Overview

HunterMaclean’s intellectual property practice group provides comprehensive legal and business counsel on a wide range of intellectual property issues.

Our team works closely with large national companies, small businesses, and newly formed corporations in multiple industries, including software, health care, retail, manufacturing, construction, financial, institutional, entertainment, nonprofit, and others.

Our trial attorneys prosecute and defend against actions for infringement, from the TRO stage through trial. They also represent clients in trademark disputes before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office. Our transactional attorneys work with clients to license rights to patents, trademarks, and copyrights, from both the licensor and licensee perspectives. We also work with our clients to develop strategies to optimize the use of their intellectual property resources across multiple media platforms.

Our services include:

  • Representing clients in patent, trademark, and copyright infringement litigation.
  • Assisting clients in protecting intellectual property assets developed by employees through appropriate policies and procedures.
  • Filing copyright applications for various works of authorship including software and multimedia works.
  • Filing and prosecuting trademark, servicemark, and trade dress applications on the state, national, and international levels.
  • Drafting confidentiality and non-disclosure agreements for use in employment, consulting, and vendor-customer relationships.
  • Representing clients in domain name disputes under trademark law and the Anticybersquatting Consumer Protection Act.
  • Drafting and negotiating software license and services agreements.
  • Managing and maintaining clients’ trademark portfolios.
  • Drafting and responding to cease and desist letters.
  • Drafting and negotiating trademark, copyright, and patent licenses and assignments.

Experience

  • Successfully represented recording artist and record label in obtaining royalties from online music provider for the unlicensed digital distribution of recordings through Apple iTunes and other internet music retailers.
  • Successfully represented national retail client in copyright infringement claims over fabric patterns.
  • Successfully represented international product company in Lanham Act dispute, including claims of false advertising, trademark infringement, and trade dress infringement.
  • Successfully represented numerous clients in takedown of websites based on claims arising under traditional trademark infringement and the Anticybersquatting Consumer Protection Act.
  • Successfully represented numerous clients in overcoming trademark office actions issued by the U.S. Patent and Trademark Office.
  • Successfully represented one of the world’s largest music companies against claims of copyright infringement.

Publications & Presentations

Publications

The Rise of the ‘Patent Troll’

This article in the E-Commerce Law & Policy newsletter discusses patent trolls.

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Workplace Social Media Rules Are In Transition

This article for Business in Savannah explores the changing social media landscape in today’s workplace.

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Patent Trolls - SHIELD - Bates Lovett

Days Numbered for "Patent Trolls"

This article for Business in Savannah discusses the Saving High-Tech Innovations from Egregious Legal Disputes Act of 2012 (SHIELD), which introduces a new “loser pays” rule in patent infringement litigation.

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Does Your Business Need to Register Its Trademarks or Copyrights?

By Rachel Young Fields, published on May 16, 2012, in Business in Savannah.

As e-commerce expands and access to original work on the Internet increases, the need for businesses to protect intellectual property has become increasingly urgent.

Trademarks and copyrights, two distinct forms of intellectual property, are governed by different bodies of law. A copyright protects original works of authorship that have been fixed in a tangible medium of expression. Books, songs, paintings, plays, architecture and computer software, for example, are all eligible for copyright protection. Although a copyright does not protect facts, ideas, concepts, systems or methods, the way these things are expressed can often be protected by copyright. Copyright protection originates in the United States Constitution and is outlined by the Copyright Act.

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Copyright Registration Necessary to Enforce Rights Under Copyright Act

By Rachel Young Fields, published on June 22, 2011, in Business in Savannah.

Although it is true that a copyright is formed at the moment of creation, enforcing that right is impossible without a valid copyright registration from the U.S. Copyright Office.

A copyright is a form of protection for original works of authorship, including literary, dramatic, musical and artistic works; a copyright does not protect ideas, concepts, systems, or methods. Books, songs, paintings, sculptures, and plays, for example, can all be copyrighted. This grant of protection originates in the U.S. Constitution and is outlined by the Copyright Act.

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The Growing Importance of Brands and Trademarks in Today's Economy

This article discusses the importance of trademarks and trademark protection, particularly in light of current economic trends.

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Protecting Confidential Information and Business Relationships

By Thomas S. Cullen, published on April 2, 2000, in Savannah Morning News.

The labor force is becoming increasingly more mobile, and in today’s market, employees with access to confidential information and contact with customers often leave their jobs for other opportunities.

Given this environment, employers must find a way to protect confidential information and customer relationships and also retain valued employees. There are various pro-active steps that employers can take to limit unfair advantage to their competitors.

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Presentations

Intellectual Property Concerns for Filmmakers

Presented to Savannah College of Art and Design documentarian students in May 2013 by Rachel Young Fields with co-presenter Benjamin Karpf.

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Licensing for Inventors

Presented to Georgia Institute of Technology, Enterprise Innovation Institute in March 2009 by HunterMaclean Attorneys with co-presenter Bill Needle.

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Business-to-Business e-Commerce

Presented at University of Dayton School of Law Eleventh Annual Seminar on Significant Developments in the Intellectual Property Law of Computers and Cyberspace in Dayton, Ohio, in June 2000 by Diana J. P. McKenzie.

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News

20 HunterMaclean Attorneys Listed in The Best Lawyers in America© 2016

HunterMaclean, a leading business law firm with offices in Savannah and Brunswick, is pleased to announce that 20 attorneys from the firm were selected for inclusion in The Best Lawyers in America© 2016.

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HunterMaclean Partner Rachel Young Fields Named a Generation NEXT Rising Star of Business

Savannah Magazine and Business in Savannah recently honored HunterMaclean partner Rachel Young Fields as a 2015 Generation NEXT: Savannah’s Rising Star of Business. She joined HunterMaclean in 2007 and primarily practices in the areas of business litigation and intellectual property.

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Georgia CEO: HunterMaclean Marks 135 Years in the Practice of Law

The year 2014 marks the 135th anniversary of HunterMaclean. Lucy Adams from Georgia CEO interviewed Managing Partner Frank Macgill regarding HunterMaclean’s history, areas of expertise, milestone anniversary, and future.

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SMN: Goodwill Hunting Good for Business

Intellectual property attorneys Rachel Young Fields and Matthew Henderson spoke about the importance of trademarks at the Small Business Council Smart Luncheon held at the Savannah Morning News Auditorium on May 6, 2014.

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25 HunterMaclean Attorneys Selected for The Best Lawyers in America® 2014

HunterMaclean is pleased to announce that 25 lawyers from the firm were recently selected by their peers for inclusion in The Best Lawyers in America® 2014.

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28 HunterMaclean Attorneys Among 'Best'

HunterMaclean, a business law firm with offices in Savannah and Brunswick, has announced that 28 lawyers from the firm were selected for inclusion in The Best Lawyers in America 2013.

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