WILL HILL TANKERSLEY is a Partner in the firm's Birmingham office and is Balch & Bingham's senior Intellectual Property litigator. He also has over twenty (20) years experience in the areas of antitrust and commercial litigation.
PEER RECOGNITION
He is frequently recognized in peer-reviewed surveys as a skilled Intellectual Property lawyer.
- “Best Lawyers in America” (Intellectual Property and Antitrust)
- “Alabama Super Lawyer” (Intellectual Property)
- Birmingham Magazine "Top Attorney" (Intellectual Property)
- “Best in [Birmingham] Bar" (Intellectual Property)
PATTERN JURY INSTRUCTION DRAFTING
Mr. Tankersley and leading lawyers from four other Southeastern law firms wrote the first ever 11th Circuit Pattern Jury Instructions for copyright cases. Mr. Tankersley was the leader of that project.
Mr. Tankersley was also part of a similar project to draft the first ever 11th Circuit Pattern Jury Instructions for trademark cases. (Again, this effort was undertaken along with leading lawyers from four other Southeastern law firms.) Mr. Tankersley is the only lawyer to have served on both of these 11th Circuit Pattern Jury Instructions Drafting Committees.
BROAD COURTROOM EXPERIENCE
Will Hill Tankersley has litigated many IP matters. He is one of the few intellectual property litigators in Alabama to take trademark, copyright, trade secret and computer technology cases to judgment or to be counsel in a (patent) Markman Hearing.
DEPUTY ATTORNEY GENERAL APPOINTMENT
The State of Alabama hired Tankersley as a specially appointed Deputy Attorney General to defend the State in a long running copyright case (Thompson v. Town of Double Springs, et al) as well as to assist in other IP matters.
LAW SCHOOL ADJUNCT PROFESSOR
Tankersley is an adjunct professor at the University of Alabama School of Law on the subject of Trademarks and Unfair Competition.
LEGISLATION
Mr. Tankersley is a 2011 inductee into the Alabama Law Institute ("ALI"), a legislatively created organization to work on the study, modification and passage of legislation. Membership is by invitation only and approval of the ALI membership. The membership of the ALI is limited to a maximum of 150 members of the Alabama State Bar Association. The ALI is further limited to six (6) practicing lawyers in each Congressional District. The ALI is comprised of private practice lawyers, judges of the Alabama Supreme Court, courts of appeals, and circuit courts, federal judges domiciled in Alabama, (lawyer) members of the state legislature, full-time law faculty members of Cumberland Law School and the University of Alabama School of Law.
Mr. Tankersley's work with the ALI has included:
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"E-Sign" legislation for Internet transactions
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The first revision to the Alabama state Trademark Act since its original passage
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The Alabama version of the Interstate Deposition and Discovery Act
UTILITY INDUSTRY REPRESENTATIONS
Tankersley has been involved with a variety of utility industry IP issues including "Smart Grid" disputes.
ENTERTAINMENT INDUSTRY
Mr. Tankersley was lead regional counsel (Alabama, Mississippi and Georgia) in dozens of copyright infringement cases on behalf of the Record Industry Association. Likewise, he has been hired by the Motion Picture Association of America to represent the MPAA in movie piracy cases. Tankersley successfully defended Zales Corporation, Paramount Pictures and Dream Works on a fifty million dollar ($50 million) pro se copyright and right of publicity case. After only three months, the plaintiff’s case was dismissed on jurisdictional grounds and was never re-filed. He also defended Capitol/EMI in a rare common law copyright case that involved the pre-1976 Copyright Act. His representation includes nationally-known Internet clients such as Network Solutions and ICANN. Mr. Tankersley also serves as a WIPO mediator in domain name disputes.
FRANCHISING
Tankersley represented the founder of Steak-Out, a national franchise company, in a long-running, complex IP and franchise case.
TECHNOLOGY
Tankersley has defended against multiple lawsuits and pre-litigation demands brought by the Business Software Alliance and Microsoft Corporation.
Mr. Tankersley has represented a computer software and hardware manufacturer in a dispute relating to satellite mapping. He has represented a computer software manufacturer in a lengthy jury trial on “vaporware” (allegedly non-existent software).
CFAA
Tankersley was lead counsel on the first reported case in Alabama interpreting the scope of the Computer Fraud and Abuse Act in the context of departing employees. He has had multiple cases with CFAA allegations. He has spoken at a National Business Institute CLE on the scope of the CFAA.
EDUCATION
Tankersley holds an LLM from New York University School of Law in Trade Regulation (Intellectual Property and Antitrust). His written submission in connection with that degree was on "moral rights" in intellectual property.
STATE BAR IP WORK
Over ten years ago, he led the task force that founded the Intellectual Property, Entertainment & Sports Law Section of the Alabama State Bar. Tankersley was the first Chair of that Section.
PRO BONO WORK
Tankersley serves as the (pro bono) General Counsel of the Fixed Point Foundation. Fixed Point is a Birmingham, Alabama based think tank that sponsors events and teaching on issues of religion, culture and philosophy and that distributes related media worldwide.
He has also represented the Dexter Avenue King Memorial Church in Montgomery, Alabama (the only church where Rev. Martin Luther King Jr. served as a pastor).
BOARD OF DIRECTORS
He serves on the Board of Directors of PANGEATWO, a professional staffing and placement company.
EXAMPLES OF CASE SPECIFIC REPRESENTATIONS
Tankersley has had a great deal of experience seeking and defending against expedited relief such as emergency injunctions (TRO's). His practice has included, among other things, the following:
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Defending an aerospace company against an expansive interpretation of the Computer Fraud and Abuse Act.
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Prosecuting a breach of contract dispute involving geo-spacial imaging hardware and software.
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Obtaining a full injunction of a non-compete and trade secret agreement as well as liquidated damages and an award of over $100K in attorney fees.
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Assisting in the response to "patent trolls'" efforts to obtain license fees related to Smart Grid technology.
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Actions involving departing employees who have allegedly taken proprietary information or who may have started working for a competitor allegedly in violation of an employment contract
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Actions involving "cyber-squatters" who have adopted confusingly similar domain names or have made unauthorized use of trademarks on Internet web sites
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Actions involving: trademark, copyright and patent infringement, trade secret misappropriation, theft of industrial technology or information, wrongful use of information on Internet websites, unauthorized suggestion of affiliation or sponsorship, product counterfeiting, art counterfeiting, false advertising, invasion of privacy
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Actions involving software license disputes
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Actions involving functionality representations as to computer hardware and software
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Actions involving government release and creation of information under the Freedom of Information Act and the Federal Advisory Committee Act
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Assisting with investigations of hacking and data destruction that involve the Computer Fraud and Abuse Act
COMMERCIAL AND ANTITRUST LITIGATION
Mr. Tankersley has litigated complex commercial cases involving accounting malpractice, contract disputes, price fixing, and monopolization.
OTHER WRITINGS
Mr. Tankersley speaks and writes on a variety of intellectual property and information technology issues.
JUDICIAL LAW CLERK
Prior to joining Balch & Bingham, Tankersley served as Law Clerk for Honorable Truman M. Hobbs, United States District Judge, Middle District of Alabama.
MILITARY SERVICE
After college and before law school, Tankersley served as a Regular Army Commissioned Officer in the Infantry and Special Forces.
PRIOR EMPLOYMENT
1989-Present: Balch & Bingham LLP: Partner
1988-1989: LLM at New York University School of Law
1987-1988: Capell Howard Knobe & Cobbs: Associate
1986-1987: Clerk for the Honorable Truman Hobbs, Chief Judge for the Middle District of Alabama
1983-1986: Law School at University of Alabama School of Law
1979-1983: Regular Army: Infantry Officer (US & West Germany)
SELECTED CASE FILINGS IN WHICH TANKERSLEY HAS BEEN INVOLVED
ABB Automation, Inc. v. Jakob W. Devries, et al.; Case No.; In the Circuit Court of Jefferson County, Alabama; CV-013665 (Trade Secret)
Accor Technology, Inc. v. Reliance Worldwide Corporation d/b/a Cash Acme; In the United States District Court Western District of Washington at Seattle; Case No. CV-07-1714 (Trademark)
Adventure Travel Society, Inc. v. ATA Services, Inc. d/b/a Adventure Travel; In the United States District Court for the Northern District of Alabama; Case No. 01-CV-1597 (Trademark / Internet)
Alabama Power Company v. Martin Bruce Harbison, Weathertron, Inc., and Weather Shield LLC; In the Circuit Court of Jefferson County, Alabama; Case No. CV2007-002328 (Trademark, False Advertising, Trademark Counterfeiting)
AmSouth Bank v. Richard Scott Perkins, et al, In the Circuit Court of Jefferson County, Alabama; Case No. CV 06-125 (Trade Secret)
Hammond v. UBS, In the Circuit Court for Tuscaloosa County, Alabama (Sales Practice Enforcement of Arbitration Provision)
Frederick W. Hughes, as Executor of the Estate of Andy Warhol, Deceased, and the Andy Warhol Foundation for the Visual Arts, Inc. v. Paul B. Grant, Jr.; In the United States District Court for the Northern District of Alabama; Case No.: CV-92-B-1519-S (Counterfeiting)
Annie Laura Thompson v. Town of Double Springs, et al; In the United States District Court of Alabama Jasper; Case No. CV-04-CO-3056-J (Copyright)
Arden Ward, Arden Photography, LLC v. Hoffman Media LLC, Hoffman Publications, LLC, Simon and Schuster, Inc., Paula Deen Enterprises, LLC, Meredith Corporation, Phyllis Hoffman, Paula Deen; In the United States District Court for the Northern District of Alabama Southern Division; Case No.: 2:08-CV-00732-IPJ (Copyright Right of Publicity)
ATC Distribution Group, Inc. v. Tom Conroy; In the Circuit Court of Lauderdale County, Alabama; Case No. CV-02-383 (Non-Compete)
BankTrust v. Seals Leasing Group, LLC, et al., In the Circuit Court of Jefferson County, Alabama; Civil Action Number: 01-CV 2009-903100 (reprographic services and lease dispute)Bell Aerospace Services, Inc. v. U.S. Aero Services, Inc. et al; United States District Court for the Middle District of Alabama; 1:09-CV-141-MHT (Computer Fraud and Abuse Act and Trade Secret)
Bowater Alabama, Inc. v. GEO Specialty Chemicals, Inc.; In the Circuit Court of Talladega County, Alabama (Environmental, Injunctive Relief)
Civil Solutions, Inc., et al. v. QORE Property Sciences, Inc., et al.; In the United Stats District Court for the Northern District of Alabama; Case No. CV03-S-2755-NE (Trade Secret)
ClassroomDirect.com v. Draphix, LLC; In the United States District Court for the Northern District of Alabama Southern Division; CV-06-1669 AR-S (Trademark)
Classroomdirect.com, LLC v. Re-Print/Draphix, LLC; In the Circuit Court of Jefferson County, Alabama; Case No. CV-05-4675-GWN (Trademark and Unfair Competition)
ClassroomDirect.com, LLC v. Re-Print/Draphix, LLC; In the United States District Court for the Northern Division of Alabama Southern Division; Case No. CV -05-AR-0853-S (Trademark)
Claude Michael Wheeler, et al. v. The Barber Companies, et al.; In the Circuit Court of Jefferson County, Alabama; Case No. CV 2008-902626 (Invasion of Privacy)
Datamill, Inc. v. Northrop Grumman Corp. and Avantix LLC; In the United States District Court for the Northern District of Alabama; Case No. CV-07-S-2281-NE (Trade Secret)
Delta Zeta Chapter of Beta Theta PI, et al. v. Auburn University, et al; In the Circuit Court of Lee County, Alabama; Case No.: CV-2001-697 (False Light / Injunctive Relief)
Directional Publishing Inc. v. TamSam Design Inc., et al., In the U.S. District Court for the Northern District of Alabama; CV-2:2009CV404 (Copyright).
Draphix LLC. v. The Travelers Indemnity Company; In the United States District Court Northern District Southern Division; Case No. CV-08-J-1260-S (IP Claim Insurance Coverage)
EBSCO Industries, Inc. et al. v. LMN Enterprises, Inc.; United States District Court for the Northern District of Alabama; Case No.: CV-98-J-2825-S (Configuration Trademark)
Electronic Voice Services, Inc. v. Robert Aitcheson d/b/a HELLOROBERT.COM; United States District Court for the Northern District of Alabama; Case No. 08-AR-0011-S (Trademark)
Federal Transtel, Inc. v. Global Airwave Communications, et al.; In the Circuit Court for Jefferson County Alabama; Case No.: CV 01-6979
Foria International, Inc. v. Nitches, Inc, Kohl’s Department Stores, Inc., and Does 1-9 Inclusive; United States District Court for the Middle District of Alabama ; CV 05-4798PA (Trademark)
Frederick W. Hughes, as Executor of the Estate of Andy Warhol, Deceased, and The Andy Warhol Foundation for the Visual Arts, Inc. v. Paul B. Grant, Jr.; In the United States District Court for the Northern District of Alabama; Case No.: CV-92-B-1519-S (Copyright and Trademark Counterfeiting)
Stacey Gaither v. Mad Dogg Athletics, In the Circuit Court of St. Clair Count, Alabama; CV-2010-900027 (Product Liability and counterfeiting.)
Henry Austin, et al. v. Motiva Enterprises LLC.; In the United States District Court Northern District of Alabama Southern Division; Case No. CV 03-P-0451-S (State Antitrust)
Hibbett Sporting Goods, Inc. v. J. Haws & Associates, Inc.; In the United States District Court for the Northern District of Alabama Southern Division; Case No. CV 08-AR-0404-WMA (Copyright)
Homeland Vinyl Products Inc. v. Ultraliner et al., In Arbitration Before the American Arbitration Association; Proceeding No.: 30 154 00343 10 (Arbitration over Manufacturing Standards Contract)
In Re: Polyester Staple Antitrust Litigation; In the United States District Court for the Western District of North Carolina Charlotte Division; Case No. 3:03CV1516 (Price Fixing)
Jackhammer, Inc. v. The Richards Group, Inc., d/b/a Jackhammer; In the United States District Court for the Northern District of Alabama; Case No.: CV-97-C-3156-S (Trademark)
Jerry B. Black v. BriteSmile, Inc., et al.; Jefferson County Circuit Court; Case No.: CV 96-7054 (Trade Secret)
John C. Wetterhan et al. v. Vesta Insurance Group, Inc.; In the Circuit Court of Jefferson County, Alabama; Case No.: CV-97-00394 (Stock Options)
John Douglas Futch v. EBSCO Industries, Inc. et al.; In the United States District Court for the Northern District of Alabama; Case No. CV-04-B-1724-S
Merrill Lynch, Pierce, Fenner & Smith Inc. v. Dennis L. Laird; United States District Court for the Northern District of Alabama; Case No.: 99-C-2678-S (Trade Secret / Non-Solicitation Agreement)
Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Charles W. Kern; United States District Court for the Northern District of Alabama; Case No.: CV-99-S-2346-S (Trade Secret / Non-Solicitation)
Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Nancy C. Lipham; United States District Court for the Northern District of Alabama; Case No.: CV-01PT-2173-E (Trade Secret / Non-Solicitation)
Microsoft Corporation v. F. A. R., Inc d/b/a FAR Distributing Co.; Frank A. Ranelli; In the United States District Court Northern District of Alabama Southern Division; Case No. CV-07-B-1991-S (Copyright)
Motiva Enterprises LLC v. Amin Fazal , Janice Fazal and Sarah Enterprises, Inc.; In the Circuit Court of Jefferson County, Alabama; Case No.: CV-03-09 (State Antitrust)
Neverland A. Randle v. MSNBC Television Productions, Capitol Record/EMI; 20th Century Fox Film Productions, Dreamworks Productions/Paramount Pictures, Walt Disney Animation Productions and Zales Jewelers; In the Circuit Court of Jefferson County, Alabama; Case No.: NO.: CV-08-001324 (Copyright and Right of Publicity)
NewRiver, Inc. v. Mobular Technologies, Inc.; In the United States District Court for the District of Massachusetts; Case No.: 05-CV-12285-RCL (Patent)
Overhead Door Corporation v. Wilson Overhead Door Company of Huntsville, Inc.; In the United States District Court for the Northern District of Alabama; Case No. CV-03-J-3427-NE (Trademark)
Paramount Pictures Corporation; et al. v. Phillip W Smith; In the United States District Court Northern District of Alabama Northeastern Division; CV 02-S-3015-NE (Copyright)
Paxton and Thau Artistic Supply, LLC v. House of Forgings; In the United States District Court for the Southern Division; Case No. CV 2:08-cv-00545-VEH (Trademark)
Rightway Restaurant Inc. v. Oldfield Eastern Corp., and Donald R. Harkleroad; In the United States District Court for the Northern District of Alabama; CV-02-S-1331-NE (Franchise and Trademark)
Sammy’s Management Company v. Keith Wimbley; Before the World Intellectual Property Organization Arbitration and Mediation Center (Trademark)
Savela & Associates, Inc. v. Reagan Mullins; In the Circuit Court for Jefferson County, Alabama (Trade Secret and Non-Compete)
SPH Crane & Hoist, Inc., d/b/a Morris Material Handling v. DeShazo Service Company, LLC, DeShazo Crane Company, LLC and David Brooks Hovey, Jr.; In the Circuit Court of Jefferson County, Alabama; Case No.: CV-034541 (Trademark)
Stan Smith, et al. v. Network Solutions, Inc.; In the United States District Court Northern District of Alabama Southern Division; Case No. CV-00-BU-2769-S (Internet Class Action)
The Chinet Company v. Fort James Corporation; In the United States District Court for the Northern Division of Alabama Southern Division; Case No. CV 99-J-1568-S (False Advertising)
The Collegiate Internet Company, LLC; et al. v. Tidwell Dewitt LLC; et al.; In the Circuit Court of Jefferson County, Alabama; Case No. CV-05-781 (Internet)
The Jefferson County Racing Association v. Mike Hale et al; In the Circuit Court of Jefferson County, Alabama; Case No.: CV-200507684 (Injunction)
Tommy Thompson v. Daniel Limbaugh, et al.; In the United States District Court for the Northern District, Middle Division; Case No.: CV 00-AR-2048-M (Copyright)
UBS PaineWebber, Inc. v. Bill Lynch and Alexander Key Investments, a division of Sun Trust Capital Markets, Inc.; In Arbitration Before the NASD Dispute Resolution, Inc. (Trade Secret / Non-Solicitation)
UBS PaineWebber, Inc. v. Frank Sloan; In the District Court of Dallas County, Texas (Trade Secret / Non-Solicitation)
UBS PaineWebber, Inc. v. Larry C. Milton; In the District Court of Tarrant County, Texas; Case No.: 67-197591-03 (Trade Secret / Non-Solicitation)
VAE Nortrak North America, Inc. and Meridian Rail Information Systems Corp. v. Progress Rail Services Corporation; In the United States District Court for the Northern District of Alabama; Case No.: 03-AR-1480-M (Patent)
SELECTED CLIENT REPRESENTATIONS:
A Center for Eating Disorders
Allstar Marketing Group, Inc.
Alabama Center for Foreign Investment
American Society of Portrait Artists
Barber Companies
Barber Motor Sports Park
Baxley Trailers, Inc.
Birmingham Automobile Dealers Association Inc.
Birmingham Bicycle Company, Inc.
Birmingham Parent Magazine
Chippendale Dancers
Civil Air Patrol
Compass Bank
Dexter Avenue King Memorial Foundation (pro bono)
Direction Publishing, Inc.
FenderSplendor, Inc.
Fixed Point Foundation (pro bono)
HealthSouth Corporation
IKON Office Solutions, Inc.
Intergraph Corporation
LocalHelpWanted.Net
Merrill Lynch
Mike Shula
Mississippi Development Authority
Northwest Shoals Community College
Oasis Family Counseling (pro bono)
Overhead Door Corporation
Paramount Pictures/Dreamworks
Peace, Love N' Pottery
Ready Built Transmissions
Recording Industry Association of America
Sammy’s of Mobile, Ltd.
Savela & Associates, Inc. d.b.a Savela Solutions
Southern Communications Services, Inc.
Southern Company Services, Inc.
Southern Linc
Southern Research Institute
SportsMed Orthopaedic Specialists, PC
Submarine Pipeline Spoilers (U.S.A.) Inc.
The Barber Companies
Thyssen Inc.
Tidwell DeWitt LLC
UBS Financial Services Inc.
United States Aero Services, Inc.
VAE Nortrak, Inc.
Vesta Insurance Group Inc.
World Intellectual Property Organization
Zales Corporation