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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 fintech, insurtech, esports and electronic gaming, defamation,entertainment and business litigation.

Gail has extensive experience in state and federal court, before the U.S. 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 rated by Martindale-Hubbell and was selected by Daily Business Review as a “Most Effective Lawyer” and named to the 2019 Georgia Rising Stars list by Super Lawyers Magazine.

Featured Insights

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

  • Global Widget, LLC v. A.R.T. Wholesale LLC, No. 1:19-cv-02136, 2019 WL 3244489 (N.D. Ga. July 18, 2019).
  • Bell v. Johnson Publ’g Co., No. 7:16-cv-00016, 2018 WL 357888 (M.D. Ga. Jan. 10, 2018).
  • Eakin v. Rosen, No. 7:15-cv-00224, 2017 WL 5709564 (M.D. Ga. Nov. 27, 2017).
  • Sprint Sols. Inc. v. Tijerina Grp. LLC, No. 4:16-cv-01200, 2016 WL 4542036 (S.D. Tex. Aug. 31, 2016).
  • Sprint Sols., Inc. v. Fils-Amie, 44 F. Supp. 3d 1224 (S.D. Fla. 2014).
  • Sprint Nextel Corp. v. Ace Wholesale, Inc., No. 1:14–mc–00247, 2014 WL 4308355 (S.D.N.Y. Aug. 26, 2014).
  • Sprint Nextel Corp. v. Simple Cell, Inc., 31 F. Supp. 3d 710 (D. Md. 2014).
  • T-Mobile USA, Inc. v. AU Elecs., Inc., No. 1:12-cv-10046, 2014 WL 258495 (N.D. Ill. Jan. 23, 2014).
  • Sprint Nextel Corp. v. AU Elecs., Inc., No. 1:12-cv-09095, 2014 WL 258808 (N.D. Ill. Jan. 23, 2014).
  • TracFone Wireless, Inc. v. GCA Elecs., 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 Prods., Inc., 716 F. Supp. 2d 1275 (N.D. Ga. 2010).
  • Dickson Indus., Inc. v. Patent Enforcement Team, L.L.C., 333 F. App'x 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 Prods., Inc. v. Wilson Sporting Goods Co., 512 F. Supp. 2d 1318 (N.D. Ga. 2007).

Featured Insights

All Insights

Recognition

  • AV Rated by Martindale-Hubbell
  • ACLU of Georgia Volunteer Leadership Award (2019)
  • Georgia Rising Stars, Super Lawyers Magazine (2009–2011, 2015–2019)
  • Most Effective Lawyers Award, Daily Business Review (2016)

Professional & Community Involvement

  • International Trademark Association
    • Parallel Imports Committee
    • North America Subcommittee
  • American Bar Association
    • Section of Intellectual Property Law
      • Trademark Litigation
    • Young Lawyers Division: Intellectual Property and Internet Law
  • American Intellectual Property Law Association
    • Vice Chair, Anti-Counterfeiting Committee
    • Legislation Committee
  • American Civil Liberties Union
    • President, Georgia Chapter (2012–2018)
    • National Board Representative (2018–present)
  • Anti-Defamation League
    • Glass Leadership Institute
  • State Bar of Georgia

Speaking Engagements

  • “Forum on Brand Protection and Anti-Counterfeiting Strategies,” U.S. Patent and Trademark Office (June 2019)
  • Guest on LAN Party Lawyers Podcast, “Covering Your Digital Assets: Intellectual Property Rights and Gaming” (June 2019)
  • Guest on NPR’s “On Second Thought” (January and February 2016)
  • “World IP Day Celebration,” Emory University School of Law (April 2015)
  • “Understanding and Implementing the Likelihood of Confusion Standard,” The Knowledge Group (July 2012)
  • “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
  • U.S. 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

Background

  • Associate, Greenberg Traurig, Atlanta, GA

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.