Finnegan Earns Spot on National Law Journal’s 2020 Appellate Hot List

FOR IMMEDIATE RELEASE
November 1, 2020

WASHINGTON, DC—In the National Law Journal’s (NLJ) 2020 Appellate Hot List, Finnegan is one of 20 firms recognized for earning high-profile and high-stakes wins in the nation’s highest appellate courts. NLJ highlighted Finnegan’s work in Buddy Webster v. Dean Guitars et. al., where the firm secured summary judgment for clients Dean Guitars and the Estate of Dimebag Darrell Abbott in district court, and went on to have the ruling affirmed at the U.S. Court of Appeals for the Eleventh Circuit. When asked by NLJ about the firm’s key to appellate success, J. Michael Jakes, Finnegan’s appellate section leader, said, “Our passion for appeals stems directly from Don Dunner, one of the best appellate lawyers of all time. He was a role model for how to practice law with intensity and commitment to excellence, yet with integrity and passion.”

The hotly contested Webster case concerned the disputed ownership of the lightning-bolt graphic on Abbott’s “Dean from Hell” guitar and involved copyright infringement and multiple Lanham Act, invasion of privacy, and other state law claims. Following a summary judgment win in the Middle District of Florida, Finnegan continued its representation of Dean Guitars in the appeal at the Eleventh Circuit, where oral argument was held in January 2020. In this case of first impression, the Eleventh Circuit affirmed the district court ruling and spoke on the issue of the accrual of copyright claims in disputes that center around copyright ownership. It held that, unlike an ordinary copyright infringement claim, which accrues for each infringing act (per U.S. Supreme Court precedent), a claim concerning mainly ownership accrues only once. The court also set the standard for such accrual as “when the plaintiff learns, or should as a reasonable person have learned, that the defendant was violating his ownership rights.”

Led by Douglas (Chip) A. Rettew, the Webster case team includes Anna B. Naydonov, Margaret A. Esquenet, and Patrick J Rodgers.

Contacts
Anand K. Sharma, Managing Partner 
anand.sharma@finnegan.com 

Mark D. Sweet, Chair 
mark.sweet@finnegan.com 

About Finnegan

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is one of the largest IP law firms in the world. From offices in Atlanta, Boston, London, Palo Alto, Reston, Seoul, Shanghai, Taipei, Tokyo, and Washington, DC, the firm practices all aspects of patent, trademark, and copyright, including counseling, prosecution, licensing, and litigation. Finnegan also represents clients on IP issues related to advertising, trade secret law, European patents and trade marks, international trade, portfolio management, the Internet, e-commerce, government contracts, antitrust, and unfair competition. For additional information on the firm, please visit www.finnegan.com. Follow us on LinkedIn and Twitter.