including endorsements, electronic marketing communications, sweepstakes and contests.


      "NFTs, Fine Art, and Software: The Many Faces of Copyright Fair Use," as moderator for the virtual program presented by the CT Bar Association's Intellectual Property Section (3/8/2022)
      • » more info

        • NFTs, Fine Art, and Software: The Many Faces of Copyright Fair Use

        "NFTs, Fine Art, and Software: The Many Faces of Copyright Fair Use," presented by Kayla O'Leary Daly, as moderator for the virtual program presented by the CT Bar Association's Intellectual Property Section (3/8/2022)

        The event offered high-level breakdowns of key issues related to the fair use of copyright in a number of areas, including NFTs (non-fungible tokens), social media, fine art, and software. The four-factor test and sub-factors for fair use are a difficult standard to assess, understand, and apply. The panel of experienced presenters walked attendees through various types of work and explained how fair use has interacted with each. The presentation featured a review of copyright fair use standards; a lightning round discussion of fair use issues related to NFTs and social media; the definition and application of “transformative use;” and an in-depth examination of the application of fair use in software cases.


      "Tata Consumer Products," co-presented with Jacqueline Pennino Scheib (February 2022)
      • » more info

        • Tata Consumer Products

        "Tata Consumer Products," co-presented by Kayla O'Leary Daly and Jacqueline Pennino Scheib (February 2022)

        Presented to Tata Consumer Products, a client that is one of the world’s largest manufacturers and distributors of tea and coffee products, on key legal issues concerning marketing and labeling of food and beverage products. The presentation was given to the company’s marketing and compliance departments and covered issues regarding claim substantiation, deceptive advertising, endorsements, sweepstakes and contests, as well as an overview of IP basics and the agencies and departments that monitor and enforce the applicable laws covered in the presentation.


      "Intellectual Property: 2020 SCOTUS Decisions and Other Landmark Cases," (1/19/2021)
      • » more info

        • Intellectual Property: 2020 SCOTUS Decisions and Other Landmark Cases

        "Intellectual Property: 2020 SCOTUS Decisions and Other Landmark Cases," presented by Kayla O'Leary Daly (1/19/2021)

        Kayla O’Leary, a member of the firm’s Intellectual Property + Technology Group, co-presented the Connecticut Bar Association's (CBA) webinar, "Intellectual Property: 2020 SCOTUS Decisions and Other Landmark Cases," on January 19, 2020. The moderated program, designed for intellectual property (IP) practitioners, addressed current standards in IP law, reviewed significant IP cases decided by SCOTUS in 2020, and discussed other major IP decisions. Kayla focused on the U.S. Patent and Trademark Office’s report on artificial intelligence and IP policy, published in October 2020. Kayla is a member of the CBA Intellectual Property Section’s Legislative Committee.


    • News

      R+C in the News

      • August 2, 2022

        Robinson+Cole Presents Annual Awards for Outstanding Contributions

        • » more info

          Robinson+Cole Presents Annual Awards for Outstanding Contributions

          On July 28, 2022, Robinson+Cole recognized 19 lawyers and staff members for their pro bono work, mentoring, community service and efforts to promote a diverse and inclusive work environment as part of the firm's annual awards.

          The Pro Bono Award is presented by the firm’s Pro Bono Committee and honors individuals for their outstanding commitment to Robinson+Cole’s pro bono initiative. This year’s honorees were Megan E. Baroni, Laurie A. Krepto, Ryan V. Leichsenring, Leticia C. Pimentel, Stephani A. Roman and Business Center Specialist Elsa E. Colon and Attorney Career Development Manager Kristopher I. Moore, who were honored for their ongoing dedication and support of diversity, equity and inclusion efforts.

      • January 5, 2022

        Business Transactions Team Represents Hydrofera, LLC in Sale to Essity

      • November 17, 2021

        Kayla O’Leary and John Cordani Author IPWatchdog Article on Modern Trends in the Fair Use Doctrine

        • » more info

          Kayla O’Leary and John Cordani Author IPWatchdog Article on Modern Trends in the Fair Use Doctrine

          Intellectual Property & Technology lawyers, Kayla C. O’Leary and John L. Cordani, co-authored the article, “Transformation or Derivation: Modern Trends in the Fair Use Doctrine from Software to Photography,” published in IPWatchdog on November 17, 2021. In the article, Kayla and John discuss how the “Fair Use” doctrine has evolved as technology and the way in which people use copyrighted works has advanced. Through their analysis of recent decisions from the U.S. Supreme Court and U.S. Court of Appeals for the Second Circuit, resulting in some conflicting guidance, they concluded that “[G]iven the emerging trends in the law, it is important for defense counsel to identify and pursue potential fair-use defenses early in a copyright litigation, even outside the traditional areas of commentary, criticism, teaching, news reporting, scholarship, and research.” Read the full article.

      • November 3, 2021

        Business Transactions Team Represents SmartEquip in Sale to Ritchie Bros.

      • March 31, 2021

        Capital Markets + Securities Team Represents GrowGeneration Corp. in Recent Acquisitions

        • » more info

          Capital Markets + Securities Team Represents GrowGeneration Corp. in Recent Acquisitions

          Robinson+Cole’s Capital Markets and Securities Team (the Team) was pleased to represent GrowGeneration Corp. (GrowGen), an owner and operator of a network of specialty hydroponic gardening stores, in the acquisition of Agron.io, a leading wholesale agriculture platform that allows commercial growers to manage their purchasing and logistics in one platform. Led by Team Chair Mitchell L. Lampert, Frank W. Eucalitto, Michael J. Kearney, Jr., Kayla C. O'Leary, Austin G. Provost, and Jacqueline Pennino Scheib advised GrowGen on the transaction. With this acquisition, announced on March 22, 2021, Agron.io Powered by GrowGeneration continues to be a one-stop destination for GrowGeneration's growing roster of commercial clients across the U.S. Read more.

          In addition, the Team also represented GrowGen in its acquisition of Char Coir, an RHP-certified growing medium made from the highest-grade coconut fiber available. Char Coir's line of coco products is projected to add in excess of $15 million in revenue to GrowGen in 2021. Led by Team Chair Mitch Lampert, Michael Kearney, Kayla O'Leary Taylor A. Shea, Jacqueline Pennino Scheib and Adam T. Tamzoke advised GrowGen on the transaction. The acquisition was announced on March 15, 2021. Read more.

      • February 11, 2021

        Capital Markets + Securities Team Represents GrowGeneration Corp. in Significant Transactions

        • » more info

          Capital Markets + Securities Team Represents GrowGeneration Corp. in Significant Transactions

          Robinson+Cole’s Capital Markets and Securities Team (the Team) was pleased to represent GrowGeneration Corp. (GrowGen), an owner and operator of a network of specialty hydroponic gardening stores, in two recent transactions. On December 11, 2020, GrowGen completed its $150 million follow-on public offering of shares of common stock at $30 per share. GrowGen intends to use those net proceeds primarily to expand its network of stores through growth and acquisitions. The Team advising on the stock offering was led by Team Chair, Mitchell L. Lampert, and included Shant H. Chalian, Frank W. Eucalitto, and Adam T. Tamzoke. Read more.

          The Team also was pleased to represent GrowGen in connection with its acquisition of Canopy Crop Management, an industry-leading silicic acid company that sells silicic acid-enriched fertilizers, which was announced on December 23, 2020. Led by Team Chair Mitchell Lampert, Robinson+Cole’s Megan E. Baroni, Frank Eucalitto, Michael J. Kearney, Jr., Kayla C. O'Leary Jacqueline Pennino Scheib and Emilee Mooney Scott advised GrowGen on the transaction. Read more.

      • January 14, 2021

        Jackie Scheib and Kayla O'Leary Author CT Chapter in INTA Member Publication

        • » more info

          Jackie Scheib and Kayla O'Leary Author CT Chapter in INTA Member Publication

          Intellectual Property + Technology Group members Jackie Pennino Scheib, (Chair), and Kayla O’Leary revised the Connecticut chapter in the latest edition of the International Trademark Association’s (INTA) member publication, U.S. State Trademark and Unfair Competition Law, a comprehensive resource for facts, commentary, and analysis on U.S. state trademark and unfair competition law covering each of the 50 states and Puerto Rico. The publication is updated annually by practitioners in each state. INTA is a global association of brand owners and professionals dedicated to supporting trademarks and related intellectual property to foster consumer trust, economic growth, and innovation. Its membership comprises nearly 6,500 organizations from 185 countries, representing more than 34,350 professionals, including brand owners from major corporations, small- and medium-sized enterprises, law firms, nonprofits, government agency members and the educational community.

    • Legal Updates/Newsletters

      Legal Updates/Newsletters

      "IP+T Intelligence Newsletter" co-authored with John L. Cordani and Maria A. Scungio (Q4 2021)

      "IP + T: Intelligence Newsletter" co-authored with John L. Cordani (Q2 2020)