Sam Miller, a shareholder in the firm's Nashville office, protects and defends businesses and individuals involved in "bet the company" intellectual property and technology disputes. Mr. Miller has successfully served as lead counsel for a wide range of clients from individuals to small businesses to Fortune 500 companies in copyright, trademark, trade dress, patent, right of publicity, false advertising, internet defamation and technology-related litigation.
He has extensive experience in state and federal courts throughout Tennessee and the United States, including recent cases in the Middle, Western and Eastern Districts of Tennessee; the Southern District of New York; the Northern District of Georgia; the District of Colorado; Central and Northern Districts of California; the Eastern District of Texas; and the District of Idaho. Mr. Miller has particular experience in prosecuting and defending against motions for temporary restraining orders and preliminary injunctions in intellectual property and technology cases.
He has experience in arbitration proceedings involving domain name disputes and Trademark Trial and Appeal Board opposition and cancellation proceedings.
In addition to traditional intellectual property matters, Mr. Miller has represented music artists in right of publicity cases and royalty disputes, including the first case in which the Tennessee Court of Appeals held that venue in an action to collect unpaid writer's royalties is proper where the songwriter resides. He also has represented individuals who have been defamed on websites or postings on the internet.
Mr. Miller was named a Mid-South Rising Star in Intellectual Property in 2008 and Intellectual Property Litigation in 2009 by Super Lawyers magazine.
Mr. Miller is the Chair of the Intellectual Property Section of the Tennessee Bar Association for 2011 – 2012. He previously served as the Chair of the Intellectual Property Section of the Tennessee Bar Association from 2009 – 2010; the Vice-chair of the Intellectual Property Section of the Tennessee Bar Association and on the governing board of the Tennessee Intellectual Property Law Association. He was an adjunct professor in intellectual property at the Cecil C. Humphreys School of Law at the University of Memphis. Mr. Miller is a member of the Sedona Conference Working Group on Electronic Document Retention and Production.
Trademark/Trade Dress/False Advertising
- Represented publicly-traded pharmaceutical company in false advertising and trademark infringement case valued at hundreds of millions of dollars.
- Obtained summary judgment in favor of nationwide retailer in trademark and cybersquatting action before the United Stated District Court for the Central District of California in Los Angeles.
- Awarded dismissal of trade dress declaratory judgment lawsuit in United States District Court for the District of Colorado on behalf of medical device company.
- Obtained a settlement on behalf of Nashville based seller of specialty pens against large distributor of specialty products in trademark infringement action
- Defeated motion for summary judgment in TTAB case involving allegations of trademark abandonment.
- Obtained successful resolution of trademark infringement and unfair competition lawsuit involving well-known identity theft prevention companies.
- Procured two cancellations of trademark registrations before the Trademark Trial and Appeal Board on behalf of national supplier of medical products to physician practices.
- Successfully resolved trademark infringement dispute in favor of large local music festival against infringing adult entertainment establishment.
- Obtained reinstatement of trademark registration that was wrongfully cancelled on behalf of large religious organization.
- Represented manufacturer of high-end appliances in case involving false advertising claims by competitor.
- Resolved trademark and trade dress infringement lawsuit involving Memphis-based restaurant versus two California cocktail lounges.
- In February 2008, settled two well-publicized trademark and unfair competition lawsuits between a historic Memphis enterprise and a record label based in Nashville.
- Obtained dismissal for well-recognized motorcycle frame designer in trade dress infringement action before the United States District Court for the Central District of California in Los Angeles.
Copyright
- Obtained motion for judgment on the pleadings that reduced potential statutory damages award against client by nearly $100 million.
- Reached positive settlement for developer accused of copyright infringement based on website design and content.
- Represented manufacturer accused of infringement in which plaintiff sought damages in excess of $150 million.
- Represents owner of distinctive design for cupcake liners in claims for infringement.
- Obtained reversal of trial court dismissal before the Tennessee Court of Appeals in which the Court held for the first time that venue in an action to collect unpaid writer's royalties is proper where the songwriter resides.
- On behalf of high-end appliance manufacturer, obtained settlement in which alleged infringer agreed to remove certain webpage from its website.
Patent
- Obtained settlement in design patent case that enjoined distributor, reseller, and importer from making, using, selling, offering for sale and importing products that are substantially the same as the claimed ornamental designs.
- Represented numerous patent owners and defendants in patent infringement lawsuits in courts throughout the United States involving mechanical, chemical, business method and software-related technologies.
- Represented multinational corporation regarding contract dispute over whether sufficient scope of patent protection was obtained in Japan.
- Instructor/Presenter – Kroll Ontrack Advanced E-Discovery Certification Course, Eden Prairie, Minnesota (June 7-8, 2012)
- Peer Reviewer – "IP Issue for Start-Up Companies," Intellectual Property Deskbook for the Business Lawyer, 3d edition
- Contributing Author – "Right of Publicity Survey," Practical Law Company
- Co-presenter – "Damages and the Calculation of Damages in Intellectual Property Cases," Intellectual Property Section, Nashville Bar Association (November 30, 2011)
- Co-presenter – "Intellectual Property and Political Campaigns," Tennessee Intellectual Property Law Association, Nashville, Tennessee (November 11, 2011)
- Presenter – "Are You Sure You Own the Copyrights in Your Code?" Suffolk University Law School podcast (August 2011)
- Author – "Are You Sure You Own the Copyrights in Your Code?" BakerTech newsletter (August 10, 2011)
- Presenter – "Intellectual Property in Advertising and Marketing Series," Baker Donelson Seminar (Summer 2011)
- Presenter – "Ethics for IP Lawyers - 2011," Tennessee Bar Association's Intellectual Property Forum (March 4, 2011)
- Presenter – "Trademark, Copyright and Labor and Employment Basics for Breweries and Distilleries," Baker Donelson seminar (March 3, 2011)
- Author – "Purchasing Internet Keywords – Buyer Beware," Baker Donelson's Hospitalitas newsletter, 2010 Issue 2 (April 2010)
- Presenter – "Intellectual Property in the Digital Age: What is it and how do you protect it?" PodCamp, Nashville, TN (March 6, 2010)
- Presenter – "Intellectual Property Law," TECworks FastTrac Program (October 22, 2009)
- Adjunct professor – Intellectual Property Law, University of Memphis Cecil C. Humphreys School of Law (Fall 2009)
- Guest Lecturer – "Introduction of Copyright Law" for survey course of "Intellectual Property Law" for the University of Mississippi School of Law (October 31, 2008)
- Author – "How to Stop Others from Using Your Business's Trademarks in a Website Address," Tennessee Chamber of Commerce & Industry's Business Insider (August 2008)
- Presenter – "Discovery Documents, Trial Exhibits and the Copyright Act" for the Tennessee Intellectual Property Law Association in Nashville, Tennessee (May 2, 2008)
- Presenter – "The TTAB Rule Changes and Other Recent Changes in Trademark Law" for the Tennessee Bar Association's Intellectual Property Forum (April 11, 2008)
- Presenter – "Patent Law," for the National Business Institute in Memphis, Tennessee (December 18, 2007)
- Presenter – "Recent Development in Trademark Law, including the New TTAB Rules," for the Tennessee Intellectual Property Law Association in Nashville, Tennessee (November 9, 2007)
- Presenter – "Ten Things Every Educator Should Know About the Copyright Act," for St. Agnes High School, Memphis, Tennessee (April 4, 2007)
- Presenter – "The Spy in Your Cell Phone," Financial Institutions Advisor, Vol. 2 No. 2 (June 2004)
- Presenter – "Is International Filing Best for Your Trademark," Innovation, Vol. 3 No. 4 (December 2003)
- Presenter – "Prescriptive Jurisdiction over Internet Activity: The Need to Define and Establish the Boundaries of Cyberliberty," 10 Indiana Journal of Global Legal Studies, Issue 2 (Summer 2003)
- Listed in Mid-South Rising Stars, 2008 and 2009
- Member – Tennessee Bar Association (Chair, Intellectual Property Section, 2011 – 2012; Chair, Intellectual Property Section, 2009 – 2010; Vice-Chair, Intellectual Property Section, 2008 – 2009)
- Member – Tennessee Intellectual Property Law Association (Board member, 2007 – 2009)
- Board Member – Woodbine Community Organization, a non-profit organization that provides affordable housing and other services to the Middle Tennessee community
- Member – American Intellectual Property Law Association
- Member – Sedona Conference Working Group on Electronic Document Retention and Production (2011 – present)
- Excellence for the Future Award from the Center for Computer-Assisted Legal Instruction for achievement in the seminar "Patents and Emerging Technologies"
- Tennessee
- U.S. District Court for the Middle, Eastern and Western Districts of Tennessee
- U.S. Court of Appeals, Sixth Circuit
- U.S. District Court for the District of Colorado
- U.S. District Court for the Eastern District of Texas
- Indiana University School of Law, J.D., 2003, cum laude
- USD Institute on International and Comparative Law at Trinity College, Dublin, Ireland, 2002
- Xavier University, B.A., 2000, cum laude