Miles Alexander joined the firm in 1958 after teaching at Harvard Law School and serving two years as a U.S.A.F. Judge Advocate. Mr. Alexander was admitted to partnership in 1963. In addition to his activities in all aspects of trademark and unfair competition practice, Mr. Alexander counsels clients in other intellectual property fields and is a frequently selected party and court appointed mediator in alternative dispute resolution matters. He is also knowledgeable in the field of antitrust law. Mr. Alexander has served as both counsel and expert witness for numerous Fortune 500 companies in major litigations, IP disputes and strategic planning issues for mediation. He is a member of the CPR/INTA panel of "Distinguished Neutrals" and frequently serves as mediator, arbitrator and special master in major disputes for resolution through ADR procedures. He has mediated over 50 cases nationwide. In the 2007 Chambers USA: America's Leading Lawyers for Business, Mr. Alexander was one of the few attorneys across the nation to receive a "star" ranking for exceptional recommendations in Intellectual Property. He was characterized as: "'incredible - he is an elder statesman of the US IP Bar, yet he is always available and is extremely responsive.' He is called upon for his confidential opinions in cutting-edge matters, advising Fortune 500 companies on what to do in trademark related matters. Sources agree: 'He is the one person who stands out from the rest,' because he is 'not only technically skilled, but he is also business-savvy.'" Mr. Alexander was recipient of INTA's 2002 President's Award. He was the first recipient of the Georgia Bar Intellectual Property Section's Lifetime Achievement Award in 2006. In the 2005 and 2006 polling of the Georgia Bar, he was chosen by his peers as one of the top ten lawyers in the state. In 2009, he was honored with a Leadership Award by the Atlanta Bar Association for his service and dedication to the community and the legal profession. He received the Selig Distinguished Service Award in 2010 from the American Jewish Committee for years of service to the Jewish community and the Atlanta community as a whole. Mr. Alexander was listed for Intellectual Property in the 2009 and 2010 editions of Chambers USA: America's Leading Lawyers for Business and he was listed as #1 in the 2011 edition. He was recognized in 2012 and all prior editions of The Best Lawyers in America® for Intellectual Property, Corporate, Alternative Dispute Resolution and Antitrust law. Mr. Alexander was also named a 2012 "Atlanta Lawyer of the Year" in the area of Corporate Law by The Best Lawyers in America®. He was recognized by his peers as one of Atlanta's 2008 "Legal Elite" in Georgia Trend Magazine and as one of Top 10 Lawyers in Georgia in Atlanta Magazine. Mr. Alexander was named by Legal Media Group to its 2008 Guide to the World's Leading Trade Mark Law Practitioners, its Best of the Best USA in 2011 as one of the top 25 practitioners for trademark law in the country and its Best of the Best in 2011 as one of the leading trademark practitioners in the world. He was recognized in The International Who's Who of Business Lawyers for 2009 and 2011 and The International Who's Who of Trademark Lawyers in 2010. The World Trademark Review ranked Mr. Alexander among the top 20 trademark attorneys nationwide. He was named one of the Top 10 Georgia "Super Lawyers" in 2011 and was recognized as a 2009 Georgia "Super Lawyer" for Intellectual Property, Intellectual Property Litigation and Alternative Dispute Resolution and again in 2010 and 2011 for Intellectual Property by SuperLawyers magazine. Mr. Alexander was ranked one of 24 attorneys from the United States in the area of Trademark and Copyright by Chambers Global 2011. He is AV® rated by Martindale-Hubbell. Professional & Community Activities American College of Trial Lawyers, Member and Author of a chapter on Creative Settlement of Intellectual Property Litigation for a major Clark Boardman treatise. Georgia Academy of Mediators and Arbitrators, Founding Member International Trademark Association, Member of Trademark Review Commission, which drafted the landmark 1989 Lanham Act revisions American Law Institute, Member of committee which drafted the 1995 Restatement of Unfair Competition, Board of Directors and Legal Counsel (1997-2000) University of San Fancisco, J Thomas McCarthy Institute for Intellectual Property and Technology Law, Charter Member and Advisory Council State Bar of Georgia, Antitrust Law Section, Past Chairman USPTO, Trademark Public Advisory Committee, First Chairman (2000-2003) The Trademark Reporter, Former Editor-in-Chief Experience Trademark litigation for one of world's largest pizza chains, Represented one of the world's largest pizza chains in the reversal of a Federal District Court decision enjoining the chain from using their primary trademark. Intellectual property protection for one of the world's leading entertainment technology companies, Serves as intellectual property counsel for one of the world's leading entertainment technology companies overseeing protection of intellectual property rights and protection of the client's trademark from infringement and challenge, as well as licensing and related franchise litigation. Trademark and copyright advice for Flowers Foods Inc., Represents Flowers Foods Inc., a leading producer of baked goods, and its subsidiaries in various trademark, unfair competition, false advertising, and copyright matters, including litigation before federal district courts and the Trademark Trial and Appeal Board, as well as trademark clearance and registration projects. SunTrust Bank v. Houghton Mifflin, Represented Houghton Mifflin in a copyright infringement suit prohibiting the publication of the book "The Wind Done Gone" because of alleged infringement of the copyright in the novel and motion picture "Gone With the Wind." The Estate of Margaret Mitchell, through SunTrust Bank as Trustee, brought a copyright infringement suit against Houghton Mifflin and obtained a preliminary injunction. On May 25, 2001, and immediately upon conclusion of oral argument by the firm, a unanimous panel of the Eleventh Circuit, U.S. Court of Appeals, vacated the injunction as an abuse of discretion and unconstitutional prior restraint of speech. On October 10, 2001, the Eleventh Circuit issued a full opinion rejecting the district court's conclusion that the plaintiff was likely to succeed and finding, on the record before the court, that "The Wind Done Gone" likely made fair use of "Gone With the Wind."
SunTrust Bank v. Houghton Mifflin, 252 F.3d 1166 (11th Cir. 2001), and 268 F.3d 1257 (11th Cir. 2001). Trademark protection for global snack food company, The firm served as lead counsel for global snack food company in the protection of its trademark from a generic challenge and from various antitrust claims. Estate of Martin Luther King, Jr., Inc. v. CBS, Inc., Successfully represented the heirs of Dr. Martin Luther King, Jr. against CBS Broadcasting Inc. in a highly publicized case before the Eleventh Circuit. The decision upheld the validity of the copyright of the famous "I Have A Dream" speech against a challenge that it had entered the public domain. Following briefing and oral argument, the Eleventh Circuit reversed a district court's finding that Dr. King's copyright in the speech "I Have A Dream" was forfeited when delivered in 1963 at the March on Washington and remanded the case for trial. CBS thereafter agreed to a settlement of the Dr. Martin Luther King, Jr. Estate's claim that CBS infringed copyrights when it used portions of the speech in a documentary by Mike Wallace.
Estate of Martin Luther King, Jr., Inc. v. CBS, Inc., 194 F.3d 1211 (11th Cir. 1999), reh. denied, 207 F.3d 666 (11th Cir. 2000). American Eagle Outfitters, Inc. v. Payless Shoesource, Inc., The firm served as lead counsel asserting American Eagle Outfitters' trademarks and obtained a preliminary injunction relative to advertising and sale of AMERICAN EAGLE footwear by Payless prohibiting objectionable practices and requiring a prominent disclaimer of any affiliation with American Eagle Outfitters. American Eagle Outfitters v. Payless Shoe Source, Inc., No. 07-cv-1675-ERK-VVP (E.D.N.Y. filed October 20, 2008). Global License, Development and Commercialization agreement for Biotest AG, Served as lead counsel in representing Biotest AG (Biotest), a German publicly traded biotechnology company, in signing a global License, Development and Commercialization Agreement with Abbott Laboratories for the further development and commercialization of Biotest's BT-061, a novel anti-CD4 antibody for the treatment of Rheumatoid Arthritis (RA) and psoriasis. In connection with the deal, Biotest will receive an upfront payment of $85 million, and upon completion of certain milestones, additional payments totaling $395 million, plus royalties. Uniform license agreements for a federation of independent health insurance companies, The firm serves as a consultant to a federation of independent health insurance companies in revising their diverse license agreements into an uniform national license for all of its plans and creating a mandatory ADR system for all disputes. Intellectual property protection for a non-profit health care organization, Serves as intellectual property counsel to a non-profit health care organization, including assisting in trademark enforcement, trademark protection advice, international licensing, copyright matters, and patent issues. Voter identification litigation for a pro bono client, Served as co-counsel in a series of challenges to two Georgia statutes which sought to require state-issued photo identification as a condition of voting in person. The bases of the challenges were that they placed a disproportionate burden on the poor, elderly and minority communities and infringed on their right to vote, and that they imposed a poll tax in violation of the Civil Rights Act of 1964, the Voting Rights Act of 1965, the Georgia Constitution and the Twenty Fourth Amendment and Equal Protection Clause. The challenge to the Georgia Voter ID Act of 2005 was successful, and while the appeal was pending, the Georgia Legislature repealed that act and replaced it with a new Voter ID requirement. That act was subsequently upheld by the Eleventh Circuit Court of Appeals. *Experience gained by attorney prior to joining Kilpatrick Townsend Publications 01 January 2009, Trademark Questions and Answers
Source: Intellectual Property Desk Reference, Other Publications 28 January 2008, Keep Existing Clients Happy
Source: New York Law Journal, Articles 01 January 2006, Avoiding Litigation Through Settlement and Alternative Dispute Resolution
Source: Intellectual Property Desk Reference, Other Publications 01 January 2006, Protection of Product Designs
Source: Intellectual Property Desk Reference, Other Publications 09 August 1999, Dilution Law in Development: An Unfinished Portrait
Source: American Bar Association, Articles 01 January 1999, Chapter on Intellectual Property Counseling and Litigation: Settlement Techniques and Strategy
Source: American Bar Association, Articles 01 April 1998, Future Developments in U.S. Trademark Law
Source: Euromoney Legal Group Guide to the World's Leading Trademark Law Practitioners, Articles 01 May 1997, Book Review of "Famous and Well-Known Marks" by Frederick W. Mostert
Source: Trademark World, Articles 01 June 1996, An Analysis of the Dilution Section of the Restatement
Source: South Carolina Law Review, Articles 01 January 1996, Dilution Under Section 43(c) of the Lanham Act
Source: Kilpatrick Stockton LLP, Articles 01 January 1996, Trade Names, Trademarks, Copyrights and Unfair Competition
Source: Encyclopedia of Georgia Law, Articles 02 May 1995, International Protection of Famous Trademarks in the United States
Source: International Trademark Association, Articles 01 January 1995, Dilution as a Vehicle for Protecting Famous Trademarks in the United States
Source: The Strategist, Articles 01 January 1988, Proving and Disproving Laches in Trademark Litigation
Source: ALI, Articles News 10 October 2011, Best Lawyers in America Names Six Kilpatrick Townsend Attorneys 2012 "Atlanta Lawyers of the Year", News Releases 06 September 2011, Kilpatrick Townsend Earns Record-Breaking Recognition in Annual Best Lawyers in America 2012, News Releases 30 August 2011, Seven Kilpatrick Townsend Attorneys Named to 2011 International Who's Who of Trademark Lawyers, News Releases 22 June 2011, Twenty-Seven Kilpatrick Townsend Attorneys Named to 2011 International Who's Who of Business Lawyers, News Releases 21 June 2011, Kilpatrick Townsend Plays Role in Abbott and Biotest Global Agreement, News Releases 20 June 2011, Kilpatrick Townsend Attorneys Selected as World's Leading Law Practitioners by Prestigious Legal Media Group, News Releases 13 June 2011, Kilpatrick Townsend Again Earns Highest Recognition From CHAMBERS USA 2011, News Releases 25 April 2011, Kilpatrick Townsend Receives Top Recognition in World Trademark Review 1000, News Releases 21 April 2011, Kilpatrick Townsend Once Again Receives High Recognition from Chambers Global 2011, News Releases 02 March 2011, Kilpatrick Townsend Once Again Achieves Top Recognition in 2011 Georgia Super Lawyers, News Releases 24 September 2010, Twenty-Seven Kilpatrick Stockton Attorneys Named to 2010 International Who's Who of Business Lawyers, News Releases 07 September 2010, Five Kilpatrick Stockton Attorneys Named to 2010 International Who's Who of Trademark Lawyers, News Releases 12 August 2010, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 2011, News Releases 29 June 2010, Kilpatrick Stockton Attorneys Selected as World's Leading Law Practitioners by Prestigious Legal Media Group, News Releases 21 June 2010, Kilpatrick Stockton Earns National Ranking from Chambers USA 2010 in Intellectual Property: Trademark, Copyright & Trade Secrets, News Releases 21 June 2010, Kilpatrick Stockton Again Named Top Firm in Georgia for Intellectual Property by Chambers USA 2010, News Releases 14 June 2010, Kilpatrick Stockton Again Earns Highest Recognition From CHAMBERS USA 2010, News Releases 21 May 2010, American Jewish Committee Atlanta Honors Kilpatrick Stockton's Miles Alexander, Elaine Alexander and Kent Alexander with The Selig Distinguished Service Award, News Releases 22 April 2010, Kilpatrick Stockton Partners Play Key Role in Launching Prestigious Intellectual Property Inn of Court in Atlanta, News Releases 15 April 2010, Kilpatrick Stockton Again a Leader in "Guide to World's Leading Trade Mark Law Practitioners", News Releases 04 March 2010, Kilpatrick Stockton Ranked Number One in Five 2010 Georgia Super Lawyer Categories, News Releases 03 December 2009, Best Lawyers in America Names Kilpatrick Stockton's Miles Alexander as Atlanta's Intellectual Property Lawyer of the Year, News Releases 04 August 2009, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 2010, News Releases 15 June 2009, Kilpatrick Stockton Once Again Earns Highest Recognition From Chambers USA, News Releases 08 April 2009, Kilpatrick Stockton Attorneys Named to 2009 International Who's Who of Business Lawyers, News Releases 13 March 2009, Kilpatrick Stockton is Only Firm to Have Three of the Top Twenty Trademark Attorneys Nationwide, News Releases 02 March 2009, Kilpatrick Stockton Ranked Number One in Five Georgia Super Lawyer Categories, News Releases 20 February 2009, Miles Alexander Receives the Atlanta Bar Leadership Award, News Releases 08 January 2009, Miles Alexander and David Zacks Recognized as Founding Members of Georgia Academy of Mediators and Arbitrators, News Releases Events 17 May 2011, A Century of Trademark Law: Looking Back and Looking Forward, Events |