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GeorgiaLast updated on July 3rd, 2008 Trade Secrets Law in GeorgiaNote: This page covers information specific to Georgia. See the Trade Secrets overview for more general information. The Georgia Trade Secrets Act of 1990 ("GUTSA") is located at title 10, chapter 1, article 27 of the Georgia Code. GUTSA is largely identical to the Uniform Trade Secrets Act. For generally applicable information on trade secrets claims and defenses, see Basics of a Trade Secret Claim and Publishing Trade Secrets. Like the Uniform Trade Secret Act, GUTSA prohibits "misappropriation" of trade secrets and provides certain remedies. In addition, Florida law may impose criminal penalties for stealing trade secrets. See [Ga. Code § 16-8-13] (link is to entire code; you need to click through to title 16, chapter, 8, article 1, and then choose the specific provision). DefinitionsGa. Code § 10-1-761 (link is to entire code; you need to click through to title 10, chapter, 1, article 27, and then choose the specific provision) defines the key terms of GUTSA: read more » Last updated on May 6th, 2008 Georgia State Court RecordsNote: This page covers information specific to Georgia. For general information concerning access to and use of court records see the Access to Courts and Court Records section of this guide. You have a right to inspect and copy most records and documents filed in Georgia state courts. However, your right of access is not absolute, and a court may limit access to records under certain circumstances. If you are interested in obtaining court records, you should go to the courthouse where the case is taking place and request the records in writing from the clerk of the court (there will usually be a request form). See the information page on the Judicial Branch of Georgia website for links to locations and phone numbers of the state courts operating in Georgia. Alternatively, you may be able to access court records online. For more information, please consult the Reporters Committee for Freedom of the Press's state-by-state guide to electronic access to court records. read more » Last updated on April 17th, 2008 Access to Georgia Court ProceedingsNote: This page covers information specific to Georgia. For general information concerning access to and use of court proceedings see the Access to Courts and Court Records section of this guide. You have a right to attend most court proceedings in Georgia courts. However, your right of access is not absolute, and a court can restrict your access under certain circumstances. If you are interested in attending a court proceeding, visit the Georgia judiciary's website to find the locations, phone numbers, and websites for the state's courts. This pages focuses on your ability to access certain types of proceedings. Criminal ProceedingsTrial Proceedings You have a First Amendment right to attend all stages of criminal trials. See Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 580 (1980); see also Rockdale Citizen Publishing Co., Inc. v. State, 463 S.E.2d 864, 866-67 (Ga. 1995). This includes the preliminary hearing and the jury selection process. read more » Last updated on April 23rd, 2008 Access to Public Records in GeorgiaNote: This page covers information specific to Georgia. For general information concerning access to government records see the Access to Government Records section of this guide. If you are a resident of Georgia, you have a statutory right to inspect a vast number of Georgia's public records using the state's Open Records Act (OPA). See Title 50, Chapter 18, Article 4, section 70(b) of the Georgia Annotated Code (Ga. Code Ann.). The Georgia Attorney General has issued an opinion that non-residents should also be given access, so it is worth making a request even if you are a not a citizen. See 1993 Op. Att'y Gen. No. 93-27. What Records Are Covered in GeorgiaWhat Government Bodies Are Covered read more » Last updated on April 23rd, 2008 Court Rejects Wal-Mart's Bid to Silence Criticism Through Trademark LawPosted March 24th, 2008 by Sam BayardLast Thursday, a federal court in Georgia handed down a big win for free speech when it ruled that Wal-Mart could not use trademark law to stop a critic from disseminating his virulently anti-Wal-Mart views over the Internet. From Public Citizen's press release: In rejecting the company’s claim of trademark infringement, the U.S. District Court for the Northern District of Georgia in Atlanta found that Charles Smith’s parody Web sites (www.walocaust.com and www.walqaeda.com) and related novelty merchandise were protected speech and that a reasonable person would not confuse their use with Wal-Mart’s legitimate trademarks. The court also rejected Wal-Mart’s claim that it has trademark rights in the “smiley-face” that Smith used in one of his parodies. Bookmark/Search this post with: Wal-Mart v. Smith (Counterclaims)Posted March 24th, 2008 by Sam BayardWal-Mart filed counterclaims in a lawsuit against Charles Smith, asserting trademark and unfair competition claims under federal and state... read more » Last updated on June 6th, 2008 Wal-Mart v. Smith (Letters)Posted March 24th, 2008 by Sam BayardOn December 28, 2005 and again on February 1, 2006, Wal-Mart sent cease-and-desist letters to Charles Smith and CafePress asserting trademark and unfair competition claims. The letters came after Smith created a website using the domain name www.walocaust.com and started selling nazi-themed "Walocaust" merchandise through his account... read more » Last updated on April 22nd, 2008 Georgia Protections for Sources and Source MaterialNote: This page covers information specific to Georgia. See the section on Protecting Sources and Source Material for more general information. Georgia has a shield law that protects the identity of sources and unpublished information collected or prepared in the newsgathering process, such as notes and outtakes. The shield law creates a qualified privilege that may be overcome in certain circumstances, and it does not apply when you are a party to a lawsuit. The language of the shield law suggests that it may not apply to electronic media and online publishing, but the law is uncertain on this point. In addition, federal courts in the Eleventh Circuit, which encompasses Georgia, recognize a qualified "reporter's privilege" based on the First Amendment to the U.S. Constitution. However, the scope of this privilege is uncertain. The Privacy Protection Act may protect you against the search and/or seizure, in connection with a criminal investigation or prosecution, of materials you possess in connection with a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication. This federal statutory protection applies regardless of the state in which you live. There is no common law protection for sources or source material in Georgia. Shield LawSource and Statutory TextGeorgia's shield law, located at Ga. Code § 24-9-30, states in relevant part: read more » Last updated on April 23rd, 2008 Georgia Statute of Limitations for Intrusion ClaimsThe statute of limitations for intrusion claims in Georgia is 2 years. See Ga. Code Ann. § 9-3-33.
Last updated on March 2nd, 2008 |
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On December 2, 2007, Ed and Brenda Hammitt filed a lawsuit against Teresa Watson, the operator of RomeNewsByWatson.com, a news website that purports to "document . . . items of public corruption," claiming ... read more »