Gail Podolsky

404.282.7776

Practice Experience

Gail represents clients at all stages of their growth. She concentrates her practice on the commercialization of intellectual property with particular emphasis on trademarks, copyrights, trade secrets, anti-counterfeiting, and fraud prevention. For over fifteen years, Gail has represented communications companies in identifying, mitigating, and litigating various types of fraud, including handset trafficking, upgrade, SIM swap, and port-out fraud, identity theft, and account takeover. She also has significant experience in AdTech, FinTech, InsurTech, eSports and electronic gaming, the Stored Communications Act, defamation, entertainment, and business litigation matters.

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. She 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 Daily Business Review as a Most Effective Lawyer and Georgia Super Lawyers acknowledged Ms. Podolsky as a Rising Star.

Representative Matters

Obtained temporary restraining orders, seizure orders, and asset freezes for various companies and executed counterfeit raids throughout the country.
Obtained $7,804,870.38 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:

Xfinity Mobile v. Globalgurutech LLC, 2023 WL 6795084 (D. Ariz. Oct. 13, 2023).
Dewberry Engineers Inc. v. Dewberry Group, Inc., 77 F.4th 265 (4th Cir. 2023).
DirecTV, LLC v. WNK Associates, Inc., 2023 WL 3605969 (E.D. Tx. May 23, 2023).
Xfinity Mobile v. D Town Trading Inc., 669 F.Supp.3d 552 (W.D.N.C. 2023).
Georgia State Conference of Nat'l Ass'n for Advancement of Colored People v. DeKalb Cty. Bd. of Registration & Elections, 2020 WL 5239127 (N.D. Ga. Sept. 2, 2020).
Xfinity Mobile v. AS Trading Corp., 2020 WL 5215097, at *1 (S.D. Fla. Sept. 1, 2020)
Xfinity Mobile v. Devin Tech, Inc., 2019 WL 9831670 (N.D. Ga. Aug. 20, 2019).
Global Widget, LLC v. A.R.T. Wholesale LLC, 2019 WL 3244489 (N.D. Ga. July 18, 2019).
Bell v. Johnson Publishing Company, LLC, 2018 WL 357888 (M.D. Ga. Jan. 10, 2018).
Eakin v. Rosen, 2017 WL 5709564 (M.D. Ga. Nov. 27, 2017).
Sprint Solutions Inc. et al. v. Tijerina Group LLC et al., 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., 31 F.Supp.3d 710 (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).

Publications

Author, “How to Protect Your Brand From Counterfeiters,” Cannabis Industry Journal (Nov. 25, 2019).
Co-Author, “Changes to the Patent Landscape for the Insurance and Financial Industries,” Carlton Fields Client Alert (July 11, 2019).
Co-Author, ".Health: What You Need to Know About the Internet’s Newest Domain Name," Carlton Fields Client Alert (April 25, 2017).
Author, "Online Behavioral Advertising Guidelines Go Mobile," Expect Focus Vol. III (Summer 2015).
Co-Author, "Hiring Considerations for Startups: A Checklist," JD Supra Perspectives (August 2015).
Co-Author, "Online Merchants Beware: The New FTC Rule on Internet, Mail, and Telephone Order Purchases," Of Counsel: The Legal Practice and Management Report (January 2015).
Co-Author, "Online Merchants Beware: There’s a New FTC Rule on Internet Purchases," Expect Focus, Vol. IV (Fall 2014).
"Start-Up Tech Company Will Not Change the Future of Television," Expect Focus, Vol. II (Spring 2014).
"USPTO Introduces Database to Combine, Enhance, and Replace TARR and TDR" (August 30, 2012).
“A Guide to Secondary Meaning Surveys,” Law360 (February 1, 2012).
Client Alert: “Who Owns Your Software?” (November 16, 2010).
“Government’s Use of Photograph Depicting Sculpture It Commissioned Does Not Constitute Fair Use,” Annual Review of Intellectual Property Law Developments (2010).
“California’s Single-Publication Rule Applies to Common Law Right of Publicity and False Endorsement Under the Lanham Act,” Annual Review of Intellectual Property Law Developments (2010).
“Res Judicata Will Not Bar a Plaintiff from Exercising the Right To Refrain from Adding an After-Acquired Claim,” Annual Review of Intellectual Property Law Developments (2010).
"The Importance of Valuing Intellectual Property from an Attorney’s Perspective," Intellectual Property Litigation Insights (August 2009).

Speaking Engagements

Presenter, “Forum on Brand Protection and Anti-Counterfeiting Strategies,” United States 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)
Presenter, “World IP Day Celebration,” Emory School of Law (April 2015)
Presenter, “Understanding and Implementing the Likelihood of Confusion Standard,” The Knowledge Group (July 2012)
Presenter, “Content, Clearance and Intellectual Property,” Atlanta Film Festival (April 2011)
Presenter, “Identifying, Managing, and Evaluating Intellectual Property Assets,” American Institute of CPAs International Business Conference (June 2011)

Professional Recognition

The Best Lawyers in America, Privacy and Data Security Law (2021)
Georgia Intellectual Property Alliance’s Intellectual Property Community Service Award (2020)
ACLU of Georgia Volunteer Leadership Award (2019)
Most Effective Lawyers Award, Daily Business Review (2016)
Selected for inclusion in Georgia Super Lawyers Rising Stars (2009-2011, 2015-2020)
AV Preeminent Rated by Martindale-Hubbell

Professional and Civic Activities

State Bar of Georgia
ABA Section of Intellectual Property Law: Trademark Litigation
American Intellectual Property Law Association Anti-Counterfeiting Committee, Chair
American Intellectual Property Law Association Legislation Committee, Member
American Intellectual Property Law Association Trademark Relations with the US Patent and Trademark Office Committee, Vice-Chair
Georgia Intellectual Property Alliance, Board Member (2022-present)
United States Intellectual Property Alliance, Board Member (2022-present)
Startup Atlanta, Treasurer and Board Member
Internal Trademark Association’s (“INTA”) Parallel Imports Committee – North America Subcommittee Member
Young Lawyers Division of Intellectual Property and Internet Law
American Civil Liberties Union
- President, Georgia Chapter (2012-2018)
- National Board Representative (2018-present)
Anti-Defamation League, Glass Leadership Institute

Background

Carlton Fields, PA - Shareholder and Technology Industry Group Chair (Atlanta, Georgia)
Greenberg Traurig - Associate (Atlanta, Georgia)

Education

Emory University School of Law (J.D., 2004)
- Managing Editor, Bankruptcy Law Journal
Emory University (B.B.A., 2001)

Court Admissions

U.S. Supreme Court
U.S. Court of Appeals, Federal Circuit
U.S. Court of Appeals, Fourth 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, District of Maryland
U.S. District Court, Eastern District of Michigan
U.S. District Court, Eastern District of Texas
U.S. Bankruptcy Court, Northern District of Georgia
U.S. Bankruptcy Court, Southern District of Georgia
Georgia Supreme Court
Georgia Court of Appeals