Search Team

Search by Last Name
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z

Fish Cases

Gaylord v. United States of America

Litigation

Fish Cases

Gaylord v. United States of America

Litigation

Back to Case Listing

Fish represented Mr. Gaylord in a copyright infringement suit related to a 2002 first-class stamp issued by the United States Postal Service that commemorated the 50th anniversary of the armistice of the Korean War. The stamp featured a photo of the 19-soldier sculpture of the Korean War Memorial, created by Mr. Gaylord, from the National Mall in Washington, D.C. The Federal Circuit, in its first significant holding on fair use, held in favor of Mr. Gaylord and remanded the case to the United States Court of Federal Claims for damages. After remand, in a second appeal on damages by Mr. Gaylord, the Federal Circuit again reversed the Court of Federal Claims, holding that it erred in determining that Mr. Gaylord could not seek “lost licensing fees” damages against the United States.

In-Depth

Fish represented Mr. Gaylord in a copyright infringement suit related to a 2002 first-class stamp issued by the United States Postal Service that commemorated the 50th anniversary of the armistice of the Korean War. The stamp featured a photo of the 19-soldier sculpture of the Korean War Memorial, created by Mr. Gaylord, from the National Mall in Washington, D.C. The Federal Circuit, in its first significant holding on fair use, held in favor of Mr. Gaylord and remanded the case to the United States Court of Federal Claims for damages. After remand, in a second appeal on damages by Mr. Gaylord, the Federal Circuit again reversed the Court of Federal Claims, holding that it erred in determining that Mr. Gaylord could not seek “lost licensing fees” damages against the United States.