There are four main types of intellectual property: copyrights, patents, trademarks and trade secrets. A trademark is a word, phrase, symbol or design that distinguishes the source of the goods or services of one business from its competitors. A trade secret is any information that is secret, i.e., not commonly known or available to the public, has economic value because it is a secret and is subject to reasonable efforts to maintain its secrecy. We know protecting intellectual property like trademarks and trade secrets is vital to commercial success. When your intellectual property rights are threatened—whether through a competitor’s use of a confusingly similar trade name or a departing employee who takes confidential information to a competitor—our attorneys are ready and able to assist. With experience in federal and state court litigation of trademark and trade secret litigation, we have the knowledge necessary to protect your company’s goodwill and brand value.
- Litigated Georgia’s trademark and service mark registration statute, the Uniform Deceptive Trade Practices Act, the Fair Business Practices Act, O.C.G.A. § 23-2-55, the Georgia Trade Secrets Act of 1990; and common law unfair competition claims;
- Successfully employed motions for preliminary injunctive relief to induce settlements whereby competitors of our clients voluntarily agreed to cease using confusingly similar trade names;
- Prosecuted and defended claims for breach of non-disclosure covenants in employment agreements against and on behalf of departing employees; and
- Successfully protected a franchisee’s local goodwill by defeating franchisor’s motion for preliminary injunctive relief in matter involving allegations of trade dress infringement in violation of the Lanham Act.
We also have experience with intellectual property licensing litigation, including prosecuting claims on behalf of the owners of intellectual property for the breach of licensing agreements.