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Five BKB Attorneys named as 2012 Super Lawyers

Bovis, Kyle & Burch, LLC is pleased to announce that the following 5 attorneys have been selected as Super Lawyers in Georgia for 2012.

Super Lawyers recognizes attorneys who have attained a high degree of peer recognition and professional achievement.  This designation is a significant honor as no more than 5% of lawyers in the state are named to Super Lawyers.

The Bovis, Kyle and Burch attorneys honored with this designation are:

John V. Burch  (Construction/Surety)

Steven J. Kyle (Personal Injury/Product Liability)

Gregory T. Presmanes (Workers' Compensation)

James E. Singer (General Litigation)

Gregory R. Veal (Construction/Surety)

Congratulations to all of the aforementioned partners on this accomplishment.

Super Lawyers was first published in 1991 by Law & Politics and was acquired by Thomson Reuters, Legal in 2010.  Super Lawyers and Super Lawyers Rising Stars can be found online at www.superlawyers.com

 

 

Adam Grafton and Ben Leonard honored as 2012 Super Lawyers "Rising Stars"

Two Bovis, Kyle & Burch, LLC (BKB) attorneys have been named “Rising Stars” in Georgia in the 2012 Super Lawyers selection process.

Super Lawyer “Rising Stars” are chosen through independent research and peer nominations.  “Rising Stars” must either be 40 years old or younger or in practice for 10 years or less.  No more than 2.5% of lawyers in the state are named to this prestigious honor.  The BKB attorneys selected as “Rising Stars” in 2012 are:

-Adam Grafton (Workers’ Compensation)

-Ben Leonard ( Workers’ Compensation)

Congratulations to both Ben and Adam on this fine accomplishment!   Additional information on Super Lawyers and Rising Stars can be found online at www.superlawyers.com

BKB Family Law Significant Custody Win for Father

Father and Mother with a 1 year old son had decided to divorce.  One month after they "discussed" divorce, Mother told Father they were "now" divorced.  Father could not understand how they could be divorced when he had never seen a Complaint for Divorce, was never served, never signed any documents, and never attended any Court hearings.  Father went to his County to retrieve the record and saw that his name had been forged to all divorce pleadings.  Father saw that Mother had obtained custody for herself of the minor child, had obtained an Order of child support for Father to pay (which Father did not even know about) and had obtained an Order in which Father was to pay all marital debt.  Father hired Marilyn Kapaun from BKB Family Law to overturn the divorce and then represent him in a valid divorce action in which Father sought custody of the minor child.  BKB served Mother with a Motion to Set Aside the Divorce Decree, and Mother absconded to another state with the minor child.  Our firm represented Father at an Emergency Hearing where the Judge ordered the Mother to return the child to the jurisdiction under penalty of incarceration pursuant to our Emergency Order.  We represented Father regarding the Set Aside of the original divorce decree.  Attorney Kapaun obtained an Order in which Mother was found to have signed Father's name to all pleadings and this was submitted to the local police to pursue Mother criminally for forgery and fraud.  The original divorce was set aside.  Attorney Kapaun represented Father at two probable cause hearings against the Mother for forgery and fraud, and the Municipal found probable cause to arrest Mother for forgery in the first degree, a felony.   Mother was arrested a second time.  Attorney Kapaun represented Father in the new divorce action and prevailed in obtaining custody for this Father.

BKB Attorneys Judge 2011 Emory Moot Court Society's Civil Rights and Liberties

Attorneys Charles Medlin, Marilyn Bardie-Kapaun and Bridget Hillebrand judged the 2011 Emory Moot Court Society's Civil Rights and Liberties Competition held at Emory School of Law October 14-16, 2011.  Thirty two law schools from across the country competed in this year's event. 

Ben Leonard Invited to Join Council on Litigation Management

Bovis, Kyle and Burch, LLC is pleased to announce that Ben Leonard has been invited to join the prestigious Council on Litigation Management.  The Council is a nonpartisan alliance comprised of thousands of insurance companies, corporations, Corporate Counsel, Litigation and Risk Managers, claims professionals and attorneys.  Through education and collaboration the organization's goals are to create a common interest in the representation by firms of companies, and to promote and further the highest standards of litigation management in pursuit of client defense.  Selected attorneys and law firms are extended membership by invitation only based on nominations from CLM Fellows.

Adam Grafton Leads Plaintiff Counsel at Atlanta Claims Association Mock Trial

On April 14, 2011, the Education Committee of the Atlanta Claims Association hosted a full day of courtroom drama for continuing education credit.  BKB's own Adam Grafton led the Plaintiff's counsel in this entertaining and educational mock trial.  For full details of the courtroom action, please click on the attached link below:

http://www.atlantaclaims.com/index.php?option=com_content&view=article&id=418

 

BKB's Greg Presmanes elected to Atlanta Bar Association's Board of Directors

Bovis, Kyle and Burch, LLC is pleased to announce that Greg Presmanes, our Workers' Compensation department head, has been elected to serve on the Atlanta Bar Association's Board of Directors as a member at large, after serving this past year as a member of the Board in his capacity as Chairman of the Workers' Compensation Section of the Atlanta Bar Association.

Six BKB Attorneys honored as Super Lawyers - 2011

Bovis, Kyle and Burch, LLC is proud to announce that six of our attorneys have been selected as Super Lawyers-2011.  Selections to 'Super Lawyer' are made annually on a state by state basis and the selection criteria is based on a combination of peer reviews, professional achievement and third party research.  Only up to 5% of attorneys in a state are named Super Lawyers. The following BKB attorneys were named to this esteemed list:

John V. Burch, Steven J. Kyle, Gregory T. Presmanes, James E. Singer and Gregory R. Veal

The Super Lawyers - Rising Star designation recognizes high performing, up-and-coming attorneys who are under 40 years old or have less than 10 years of legal experience.  Only 2.5% of attorneys in a state are named to the Rising Star list each year.   BKB is please to announce that the following attorney has been named to this honor:

Benjamin A. Leonard

We commend all of these attorneys on this special recognition.                        

 

Jack Burch Co-Presents Webinar to the Surety & Fidelity Association of America

Jack Burch, Senior Partner at Bovis, Kyle and Burch LLC, was a recent co-presenter of an educational webinar for the Surety & Fidelity Association of America.  The webinar was titled "A Simple Summary of Subdivision Bonds for the Surety".

BKB Attorneys Obtain Summary Judgment For Client in Trademark Infringement Lawsuit

United States District Court Judge Thomas Thrash recently granted motions for summary judgment for BKB clients sued by Brown Bark II, L.P., an investment group that had purchased certain trademarks and had claimed infringement.  Brown Bark II, L.P. v. Dixie Mills, LLC, Civil Action No. 1:08-CV-1303-TWT, 2010 U.S. Dist. Lexis 79867 (N.D.GA), Decided August 6, 2010.

BKB clients, Ted A. Adams, Adams Foods, Inc. and Adams Milling, Inc. ("Adams") had sold food products, including cornmeal, flour and southern breading under the Adams mark until 1999, at which time the Adams mark was sold to Southern Specialty Brands, Inc. ("SSB").  SSB gave a note to Adams secured by the trademark and its goodwill.  In 2006, SSB defaulted on the note and Adams obtained a judgment against SSB giving it back full rights to the Adams mark.

In 2006, SSB defaulted on its unrelated debt to Regions Bank.  In 2007, Regions sold the non-performing SSB loan to Brown Bark II, L.P. ("Brown Bark").  Brown Bark attempted to foreclose on SSB and believed that it had properly obtained title to the collateral securing the Regions Bank debt, which included the Adams mark.

Shortly thereafter, Adams started selling products under the Adams mark again.  Brown Bark sued Adams for trademark and trade dress infringement and other related claims including civil conspiracy.

Relying on the record and authority developed by Adams' BKB attorneys Charles M. Medlin and Wayne S. Tartline, the District Court found that Adams owned the Adams mark due to the judgment in Alabama, despite that Brown Bark was not a party to the judgment.  The Court also ruled that Brown Bark had abandoned its interest in the Adams mark because it had acquired the mark through an "assignment in gross".  An assignment in gross results when only the mark is sold, without any related goodwill, such as recipes or formulas for the food products sold under the Adams name.  "A sale (assignment) of a trademark apart from its goodwill is characterized as an 'assignment in gross'  and passes no rights to the assignee".   In re Impact Distributors, Inc., 260 B.R. 48, 53 (Bankr. S.D. Fla. 2001).  When a trademark is obtained through an assignment in gross, divorced from the goodwill of the assignor, any subsequent use of the mark by the assignee will necessarily be in connection with a different business, a different goodwill and a different type of product.  Use of the mark by the assignee in connection with a different goodwill and different product would result in a fraud on the purchasing public, who reasonably assume that the mark signified the same things, whether used by one person or another.  MoneyStore v. Harriscorp Finance, Inc., 689 F.2d 666, 676 (7th Cir. 1982) (quoting McCarthy on Trademarks 18.1 at 607).

After obtaining summary judgment in favor of Adams, BKB attorneys obtained a judgment for all costs of the action against the Plaintiff.  A Motion For Attorneys' Fees is also pending which could result in a judgment for Adams of over $100,000.00

 

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