Linda has 40 years of litigation and transactional experience in connection with copyrights. She is named in The Best Lawyers in America® and Alabama Super Lawyers for Intellectual Property. Recently Linda participated on a committee appointed to draft standard jury instructions for copyright cases in the Eleventh Circuit Court of Appeals. She has also lectured frequently on copyright topics, including computer software, fair use, and rights of artists and authors.

Transactional and Consulting Practice 
Linda regularly advises clients regarding protection and enforcement of copyrights, fair use, registration of copyrights, use of copyrighted material on websites, website terms of use, take-down notices under the Digital Millennium Copyright Act (DMCA), and the interplay of copyright with related rights such as trade secrets and trademarks. Typical transactional work includes negotiating and drafting software licenses and publishing contracts. Her clients have included advertising agencies as well as advertisers, licensees as well as licensors, publishers as well as authors, and website designers as well as companies that own websites.

Litigation and Other Dispute Resolution 
Linda has successfully represented copyright owners as well as alleged copyright infringers in federal courts and in arbitration. She also regularly represents businesses and individuals out of court in pursuing and defending infringement claims and negotiating settlements. The infringement claims have involved copyrights in a wide array of products, including house plans, photographs, greeting cards, jewelry, furniture and building materials that incorporate non-functional designs, novels and educational materials.

Notable Matters
  • Fleming v. CVS Caremark Corp., 7:09cv02462 (N.D. Ala. 2013)
    Working as co-counsel, successfully defended our client against copyright infringement claims based on use of photocopying kiosks in CVS stores, securing a summary judgment and attorneys’ fee award for CVS.
  • Grand Slam Club/Ovis v. International Sheep Hunters Association, CV 2:06cv4643 (N.D. Ala. 2010) 
    After a two-week jury trial on trademark and copyright claims and counterclaims, the jury rendered a verdict for our client, Grand Slam Club/Ovis, on all counts, for a total of $1.9 million. The court denied defendants’ post-trial motions and, in December 2010, entered permanent injunction in favor of our client along with money judgment.
  • William E. Poole Designs, Inc. v. Southern Living, Inc., CV-05-BE-65-S (N.D. Ala. 2008) 
    Defended Southern Living against alleged copyright infringement of numerous house plans and artists renderings, in which plaintiff house designer’s damages claim exceeded $100 million. We also asserted counterclaims for trademark infringement arising from the plaintiff’s use of the Southern Living trademark in internet keyword advertising, Sponsored Ads, and as website metatags. A favorable settlement was reached after oral argument on our Daubert motion to exclude plaintiff’s expert witnesses and our motion for discovery sanctions.
  • Huggins v. Beacon Communications, LLC, CV-01-HGD-2919 (N.D. Ala. 2003); In re Huggins, 305 BR 63 (Bankr. N.D. Ala. 2003) 
    Defended movie companies against claims of copyright infringement by an author who claimed the 1999 Arnold Schwarzenegger movie “End of Days,” produced by our clients, infringed the copyright in the author’s novel “Cain.” We succeeded in transferring the case to California where our clients are located, and established that the author’s failure to list his copyright as an asset in his bankruptcy deprived him of standing to pursue the infringement claim.
  • MidSouth Companies, Inc. v. Southern Living, Inc., 2:03CV56-SAA (N.D. Miss. 2003) 
    Represented Southern Living, Inc. in a declaratory judgment action filed to resolve Southern Living’s claim of trademark infringement against the magazine MidSouth Living. After discovery, MidSouth agreed to discontinue use of “MidSouth Living” as part of a settlement, the terms of which are otherwise confidential.