Biography
Hon. Stanley F. Birch, Jr. (Ret.) has served with distinction for over 20 years as a United States Circuit Judge on the Eleventh Circuit Court of Appeals, the busiest federal appellate court in the country. Prior to his appointment to the bench, he was in private practice for more than a decade focusing on copyright law in the entertainment and computer software industries. Judge Birch is considered one of the foremost experts on copyright and intellectual property law and brings to his ADR practice at JAMS his broad legal knowledge, dedication to the rule of the law, and well reasoned and clearly written decisions.
In addition to his judicial opinions, Judge Birch has been an author and speaker on the law of copyright. His book, A Unified Theory of Copyright, co-authored with the late Professor L. Ray Patterson, was published in 2009. At the invitation of the Copyright Society of the United States, Judge Birch delivered the Thirty-Sixth Annual Donald C. Brace Memorial Lecture at the New York University School of Law in 2006. In 1992, the American Society of Composers, Authors, and Publishers invited Judge Birch to judge, together with Professors Paul Goldstein and Robert D. Derricola, the Forty-First Nathan Burkan Memorial Copyright Competition.
In 2009 Judge Birch, together with fellow Atlantan Ted Turner and esteemed patent lawyer Tony Askew, received the Intellectual Property Legends Award presented by the Georgia Institute of Technology, the Georgia State University Colleges of Business and Law, the Georgia Research Alliance, and the Intellectual Property Sections of the State Bar of Georgia and the Atlanta Bar Association. The IP Legends Award recognizes individuals who have made significant contributions in the area of intellectual property, both in the business and legal arenas.
Copyright
In addition to his judicial opinions, Judge Birch has been an author and speaker on the law of copyright. His book, A Unified Theory of Copyright, co-authored with the late Professor L. Ray Patterson, was published in 2009. At the invitation of the Copyright Society of the United States, Judge Birch delivered the Thirty-Sixth Annual Donald C. Brace Memorial Lecture at the New York University School of Law in 2006. In 1992, the American Society of Composers, Authors, and Publishers invited Judge Birch to judge, together with Professors Paul Goldstein and Robert D. Derricola, the Forty-First Nathan Burkan Memorial Copyright Competition.
In 2009 Judge Birch, together with fellow Atlantan Ted Turner and esteemed patent lawyer Tony Askew, received the Intellectual Property Legends Award presented by the Georgia Institute of Technology, the Georgia State University Colleges of Business and Law, the Georgia Research Alliance, and the Intellectual Property Sections of the State Bar of Georgia and the Atlanta Bar Association. The IP Legends Award recognizes individuals who have made significant contributions in the area of intellectual property, both in the business and legal arenas.
ADR Experience and Qualifications
- Authored over 3,000 opinions and participated in over 11,000 decisions
- Heard hundreds of appellate oral arguments
- An active trial and transactional attorney prior to service on the bench, Judge Birch concentrated in the areas of copyright, trademark, and taxation
- Trial work embraced many areas including intellectual property, taxation, torts, contracts, computer software, and entertainment issues
- Transactional experience included trust and estates, professional corporations, licensing, professional sports contract negotiation, and mergers and acquisitions
- Counsel to, and a corporate director of, Original Appalachian Artworks, Inc., the owner and licensor of The Cabbage Patch Kids® copyrights and trademarks. From 1979 to 1988, Judge Birch was active in litigation protecting the many copyrights and trademarks of the company and drafted, negotiated, and enforced the company’s licensing regime throughout the world.
Representative Matters
Judge Birch authored opinions on the following copyright and trademark cases for the Eleventh Circuit.Copyright
- Wilchombe v. TeeVee Toons, Inc., 555 F.3d 949 (2009), copyright infringement claim by plaintiff rap musician/producer against the nation’s largest independent record label, over a song entitled “The Weedman”
- Greenberg v. National Geographic Society, 533 F.3d 1244 (2008), copyright infringement claim by freelance photographer against magazine publisher over defendant’s digital reproduction of magazines in new CD-ROM format
- Corwin v. Walt Disney Co., 468 F.3d 1329 (2006), copyright infringement claim by estate heir against theme park owner over alleged theme park concept infringement
- Calhoun v. Lillenas Publishing, 298 F.3d 1228 (2002), copyright infringement claim by songwriter against publishing houses, record labels, churches, Christian book stores, and individuals including the author of the allegedly infringing song
- SunTrust Bank v. Houghton Mifflin Co., 268 F.3d 1257 (2001), copyright infringement claim by trustee holder of the copyright to “Gone With the Wind” against publisher of “The Wind Done Gone” for alleged copyright violations. The Wind Done Gone case is frequently cited for its First Amendment and fair use analysis involving a work of parody.
- Foley v. Luster, 249 F.3d 1281 (2001), Federal Copyright Act preemption case where plaintiff multi-level product distribution corporation distributors sued defendant videographer for state common law indemnification over original copyright infringement action
- Greenberg v. National Geographic Society, 244 F.3d 1267 (2001), copyright infringement case where plaintiff freelance photographer sued defendant magazine publisher over defendant’s digital reproduction of magazines in new CD-ROM format
- Mitek Holdings, Inc. v. Arce Engineering Co., 198 F.3d 840 (1999), appeal of attorney’s fees award pursuant to Copyright Act for action by plaintiff holding company against defendant computer program producer over copyright infringement
- Mitek Holdings, Inc. v. Arce Engineering Co., 89 F.3d 1548 (1996), copyright infringement case where plaintiff holding company sued defendant computer program producer over non literal elements of a computer program
- Bateman v. Mnemonics, Inc., 79 F.3d 1532 (1996), copyright infringement and trade secret misappropriation case where plaintiff software engineers sued defendant parking garage business over computer software interfaces used in parking garage systems
- Warren Publishing, Inc. v. Microdos Data Corp., 115 F.3d 1509 (1997) (en banc), copyright infringement and unfair competition case where plaintiff publisher sued defendant computer software supplier over publication of television and cable factbook
- Bellsouth Adv. & Pub. Corp. v. Donnelley Info. Pub., 999 F.2d 1436 (1993) (en banc), copyright infringement and unfair competition case where plaintiff telephone directory publisher sued defendant telephone directory publisher over competitive classified directory for greater Miami area
- Cable News Network v. Video Monitoring Services, 940 F.2d 1471 (1991), copyright infringement case where plaintiff cable news network sued defendant video copier over unlicensed copies of news broadcasts
- In re Capital Cities/ABC, Inc., 918 F.2d 140 (1990), copyright infringement, Lanham Act, and contractual business interference case where plaintiff book author sued defendant television network over made-for-television movie broadcast
- Optimum Technologies, Inc. v. Henkel Consumer Adhesives, Inc., 496 F.3d 1231 (2007), trademark infringement and unfair competition case where plaintiff flooring company sued defendant consumer goods distributor over adhesive carpet tape product
- Sunamerica Corp. v. Sun Life Assur. Co. of Canada, 77 F.3d 1325, 1330 (1996) [in which Judge Birch’s prior unpublished concurrence was adopted as the law of the circuit by the writing panel], trademark infringement case between two insurance companies over the right to use the SUN LIFE mark in which Judge Birch’s prior unpublished concurrence was adopted as the law of the circuit by a subsequent panel
- Mini Maid Services Co. v. Maid Brigade Systems, Inc., 967 F.2d 1516 (1992), trademark infringement case, regarding franchisor liability, where plaintiff residential cleaning service company sued competitor over service mark MAID BRIGADE
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.
- Recognized by Best Lawyers as one of the Best Lawyers in America for ADR, 2016-2022
- Recipient, Intellectual Property Legends Award, presented by the Georgia Institute of Technology, the Georgia State University Colleges of Business and Law, the Georgia Research Alliance, and the Intellectual Property Sections of the State Bar of Georgia and the Atlanta Bar Association, 2009
- Recipient, Leadership Award, Atlanta Bar Association, 2008
- Distinguished Alumnus of Calvert Hall (Baltimore) and The Emory University Law School, 2002
- Fellow, Academy of Court-Appointed Special Masters
- Fellow, Georgia Bar Foundation
- Member, State Bar of Georgia, the Atlanta Bar Association, the Gainesville-Northeastern Bar Association, the Old Warhorse Lawyers Club, and the Lawyers Club of Atlanta
- Member, Georgia Supreme Court Indigent Defense Commission, 2000-2002
- Former member, Board of Governors of the State Bar of Georgia, of the Board of Directors of the Georgia Legal Services Program, and of the Board of Directors of the Federal Defender Program for the Northern District of Georgia
- Frequent speaker, including at the 36th Annual Donald C. Brace Lecture on the law of copyright, New York University School of Law, November 2006
- Publications
- Co-author, A Unified Theory of Copyright, 46 Houston Law Review, 215-399, 2009
- Co-author, Copyright and Free Speech Rights, 4 Journal of Intellectual Property Law, Fall 1997
- Author, Copyright Protection for Attorney Work Product, National Law Journal, 23 January 1989
- Judge, United States Court of Appeals, Eleventh Circuit, 1990-2010
- Partner, Vaughan, Davis, Birch & Murphy, Atlanta, GA, 1985-1990
- Partner, Birch, Hartness & Link, Gainesville, GA, 1983-1985
- Partner, Deal, Birch, Jarrard & Link, Gainesville, GA, 1976-1983
- Board of Directors, Original Appalachian Artworks, Inc. (owner and licensor of The Cabbage Patch Kids® copyrights and trademarks), 1979-1988
- LL.M, Master of Law in Taxation, Emory University School of Law, 1976
- Law Clerk, Chief Judge Sidney O. Smith, Jr., U.S. District Court Northern District of Georgia, 1972-1974
- First Lieutenant, United States Army, 1970-1972 (Vietnam service, 5th Special Forces)
- J.D., Emory University School of Law, 1970
- B.A., University of Virginia, 1967
Counsel Comments
- “I give him high marks for legal ability.”
“He is a bright man with a comprehensive knowledge of the law.”
“He treats all with respect.”
- Lawyers’ Evaluations From The Almanac of The Federal Judiciary, Aspen Publishers, 2010 - As to Judge Birch’s legal ability. “He is smart. I give him high marks for legal ability. He's a really good judge.” “He is very bright and knows the law.” “He has a very high level of legal ability.” “He is a very smart man, and an even smarter judge.” “He is an extremely bright man. He understands the practical side of being a lawyer.” “He is reasonably intelligent, with above average legal skills. He is a very good judge.” “He is extremely smart.” “He is a bright man with a comprehensive knowledge of the law.”
- Lawyers’ Evaluations From The Almanac of The Federal Judiciary, Aspen Publishers, 2010 - As to Judge Birch’s courtroom demeanor. “His courtroom demeanor could not be better. He treats all with respect. Be prepared and follow all the rules.” “He has a good courtroom demeanor.” “He has the perfect decorum in the courtroom. He is a formal presence on a panel. He is nice and gets along well with lawyers.” “He is very formal on the bench. He has a good relationship with lawyers, but do not ever try and fool him.” “He is very congenial and not at all mean spirited.” “He is engaging and polite.” “He is courteous and has a good sense of humor.” “He is a jovial man.” “He has a perfect courtroom demeanor.” “He knows how to treat people.”
- Lawyers’ Evaluations From The Almanac of The Federal Judiciary, Aspen Publishers, 2010 - As to Judge Birch’s style of questioning. “He stays on point in questioning and is very active. I am pleased with his grasp of cases and am always glad to see him on my panel.” “He likes to engage lawyers in legal banter. Know your case and treat the panel with respect. His questions are on the record and the law and he is active in his approach.” “He is not pushy at all. He asks very direct questions to which he expects answers in a non-evasive manner. His questions are always factual.” “Do not ever try and be evasive with him. Be prepared and know the law. His questions are always on the record and the law and he is active.” “He asks a lot of questions, all on the facts. He has a good time with legal banter with lawyers. He asks the right questions.” “Be prepared and know your case. He is never a trailblazer in his position. His questions go wherever he feels they have to. He is fairly active.” “He treats lawyers very fairly. Be overly prepared, he knows your case better than you know it. He is active and asks questions that are on point.” “If you take an unreasonable position he might browbeat you. He is result-oriented and has his mind made up going in. He is very active.”
- Lawyers’ Evaluations From The Almanac of The Federal Judiciary, Aspen Publishers, 2010 - As to Judge Birch’s written opinions. “He writes good opinions in a scholarly manner.” “His opinions are succinct and well versed.” “He writes very conservative opinions.” “He issues well reasoned, scholarly opinions.” “His written opinions are right on the money.” “He writes opinions that stay on point and are not overly verbose.”
- Lawyers’ Evaluations From The Almanac of The Federal Judiciary, Aspen Publishers, 2010
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