Intellectual Property

Protecting the Value of Your Business

For our clients who depend on proprietary products and technologies, business methods, and brand identification for their bottom line, no aspect of legal representation is more critical than the protection of intellectual property. Our intellectual property attorneys help clients develop appropriate strategies to identify and protect inventions and technology, and when necessary, help our clients enforce their rights in those inventions and technology. 

Our lawyers assist clients with all aspects of intellectual property law, including, trademarks, service marks, copyrights, patents, trade secrets, domain name and internet issues, social media, privacy, licensing, and protective agreements. We assist clients in transactions involving these critical assets, and we handle litigation related to each of these areas.

Trademarks

For many companies, a brand is the value of the company. We work diligently to assist clients with all stages of brand management from developing branding strategies, selecting and clearing marks, obtaining federal and state registrations for those marks, developing and implementing appropriate licensing strategies, and enforcing the brand rights.

Our attorneys have experience in each of these areas as well as experience handling proceedings at the TTAB, conducting IP due diligence for transactions, handling domain name issues and litigating trademark related disputes including infringement, unfair competition and false advertising.

Copyrights

We assist clients in the registration of their copyright interests as well as the licensing and sale of their works. Our copyright attorneys regularly advise clients with respect to protectability of their works, infringement concerns, fair use, proper use of others' materials, and commercialization of their works. We also assist clients in developing appropriate internet policies that comply with the Digital Millennium Copyright Act.

Patents

Our patent attorneys evaluate our clients' inventions for patentability and infringement purposes, assist in obtaining patent protection for the inventions, develop profitable licensing strategies, and enforce those rights when appropriate. We assist clients with portfolio management, due diligence efforts, development and licensing agreements, and all aspects of patent prosecution.

Trade Secrets

First and foremost we work with clients to identify their trade secrets and develop plans to protect those trade secrets. Our services include development of an overall trade secret protection plan, preparation of confidentiality agreements, employee agreements, necessary manuals, and other individualized policies. We work with clients to understand not only how to identify their trade secrets but how to take steps on a daily basis to protect and maintain their rights in these trade secrets.

Technology Transactions and IP Due Diligence

In conjunction with our Mergers and Acquisitions group, we assist clients in transactions involving their intellectual property assets. We help clients determine the value of the intellectual property, assess their intellectual property portfolios, identify areas for growth, verify IP ownership, and negotiate the corresponding transaction documents to close the deal.

Licensing

Our IP attorneys prepare and negotiate technology agreements to manage rights in our clients' intellectual property, including licenses, assignments, joint development agreements, and research agreement. We regularly work with our clients to develop strategies for exploiting an existing intellectual property portfolio and maximizing its value, as well as to license necessary inbound technologies on favorable terms.

Intellectual Property Litigation

Our attorneys represent and defend our clients' interests in federal and state courts and before the Trademark Trial and Appeal Board. Our intellectual property litigation group has experience handling trademark, copyright, unfair competition, trade secret, and patent claims as well as claims of unfair competition, false advertising, counterfeiting, and antitrust violations.

Technology

Our technology attorneys focus on all aspects of representing technology-based companies. We work with these companies throughout their life assisting with start-up issues specific to technology companies, techniques and strategies for protecting and exploiting their technology, development of appropriate employee agreements and policies, development of licensing strategies, acquisitions of related technologies, and when the time comes, due diligence and assistance in negotiating the best exit strategy for the company. Our technology expertise includes representation of clients and handling transactions in the software, biotechnology, entertainment, health care, manufacturing, consumer products, telecommunications, life sciences, food and beverage, energy, hospitality, and franchise industries.

Our Attorneys

Matthew Barnes
Partner ~ Birmingham, Alabama|
(205) 458-5120
(205) 278-4597
Matthew
Emily Dennis
Associate ~ Nashville, Tennessee|
(615) 724-3217
(615) 724-3317
Emily
David Dowd, III
Partner ~ Birmingham, Alabama|
(205) 458-5293
(205) 244-5629
David
Nancy Fouad Carey
Associate ~ Birmingham, Alabama|
(205) 458-5425
(205) 244-5603
Nancy
Tully Hazell
Partner ~ Atlanta, Georgia|
(404) 685-4317
(404) 817-3244
Tully
Harvey Kauget
Partner ~ Tampa, Florida|
(813) 367-5755
(813) 357-3555
Harvey
Robert Lockwood
Partner ~ Atlanta, Georgia|
(404) 685-4269
(404) 214-7952
Robert
Ellen Mathews
Associate ~ Birmingham, Alabama|
(205) 458-5410
(205) 714-6897
Ellen
Thomas Potter, III
Partner ~ Nashville, Tennessee|
(615) 724-3231
(615) 724-3331
Thomas
Gene Price
Partner ~ Birmingham, Alabama|
(205) 458-5328
(205) 244-5698
Gene
India Vincent
Partner ~ Birmingham, Alabama|
(205) 458-5284
(205) 244-5714
India
Thomas Wood
Partner ~ Mobile, Alabama|
(251) 345-8203
(251) 706-2412
Thomas

Experience Matters

Brief sentence defining representative matters.

  • Company Restructure

    Represented client Budgetext Corporation, a distributor of educational materials having sales in excess of $100,000,000 annually, with the recapitalization and restructuring of the Company in connection with the offering of shares to third party investors. Work included negotiation of contracts, analysis, review and preparation of due diligence materials and offering materials, advice on tax matters, and review of structuring issues. Proposed transaction included sale of subsidiaries in Puerto Rico and Panama.
  • Contract Negotiation for Country's Largest Industrial Project

    Represent owner in the construction of a $5 billion heavy industrial manufacturing facility in Alabama. This representation includes drafting and negotiating construction contracts, equipment purchase contracts, equipment erection contracts, purchase order terms and conditions, logistics contracts, and consulting contracts. Representation of this client also includes managing construction claims, and defending against contract and project disputes.
  • Global Settlement

    Represented limited liability properties corporation in Global Settlement of $51 Million Bank Loans to three affiliated syndicated real estate investment limited partnerships. The scope of the transaction involved negotiation of settlement agreement with a large bank, formation of holding company for the consolidation of real property owned by the investment partnerships, the consolidation of the restructured bank debt, tax planning on formation of the holding company and restructure of the indebtedness.
  • Disposition of Assets

    Represented Bill Heard Enterprises in the disposition of 8 automotive dealerships and the winding down of 12 other dealerships during the first quarter of 2009. Dealerships were located in Tennessee, Nevada, Florida, Georgia, Texas and Alabama. Transactions were negotiated and closed as part of the Chapter 11 reorganization of Bill Heard Enterprises and its subsidiaries conducted in the United States Bankruptcy Court for the Northern District of Alabama. The firm handled the bankruptcy proceeding and dealt with complex franchise and financing issues in conveying the assets to eventual purchasers. Sales procedures included controlled auction sales of several of the businesses.
  • Sale of Assets

    Represent the sellers of a large, multiple location family-owned pharmacy business to a national pharmacy chain buyer.