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Gail Podolsky

Gail Podolsky

Shareholder

Overview

Gail Podolsky chairs the technology industry group and represents clients at all stages of their growth. She concentrates her practice on the commercialization of intellectual property with particular emphasis on trademarks, copyrights, patents and anti-counterfeiting. She also has significant experience in entertainment and business litigation.

Gail has extensive experience in state and federal court, before the United States Patent and Trademark Office, and through alternative dispute resolution procedures like mediation and UDRP proceedings. Gail also handles transactional intellectual property matters, which include drafting and negotiating various types of agreements, drafting terms of use and privacy policies for websites, conducting intellectual property audits, and preparing, filing, and prosecuting trademark and copyright applications. She frequently counsels businesses and individuals in brand management, brand enforcement, domain name, promotional, and advertising issues, and protecting, procuring, and enhancing intellectual property as a commercial asset.

Gail is AV Preeminent rated by Martindale-Hubbell and was selected by Georgia Super Lawyers as a Rising Star in 2009, 2010, 2011, and 2015-2017.

Experience

  • Obtained temporary restraining orders, seizure orders, and asset freezes for various companies and executed counterfeit raids throughout the country.
  • Obtained $7.8 million in sanctions for civil contempt for violation of a permanent injunction.
  • Obtained judgment of more than $3.8 million for breach of contract and securities fraud against a famous football player and his company.
  • Obtained summary judgment for trademark infringement, false advertising, violations of the Computer Fraud and Abuse Act, and related causes of action for a major telecommunications company.
  • Advised and counseled recording artists regarding transactions and various legal and business issues within the entertainment industry.
  • Prepared terms of use and privacy policies for numerous companies in various industries, including, restaurant franchisors, food distributors, and financial planning firms.

Representative Cases

  • Sprint Solutions Inc. et al. v. Tijerina Group LLC et al., --- F.Supp.3d ---, 2016 WL 4542036 (S.D. Tex. Aug. 31, 2016).
  • Sprint Solutions, Inc. v. Fils-Amie, 44 F.Supp.3d 1224 (S.D. Fla. 2014).
  • Sprint Nextel Corporation v. Ace Wholesale, Inc., 2014 WL 4308355 (S.D.N.Y. 2014).
  • Sprint Nextel Corporation v. Simple Cell, Inc., --- F.Supp.2d ---, 2014 WL 3536996 (D. Md. 2014).
  • T-Mobile USA, Inc. v. AU Electronics, Inc., 2014 WL 258495 (N.D. Ill. 2014).
  • Sprint Nextel Corporation v. AU Electronics, Inc., 2014 WL 258808 (N.D. Ill. 2014).
  • TracFone Wireless, Inc. v. GCA Electronics, LLC, 950 F.Supp.2d 1326 (N.D. Ga. 2013).
  • T-Mobile USA, Inc. v. Terry, 862 F.Supp.2d 1121 (W.D. Wa. 2012).
  • CBT Flint Partners, LLC v. Return Path, Inc., 870 F.Supp.2d 1369 (N.D. Ga. 2007).
  • TracFone Wireless, Inc. v. Zip Wireless Products, Inc., 716 F. Supp. 2d 1275 (N.D. Ga. 2010).
  • Dickson Industries, Inc. v. Patent Enforcement Team, L.L.C., 333 Fed. Appx. 514 (Fed. Cir. 2009).
  • TracFone Wireless, Inc. v. Access Telecom, Inc., 642 F. Supp. 2d 1354 (S.D. Fla. 2009).
  • Rabbit Tanaka Corp. USA v. Paradies Shops, Inc., 598 F. Supp. 2d 836 (N.D. Ill. 2009).
  • CBT Flint Partners, LLC v. Return Path, Inc., 566 F. Supp. 2d 1363 (N.D. Ga. 2007).
  • Unique Sports Products, Inc. v. Wilson Sporting Goods Co., 512 F. Supp. 2d 1318 (N.D. Ga. 2007).

Recognition

  • AV Preeminent Rated by Martindale-Hubbell
  • Most Effective Lawyers Award, Daily Business Review (2016)
  • Selected for inclusion in Georgia Super Lawyers Rising Stars (2009-2011, 2015-2017)

Professional & Community Involvement

  • State Bar of Georgia
  • American Bar Association
    • Section of Intellectual Property Law
      • Trademark Litigation
  • American Intellectual Property Law Association
    • Vice Chair, Anti-Counterfeiting Committee
  • Internal Trademark Association’s (INTA)
    • Parallel Imports Committee
    • Member, North America Subcommittee
  • Young Lawyers Division of Intellectual Property and Internet Law
  • American Civil Liberties Union
    • President, Georgia Chapter (2012-2014)
  • Anti-Defamation League, Glass Leadership Institute

Speaking Engagements

  • “Content, Clearance and Intellectual Property,” Atlanta Film Festival (April 2011)
  • “Identifying, Managing, and Evaluating Intellectual Property Assets,” American Institute of CPAs International Business Conference (June 2011)

Credentials

Education
  • Emory University School of Law (J.D., 2004)
    • Managing Editor, Bankruptcy Law Journal
  • Emory University (B.B.A., 2001)
Bar Admissions
  • Georgia
Court Admissions
  • United States Supreme Court
  • Georgia Supreme Court
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Georgia
  • U.S. District Court, Northern District of Georgia
  • U.S. District Court, Southern District of Georgia
  • U.S. District Court, Eastern District of Michigan
  • U.S. Bankruptcy Court, Northern District of Georgia
  • U.S. Bankruptcy Court, Southern District of Georgia
  • Georgia Court of Appeals

Background

  • Associate, Greenberg Traurig, Atlanta
     

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.