Melissa Miksch’s practice encompasses a range of civil and criminal matters, including copyright, trademark, right of publicity, patent, and white collar criminal defense.
While at Yale Law School, Ms. Miksch successfully represented a Connecticut prisoner in a habeas corpus challenge under the guidance of the law school's clinical faculty.
Cases of Note
Dillinger LLC v. Electronic Arts Inc.: We won summary judgment for Electronic Arts Inc in this right-of-publicity and trademark case. The heirs of John Dillinger alleged that EA improperly used the Dillinger name in a series of videogames. Plaintiff sought damages and an injunction to prevent EA from selling the games. The court's orders not only affirmed EA's fundamental First Amendment right to design and publish its games, but also made clear that Indiana's right of publicity statute could not be applied retroactively to individuals who died before it was enacted. Law360 described the rulings as a "total victory" for EA.
Publications
"Angel Investors: Secondary Liability for DCI Copyright Infringement," VCExperts, April 2012
Awards and Honors
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Thurman Arnold Prize Finalist, Morris Tyler Moot Court of Appeals, 2005
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Dockweiler Medal, best undergraduate thesis in philosophy, 2000
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Outstanding Thesis Award, University of Notre Dame Honors Program, 2000
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John A. Osterle Award, excellence in philosophy, 2000