Shannon Zmud Teicher

Shannon assists clients with all sorts of intellectual property matters both as counselor and in court:

• Trademark search, registration, protection, licensing, cease and desist, and infringement matters
• Copyright registration, protection, licensing, cease and desist, and infringement matters
• Trade secret policies, protection and misappropriation matters
• Domain name acquisition, protection, cease and desist, and Uniform Domain Name Dispute (UDRP) matters
• Agreements to govern web and app activities, including Terms of Service (TOS), End User License Agreements (EULA), Privacy Policies, Security Policies, Subscription / Auto-renewal Agreements, and Distribution Agreements
• Agreements to govern independent contractor, employee and developer relationships, including work made for hire, non-disclosure, security, social media and confidentiality agreements
• Advice on compliance issues such as privacy, ADA accessibility and WCAG 2.1

Shannon provides advice on marketing campaigns and promotions on the web and social media platforms such as Facebook, Twitter, Pinterest, Instagram and others. This includes guidance on a variety of topics, including:

• Social media and endorsements, including disclosures
• Social media and regulatory compliance, including Federal Trade Commission (FTC), National Advertising Division (NAD) and other regulatory and self-regulatory organizations
• User-generated content, including Communications Decency Act (CDA) implications
• Fair use and copyright issues for images, videos and music, including Digital Millennium Copyright Act (DMCA) registration and take-downs
• Official Rules and advice on sweepstakes, contests and prize giveaways
• Mobile, text and telemarketing issues, including Telephone Consumer Protection Act (TCPA) compliance
• Privacy issues, including Children’s Online Privacy Protection Act (COPPA) compliance

In the First Amendment media context, Shannon routinely assists clients:

• Defend defamation, libel, privacy and related claims
• Defend subpoenas in both criminal and civil courts
• Pursuing public records and enforcing open meeting laws
• Securing access to courtrooms

• The Dallas Morning News Inc. and Steve Blow v. John Tatum and Mary Sue Tatum, 554 S.W.3d 614 (Tex. 2018) – Defended The Dallas Morning News against a defamation lawsuit, securing a dismissal from the Texas Supreme Court.
• TerraCORE Panels, LLC v. Stone Panels, LLC (N.D. Tex. 2016) – Represented Stone Panels in case involving claims of unfair competition and defamation. Aggressive defense strategy included cross-claims for copyright infringement. Case was favorably settled during discovery phase and included an agreed permanent injunction against TerraCORE enjoining use of Stone Panels’ copyrighted designs.
• Viewpoint Bank, N.A. v. PointBank (E.D. Tex. 2015) Represented Viewpoint Bank in a declaratory judgment action seeking a declaration of no trademark infringement (settled).
• Mike Leach v. Spaeth Communications, Inc. et. al., 455 S.W.3d 171 (Tex. App.—Amarillo 2014, pet. denied) – Represented Spaeth Communications in an action filed by the former Texas Tech head football Coach Mike Leach. Leach was fired by the university after an investigation into allegations he mistreated a student athlete who had suffered a concussion. The events surrounding Leach’s dismissal received substantial media attention and he purportedly sued Spaeth Communications for its work on behalf of the student’s family. The Lubbock trial court granted summary judgment, dismissing Leach’s claims for defamation, tortious interference and conspiracy. The judgment was affirmed on appeal.
• FPX, LLC v. Google Inc. et al., 276 F.R.D. 543 (E.D. Tex. 2011) — Represented Google Inc., AOL LLC, YouTube LLC, Turner Broadcasting, MySpace, and Ask.com in two putative trademark class action lawsuits asserting that Google’s AdWords program violated federal trademark law in the U.S. District Court for the Eastern District of Texas, Marshall Division. The Court denied the Plaintiffs’ motions to certify the classes.
• Classic Ink, Inc. v. American Needle, 2010 WL 4307632 (Jury Trial, N.D. Tex. 2010)— Defended American Needle in a case involving trademark infringement with regard to defunct sports team logos in the U.S. District Court for the Northern District of Texas, Dallas Division. Jury returned a mixed verdict finding trademark infringement, but not willfully and awarded zero damages.

• Lawdragon 500 Leading Litigators in America, 2022
• “Rising Star,” Super Lawyers (Thomson Reuters), 2007, 2009-2011, 2013-2019

Publications

• “Cancel Culture and the Endless Stream of Subscriptions: A Discussion of Automatic Renewal Laws” (October 2021)
• “Two New Supreme Court Decisions Alter the Landscape for Litigating Copyright Infringement Cases” (March 2019)
• “First Amendment Watchdogs Warily Regard Passage of FOSTA” (April 2018)
• “Last Call: Your Q4 DMCA Agent Designation Reminder” (October 2017)
• “The Trump Administration Retweets and Retreats” (April 2017)
• “First Amendment Implications of Nomination of Judge Neil Gorsuch for Supreme Court” (February 2017)

Speaking Engagements

• “Crafting the Key to the Courthouse: Evolving Standards and Strategies for Registering and Litigating Ownership of Copyright,” 2020 CSUSA Midwinter Meeting (February 15, 2020)
• “FTC Endorsement and Influencer Guidelines and Best Practices,” Law x Style Summit, Dallas Bar Association’s Entertainment, Art & Sports Law Section (November 15, 2019)
• Guest Lecturer, “Copyrights, Trademarks and Other IP: A Practical Guide for Businesses & Entrepreneurs,” Southern Methodist University Cox School of Business (September 12, 2018)
• First Amendment Panel, Jackson Walker (January 24, 2017)
• How Professional Journalists Separate Fake News From Facts, The Dallas Morning News (October 11, 2017)

In the News

• Featured on WFAA-TV: “What Trumps SCOTUS pick means for Texas“
• Quoted in The Lubbock Avalanche-Journal: “Texas Supreme Court Declines to Review Former Tech Coach Leach’s Appeal“
• Quoted in Law360: “Breitling Can’t Avoid Atty Fees in Fight with Petroleum News”
• Quoted in D Magazine Front Burner: “Attorney Shannon Zmud Invokes Journalists’ Shield Law For The First Time In Dallas County — And Wins”

• Media Law Resource Center, Pre-Publication/Pre-Broadcast Committee, Past Chair
• American Bar Association – Tort Trial and Insurance Practice Section (TIPS)
  • Media, Privacy and Advertising Law Committee, Vice Chair, 2016-2017
• Dallas Bar Association, Media Relations Committee, Past Chair
• Patrick E. Higginbotham American Inn of Court, Associate, 2008
• Dallas Women’s Foundation, Advocacy Task Group, 2014-Present