Grady M. Garrison

Of Counsel

Memphis
T: 901.577.8151
F: 901.577.0814

Grady Garrison concentrates his practice in the areas of intellectual property law and franchise law.

Featured Experience

Represented a global logistics company in federal district court against the world’s largest supplier of bar code scanning technology in a case involving claims of breach of contract, misappropriation of trade secrets and technology, conversion and breach of fiduciary duty, which resulted in a multi-million dollar settlement.

Obtained a favorable settlement for a producer of cereal and convenience foods in a trademark infringement action against a global oil and gas company.

Represented the world's largest cheerleading and dance company in trademark, copyright and proprietary information litigation matters.

Professional Biography

Mr. Garrison has experience in trademark, copyright, franchising, antitrust and trade regulation matters and licensing, litigation and transactional issues related thereto. Mr. Garrison successfully argued the copyright case before the Sixth Circuit Court of Appeals, which decided two issues of first impression in the Circuit: the test for conceptual separability for designs of useful articles, and the deference to be given by the courts to Copyright Office determinations. Mr. Garrison thereafter co-authored his client's briefs to the Supreme Court of the United States, which on March 22, 2017, affirmed the Sixth Circuit decision and formulated a new test for conceptual separability. The Supreme Court decision has far-reaching implications for the fashion industry and other owners of designs of useful articles.

Represented a global logistics company in federal district court against the world’s largest supplier of bar code scanning technology in a case involving claims of breach of contract, misappropriation of trade secrets and technology, conversion and breach of fiduciary duty, which resulted in a multi-million dollar settlement.
Obtained a favorable settlement for a producer of cereal and convenience foods in a trademark infringement action against a global oil and gas company.
Represented the world's largest cheerleading and dance company in trademark, copyright and proprietary information litigation matters.
Obtained summary judgment on all claims against a manufacturer of cheerleader uniforms in North Carolina Superior Court in a lawsuit concerning the failed merger of two North Carolina cheerleading gyms.
Successfully represented a sports apparel production company in a case concerning copyright protection for design elements on uniforms. Baker Donelson was able to convince the U.S. Supreme Court that two-dimensional designs incorporated into the company's uniforms were entitled to copyright protection under a conceptual separability test adopted by the Court. This ruling was a significant victory for Baker Donelson as it marked the first time the Supreme Court had issued a ruling on apparel design copyright. It provides powerful precedent for the garment industry and fashion designers to protect their intellectual property against knockoffs.

Member – Board of Directors of the Memphis Rock 'N Soul Museum
Member – Founding Board of Directors of Promise Academy, Inc.
Member – International Bar Association
Member – American Bar Association (Antitrust Law Section; Patent, Trademark and Copyright Law Section; Co-Chair, Intellectual Property Litigation Subcommittee; Roundtable Moderator, Litigation Subcommittee on IP Litigation; Forum Committee on Franchising)
Member – Tennessee Bar Association
Member – Tennessee Intellectual Property Law Association (Board of Governors, 1996 – 98)
Member – Memphis Bar Association
Member – Memphis Area Franchise Association (President, 1988 – 1998)
AV^® Preeminent™ Peer Review Rated by Martindale-Hubbell
Listed in The Best Lawyers in America^® for Franchise Law, 1997 – 2023; Trademark Law and Litigation - Intellectual Property since 2011
Named the Best Lawyers^® 2014 Trademark Law "Lawyer of the Year" in Memphis
Named the Best Lawyers^® 2013 Litigation - Intellectual Property and 2013 Trademark Law "Lawyer of the Year" in Memphis
Selected to Mid-South Super Lawyers, Intellectual Property, since 2006
Named to Business Tennessee magazine's "150 Best Lawyers" in the area of intellectual property law (2009)
Adjunct Professor and Founder – Franchise Law, University of Memphis School of Law
Adjunct Professor – Copyright and Licensing, University of Memphis School of Music

Co-author – "Nike Jumpman Logo: Not Yet a Slam Dunk," IAM Weekly International Reports (July 2018)
"New Copyright Protection Test for Designs of Useful Articles," IAM Weekly International Reports (December 2017)
"Copyright Protection for Designs of Useful Articles," reprint, Lexology (April 2016)
"Copyright Protection for Designs of Useful Articles," IAM Weekly International Reports (April 2016)

"A New Test for Copyright Protection for Designs of Useful Articles," The Florida Bar's 9th Annual Intellectual Property Symposium (April 2018)
"Copyright Infringement in the Cloud," ABA Intellectual Property Litigation Roundtable Series (February 2016)
"After Lexmark, Is International Patent Exhaustion on the Horizon?," ABA Intellectual Property Litigation Roundtable Series (December 2015)
"Three Upcoming Patent Law Decisions Expected from the Supreme Court," ABA Intellectual Property Litigation Roundtable Series (April 2015)
"Selected Hot Topics in Intellectual Property Law 2014," ABA Intellectual Property Litigation Roundtable Series (October 2014)
Co-presenter – "A Review of Significant Intellectual Property Developments in 2012," University of Mississippi's annual "CLE by the Hour" seminar (December 2012)

44 Baker Donelson Attorneys Named to 2023 Mid-South Super Lawyers; 32 Named to Mid-South Rising Stars (November 28, 2023)
Baker Donelson Attorneys Recognized in The Best Lawyers in America^® 2024 Listing (August 17, 2023)
55 Baker Donelson Attorneys Named to 2022 Mid-South Super Lawyers; 30 Named to Mid-South Rising Stars (November 29, 2022)
Baker Donelson Attorneys Earn Recognition in The Best Lawyers in America® 2023 Listing (August 18, 2022)
61 Baker Donelson Attorneys Named to 2021 Mid-South Super Lawyers; 34 Named to Mid-South Rising Stars (November 30, 2021)
Baker Donelson Attorneys Earn Recognition in The Best Lawyers in America® 2022 Listing (August 19, 2021)
69 Baker Donelson Attorneys Named to 2020 Mid-South Super Lawyers; 38 Named to Mid-South Rising Stars (November 30, 2020)
Baker Donelson Top-Listed in the Nation in Six Practice Areas in The Best Lawyers in America^® 2021 Listing (August 20, 2020)
77 Baker Donelson Attorneys Named to 2019 Mid-South Super Lawyers; 45 Named to Mid-South Rising Stars (November 6, 2019)

Practices

Industries

Education

New York University, LL.M. in Trade Regulation, 1977
Memphis State University, J.D., 1972
Vanderbilt University, B.A., 1967,
- Phi Eta Sigma,
- Phi Beta Kappa

Admissions

Tennessee, 1972
U.S. District Courts for the Middle and Western Districts of Tennessee
U.S. Court of Appeals for the Sixth Circuit
U.S. Supreme Court

Featured Media

44 Baker Donelson Attorneys Named to 2023 Mid-South Super Lawyers; 32 Named to Mid-South Rising Stars

Press Release / November 28, 2023

Baker Donelson Attorneys Recognized in The Best Lawyers in America^® 2024 Listing

Press Release / August 17, 2023

55 Baker Donelson Attorneys Named to 2022 Mid-South Super Lawyers; 30 Named to Mid-South Rising Stars

Press Release / November 29, 2022

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Baker Donelson is a national law firm with more than 650 attorneys and public policy advisors representing more than 30 practice areas to serve a wide range of legal needs. Clients receive knowledgeable guidance from experienced, multi-disciplined industry and client service teams, all seamlessly connected across 23 offices in Alabama, Florida, Georgia, Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Tennessee, Texas, Virginia, and Washington, D.C.