Represented Houghton Mifflin in a copyright infringement suit prohibiting the publication of the book "The Wind Done Gone" because of alleged infringement of the copyright in the novel and motion picture "Gone With the Wind." The Estate of Margaret Mitchell, through SunTrust Bank as Trustee, brought a copyright infringement suit against Houghton Mifflin and obtained a preliminary injunction. On May 25, 2001, and immediately upon conclusion of oral argument by the firm, a unanimous panel of the Eleventh Circuit, U.S. Court of Appeals, vacated the injunction as an abuse of discretion and unconstitutional prior restraint of speech. On October 10, 2001, the Eleventh Circuit issued a full opinion rejecting the district court’s conclusion that the plaintiff was likely to succeed and finding, on the record before the court, that "The Wind Done Gone" likely made fair use of "Gone With the Wind." 

SunTrust Bank v. Houghton Mifflin, 252 F.3d 1166 (11th Cir. 2001), and 268 F.3d 1257 (11th Cir. 2001).

Experience Center

Match our Experience to Your Needs

Experience Highlights

Trademark litigation for The Colosseum at Caesars Palace
Represented Park Place Entertainment in 2000 when it announced its intent to build a multimillion dollar new entertainment venue on its landmark more
Patent prosecution and licensing matters for Emageon Inc.
Represented Emageon Inc., a publicly traded provider of healthcare-related, dynamic user interface technologies and software for managing medical more
Taurus IP, LLC v. Chrysler Group and Mercedes-Benz USA, LLC
The firm served as lead counsel on behalf of Chrysler Group and Mercedes-Benz USA LLC in connection with a string of successes in the United States more
Over $100M in syndicated senior revolving and term loan b credit facilities for cancer treatment centers
Representation of lead agent and lender in connection with over $100 million in syndicated senior secured revolving and term loan b credit facilities more