H. Forrest Flemming III
Associate

1100 Peachtree Street NE Suite 2800, Atlanta, GA USA 30309

Overview

Forrest focuses his practice on trademark and commercial litigation. He has represented Fortune 500 companies in dozens of litigations in both state and federal courts, and at both the trial and appellate level. Forrest is experienced in taking expert and corporate depositions, drafting pleadings and dispositive motions, and arguing motions in court.

Forrest also manages a nationwide trademark enforcement program for a famous athletics brand that targets brick-and-mortar infringements, as well as an international domain name enforcement program for a large travel company. In connection with his enforcement work, Forrest is comfortable negotiating with represented and unrepresented infringers, as well as running UDRP proceedings.

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Experience

Represented adidas in obtaining a preliminary injunction in trademark case against Skechers USA, Inc. in the District of Oregon, and later in the Ninth Circuit Court of Appeals. Forrest spearheaded adidas’s preliminary injunction, summary judgment, trial, and appellate briefing in this case involving adidas’s Three-Stripe Mark and Stan Smith trade dress. He also drafted discovery, including third-party discovery, and assisted with deposition and hearing preparation.

Represented technology company in defeating a motion for preliminary injunction in trademark case brought by eyewear manufacturer in the District of Minnesota. Forrest helped draft the client’s preliminary injunction briefing in this case.

Represented weapons manufacturer in defeating appeal brought by competitor in trademark case in the Eleventh Circuit Court of Appeals. Forrest helped draft appellee’s response brief in connection with this case.

Represented UPS in obtaining summary judgment and defeating appeal in trademark case brought by Progressive Distribution Services, Inc. in the Eastern District of Michigan, and later in the Sixth Circuit Court of Appeals. Forrest helped draft UPS’s summary judgment and appellate briefing in this case involving UPS’s ORDERLINK mark.

Represented Yahoo in defending against breach of contract claims brought by Mozilla Corporation in California state court. Forrest took expert and corporate depositions, drafted dispositive motions, and prepped corporate executives for depositions in connection with this case.

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Insights
Services
Education

Emory University School of Law (2014) with honors

University of North Carolina at Chapel Hill, Bachelor of Music (2011)

Admissions

Georgia (2016)

Clerkships

U.S. District Court for the Northern District of Alabama - Honorable C. Lynwood Smith, Jr. (Aug 2014-Aug 2015)

Professional & Community Activities

Emory Law Journal, Former Notes and Comments Editor

Stonewall Bar Association, Former Student Member

UNC Arts Steering Committee, Former Member

Crayons2Calculators, Board of Directors, Former Member

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