Attorney at Law Magazine’s Atlanta Intellectual Property Local Legal Authority.
Mr. Maines has served as lead trial counsel to some of the world’s largest entities in controversies of major significance, including shareholder disputes (securities class actions, derivative claims, tender offers, proxy contests, LBOs), competitive disputes (non-compete agreements, antitrust violations, unfair competition and other business torts), information technology and intellectual property claims (patent, trademark, trade secret, trade dress and copyright infringement), breaches of contract (representations and warranties), product liability and toxic tort, consumer claims (privacy and data security breach class actions, Federal Trade Commission and other regulatory investigations, discriminatory or deceptive and unfair business practices, illegal charges, FCRA, FDCPA, TILA and false advertising), employment and insurance coverage disputes, and alleged RICO, fraud, breach of fiduciary duty and negligence actions. He has handled over 130 class actions, has tried 22 cases, and has argued numerous appeals in federal and state courts throughout the country.
Intellectual property law is the protection of one’s creative property, such as writing, music, paintings, drawing, photography or films. Some of the aspects that go into intellectual property law include:
Federal copyright law prevents others from benefiting from your creative property without your permission. The property that is protected by a copyright is an expressive art — such as a script, song, poem, artwork or photography. The copyright gives the owner exclusive right to publish the work, publicly display or perform the work, and to financially benefit from this work while prohibiting others from doing so. The length of time that copyright protection is extended to your creative work depends on the time in which it was created or first published.
Federal and state trademark laws protect logos, slogans, and brand names of your company from being used or duplicated by others. Trademark protection depends on factors such as consumer awareness of the logo, slogan, or brand name, and the geographic location in which the trademark is used.
These laws, governed by the state you’re in, protect your name and image from being used for commercial purposes without your permission.
State and federal trade secrets laws prevent the unauthorized use of sensitive business information and depend on whether or not the business maintains a competitive edge due to the information, as well as whether or not the information is truly secret and something that the competitor does not already have access to.
Patent laws protect the functional parts and ornamental features of your creation, preventing others from creating goods with features that look and perform in the same exact way as your creation does. There are three types of U.S. patents: 1) Utility patents for inventions such as chemicals, machines, and technology; 2) Design patents for protecting the unique way that your invention appears; and 3) Plant patents that protect plant varieties that you’ve created asexually, including hybrid plants. It is important to note that not every creative work requires or qualifies for these protections and some creations require the use of more than one protection.
Atlanta Intellectual property attorneys represent their clients in Georgia and federal courts, as well as the United States Patent and Trademark Office and the International Trade Commission. Some of the duties that Intellectual Property Lawyers in Atlanta undertake for their clients include:
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