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.
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.
Music City Metals v. Cai, et al.
Representing certain defendants in trademark and copyright case brought against numerous sellers of replacement grill parts on Amazon and eBay. Obtained favorable modifications to a temporary restraining order and currently defending against a motion for preliminary injunction. Music City Metals v. Cai, et al. (M.D. Tennessee)
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.
Represented international nonprofit ministry in sale of trademark rights to Daystar Television network.
- 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.
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)
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.
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.
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.
- 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.
- June 17, 2016
- June 17, 2016
- June 17, 2016
- 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 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