Our attorneys advise clients in identifying, registering and enforcing trademarks. This includes:
- Searching for availability and analyzing risks of adopting a trademark,
- Acquiring trademarks through federal and state trademark registrations,
- Integrating trademark portfolios with branding strategies and marketing campaigns,
- Preparing trademark usage guides and programs,
- Creating trademark licensing programs to maximize revenue and protect trademark assets,
- Implementing trademark monitoring programs to identify infringing activities, and
- Prosecuting and defending trademark infringement actions.
Taylor English attorneys successfully prosecuted the Grildaf USA, Inc. v. Momma Goldberg’s Deli, Inc. opposition proceeding involving competing restaurant chains that used GOLDBERG’S as part of the mark.
Defended Amazon seller and individual defendants in Georgia action involving complaints made to Amazon about competitor's conduct. After successfully obtaining a dismissal of multiple defendants in the Georgia case, our firm filed an offensive action for trademark infringement and counterfeiting in New York. The parties reached a confidential settlement shortly after the New York case was filed.
- Obtained Favorable Settlement in National Credit Union Trademark Dispute in the Trademark Trial and Appeal Board
Amanda Hyland litigated a trademark dispute in the Trademark Trial and Appeal Board achieving a favorable settlement in a dispute between two chartered credit unions.
- Defeated motion for preliminary injunction in copyright and trademark litigation over replacement grill parts
Music City Metals v. Cai, et al.
Represented certain defendants in a trademark and copyright case brought against numerous sellers of replacement grill parts on Amazon and eBay. Obtained advantageous modifications to a temporary restraining order and successfully defended against a motion for preliminary injunction, which promptly resulted in a favorable settlement for our clients. Music City Metals v. Cai, et al. (M.D. Tennessee
Taylor English Duma LLP obtained a favorable settlement for its client Anvil International, a national pipe coupling manufacturer, in more than a dozen opposition proceedings in the Trademark Trial and Appeal board filed against Home Depot.
Mission Pharmacal Co. v. Virtus Pharma., LLC
Led the defense of generic pharmaceutical company in a case involving allegations of false advertising and infringement of a patent related to prenatal vitamins and iron supplements. The parties reached a confidential settlement right before trial. Mission Pharmacal Co. v. Virtus Pharma., LLC (W.D. Texas)
Amanda Hyland is outside intellectual property counsel for SiteOne , a wholesale landscaping supply company formerly known as John Deere Landscapes. Ms. Hyland provides national and international trademark portfolio management for SiteOne’s hundreds of trademarks, including counsel on matters relating to intellectual property disputes, new brand development, and global IP management.
Won a significant jury verdict in the Northern District of Georgia under the Anti-Cybersquatting Consumer Protection Act (ACCPA) for a national provider of industrial and commercial waste and recycling solutions. The jury awarded full statutory damages, and the Court later awarded $185,000 in attorneys' fees to our client. The jury award and the attorney’s fee award were upheld on appeal to the 11th Circuit Court of Appeals.
Amanda Hyland handles trademark enforcement for a 2,500-location national restaurant chain.
Represented international nonprofit ministry in sale of trademark rights to Daystar Television network.
Amanda Hyland represented a Denver liquor distillery in trademark and rights of publicity claims arising from a dispute between Jimi Hendrix’s heirs and other family as to the right to use the term “Purple Haze.” Ms. Hyland obtained a full dismissal of claims against the distillery.
- Defense of international consumer product manufacturer in suit alleging patent and trade dress infringement
Led defense of Georgia-based company in patent and trade dress litigation involving a consumer product. After initial aggressive discovery and a mediation, we achieved a favorable settlement for the client.
Amanda Hyland represents Cradle to Cradle Products Innovation Institute in its trademark portfolio and licensing matters, including its extensive international trademark certification program whereby it certifies products as meeting certain environmentally sustainability standards.
The Massachusetts case, brought on behalf of Mueller Co., alleged that a competing fire hydrant distributor was making false claims about the characteristics and origin of Mueller’s fire hydrants and falsely claiming its hydrants were comparable to Mueller’s hydrants. Mueller asserted claims for trademark infringement, product disparagement, libel, and unfair competition. At the close of discovery, the defendant agreed to an injunction to cease all ...
Serves as outside counsel for all media, merchandising, blogging, copyright, trademark, and social media inquiries for several national conservative non-profit groups, including Tea Party Patriots and Center for Self Governance.
Obtained consent injunctions in cases pending throughout Southeastern United States. Ceased the importation and sales activities of nearly one dozen gray market Yanmar tractor importers.
Resolved several cases in which client, a national gift and home goods manufacturer, asserted trade dress and design patent infringement claims against competitors. The cases involved the popular cylindrical packaging for wine glasses.
Represented a national athletic goods manufacturer in case defending the client's trademark registration in the color blue for tennis grip tape. Achieved favorable ruling from bench trial in the Northern District of Georgia in which the court upheld our client's trademark registration.
Initiated and resolved trademark litigation for GradSave, a college savings plan company. The lawsuit, filed in the Southern District of Florida, asserted claims for trademark infringement against another web company using the mark “GradSaver.” The matter was settled confidentially.
- Current representation of major coatings company in defense of trademark, trade secret, defamation, and other claims
Currently representing Gulf Synthetics in an action brought by former business partner and his new company claiming trademark infringement, defamation and trade secret misappropriation relating to the deck coatings business.
Led the defense of H-E Parts against ESCO Corporation in a case involving allegations of trademark infringement and infringement of a patent related to excavator teeth on heavy equipment. We negotiated a favorable settlement with plaintiff. Esco Corporation v. H-E Parts et al.
Provided counsel to one of the largest providers of in-home residential delivery services in the United States on all intellectual property matters. These matters range from prosecuting and maintaining the client’s patent and trademark portfolio, to counseling the client on protecting its trade secrets, to anonymously negotiating and obtaining a licensing agreement with a prolific non-practicing entity with a history of targeting businesses in the ...
Led defense of New Hampshire-based company in patent and trade dress litigation involving drop prevention products. Assisted prosecution counsel with successful petition for Inter Partes Review at USPTO and successfully deferred related litigation, resulting in a favorable settlement for the client.
Assisted the Atlanta Braves in their trademark clearance process.
- Obtained jury verdict in favor of a non-profit advocacy group in trademark and defamation jury trial
Successfully defended non-profit advocacy group against claim that it did not own rights to its name.
- November 6, 2017
- June 17, 2016
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- June 17, 2016
- "Taylor English's David Hricik Appointed to American Law Institute," East Cobb Patch, Marietta Patch and Smyrna-Vinings PatchFebruary 16, 2016
- November 1, 2018
- April 23, 2018
- November 17, 2016
- November 1, 2016
- August 15, 2016
- February 25, 2016
- February 3, 2016
- August 17, 2015
- August 28, 2013
- November 9, 2016
- July 19, 2016
- "Ninth Circuit Decision Will Prompt More College Athlete Trademark Registrations," Intellectual Property StrategistDecember 11, 2015
- Atlanta, Ga., May 1, 2016
- "Beware the Death-Defying Design: IP Rights Can Survive Patent Expiration," Daily Report's In-House Counsel CLE SeminarAtlanta, Ga., March 15, 2016