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Cases

 

“It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.” ~Theodore Roosevelt

Gignilliat v. Gignilliat, Savitz&Bettis, L.L.P., 684 S.E.2d 756, 759 (S.C. 2009)

Argued a case in the South Carolina Supreme Court regarding the question of whether South Carolina recognizes a person's "right of publicity." This right, in summary, allows a person to prevent another from using his name or likeness for monetary gain, without permission or compensation. The court held that South Carolina does recognize this right, and further, that the right has a post-mortem component.

Crocs, Inc. and Ocean Minded, Inc. v. Ocean Moody Creations, LLC., Opposition No. 91182962

March 2008 – February 2009

Successfully represented Ocean Moody Creations, LLC. in a Trademark Opposition proceeding against Crocs, Inc. and Ocean Minded Inc., resulting in partial cancellation of U.S. Registration No. 2,282,012 for OCEAN MINDED, owned by Ocean Minded Inc., a company owned by Crocs, Inc.

Anthony Dash v. Floyd Mayweather, Jr, World Wrestling Entertainment, et al., Case No. 3:2010cv01036.

April 2010 – April 2014

Copyright infringement case in Federal Court, 4th Circuit (South Carolina) against boxer Floyd Mayweather, Jr. and World Wrestling Entertainment. The plaintiff alleges that Mr. Mayweather used a version of his song for entrance music to a WWE pay-per-view event called Wrestlemania 24.

Joni-Johnson Godsy v. Bass Pro Outdoor World, LLC., et al., Case No. 6:12-CV-03326-MJW

July 2012 – May 2013

Represented Bass Pro Outdoor World, LLC., and Kimlor Mills, Inc. in a copyright infringement case in Federal Court in the Western District of Missouri, resulting in mutually agreed settlement between the parties.

The J.M. Smucker Company vs. Bull’s Eye Brands Inc., Opposition No. 91209961

March 2013 – September 2013

Represented Bull's Eye Brands in Trademark Opposition regarding their SMACKERS trademark application, resulting in mutually agreed settlement between the parties.