Theodore Davis

Theodore H. Davis Jr. divides his practice between domestic and international litigation and client counseling in the fields of trademark, copyright, false advertising, and unfair competition law and has particular experience in trade dress and gray market disputes, litigation before the Trademark Trial and Appeal Board, and with large-scale trademark clearance and registration projects. He is a past chair of the American Bar Association Section of Intellectual Property Law, on behalf of which he has testified before Congress on trademark and Internet issues, and he also has served as a member of the Board of Directors of the International Trademark Association, which he has represented in a number of amicus filings before the United States Supreme Court.

Mr. Davis has been recognized as one of Atlanta’s “Legal Elite” (Georgia Trend Magazine), a Georgia “Super Lawyer” for intellectual property (Super Lawyers magazine), the 2014 “Atlanta Lawyer of the Year” in trademark law (The Best Lawyers in America®), an “IP Icon” (IP Law360), and an “IP Star” (Managing Intellectual Property magazine).

World Trademark Review 1000 – The World’s Leading Trademark Professionals regularly lists him as among the top ten United States attorneys in the categories of enforcement, prosecution, and strategy, and Legal Media Group has identified him as among the top 25 practitioners for Trademark Law in the country. Chambers USA: America’s Leading Lawyers for Business also has listed him for intellectual property since 2013. He is a frequent author on intellectual property topics, and his articles have received the Ladas Memorial Award (three times) from the International Trademark Association, as well as the Burton Award for excellence in legal writing. He is AV® rated by Martindale-Hubbell.*

* CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure’s standards and policies

Experience:

• Represents Premiere Global Services, a major provider of a global communications platform, in trademark, copyright and false advertising matters, including litigation and trademark clearance projects.
• Successfully represented Compex International Co. Ltd., a major manufacturer of outdoor patio furniture, in a bench trial against claims by a competitor of trade dress infringement, unfair competition and deceptive trade practices. Meadowcraft Inc. v. Compex Int’l Co. Ltd., 47 U.S.P.Q.2d 1665 (N.D. Ga. 1998).
• Represents Diageo North America in a variety of trademark and unfair competition matters, including litigation in federal district court and before the Trademark Trial and Appeal Board, as well as trademark clearance and registration projects.
• Represents WMS Gaming Inc., a leader in the video gaming equipment industry, in trademark litigation before federal trial and appellate courts and the Trademark Trial and Appeal Board. WMS Gaming Inc. v. WPC Prods. Ltd., 542 F.3d 601 (7th Cir. 2008).
• Represents Huddle House Inc. in trademark, false advertising and unfair competition matters, including, litigation before federal district courts and trademark clearance and registration programs.
• Represents Fender Musical Instruments Corporation in trademark, trade dress, and unfair competition litigation in federal district court.

Education:

• University of Virginia School of Law, J.D. (1990)
• Davidson College, B.A. (1987) cum laude

Admissions:

• Georgia (1990)
• District of Columbia (1992)
• New York (2011)

Court Admissions:

• U.S. Supreme Court
• U.S. Courts of Appeals for the Fourth, Fifth, Sixth, Seventh, Ninth, Eleventh, and Federal Circuits
• U.S. District Court for the Northern District of Georgia
• U.S. District Court for the Middle District of Georgia
• U.S. District Court for the Southern District of New York
• U.S. District Court for the Eastern District of New York
• U.S. District Court for the District of Columbia
• Supreme Court of Georgia
• Georgia Court of Appeals
• District of Columbia Court of Appeals