Deborah Ausburn and Amanda Hyland Successfully Represent Tea Party Patriots in IP, Trademark Rights Case

November 16, 2011

Atlanta-November 11, 2011- Attorneys Deborah Ausburn and Amanda Hyland of Atlanta law firm Taylor English Duma LLP won a significant jury verdict in Cobb County Superior Court last week. Their client, Tea Party Patriots, Inc., had been forced to go to court against a former member of its Board of Directors who claimed that the name of the organization and related websites belonged to her. The defendant, Amy Kremer, worked with other people to start the organization in the summer of 2009. After disagreements developed among board members concerning the direction of the organization that culminated in her leaving a few months later and joining another tea party group, she claimed that she owned the group’s identifying marks. Tea Party Patriots, Inc., successfully convinced the jury that it owned the trademark because Ms. Kremer and many others had done their work on behalf of the organization, including many activities far beyond Ms. Kremer's original online groups. “We are happy that the Taylor English team was able to help our client retain rights to its identity,” said Ms. Ausburn. “Many people invested time and energy to build the organization in its early days. The jury recognized that when a group of people, including Ms. Kremer, work as part of an organization, it is unfair for one individual to claim rights to everyone’s work.” Ms. Ausburn and Ms. Hyland are members of the Taylor English Litigation and Dispute Resolution practice group. Ms. Hyland is a fifth-year associate with a strong background in trademark and defamation law, and Ms. Ausburn is an experienced litigator who has twice successfully appeared before the U.S. Supreme Court.

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