Arkansas Lottery Commission v. Alpha Marketing

←

Arkansas Lottery Commission v. Alpha Marketing, 2013 Ark. 232
the Arkansas Supreme Court

→

In this case Alpha Marketing sued the Arkansas Lottery Commission to resolve its claim over trademarks "Arkansas Lottery" and others. The circuit court ruled that the Commission had waived its sovereign immunity, so the Commission sought interlocutory review of the circuit court's decision. The Arkansas Supreme Court agreed with the Commission and reversed the lower court's finding. And, since the Commission was immune from suit, the court dismissed Alpha's lawsuit altogether.

Russell, Spec. J., filed a concurring opinion that responded to the dissenting opinions by Danielson and Goodson, JJ.

2600161Arkansas Lottery Commission v. Alpha Marketing, 2013 Ark. 2322013the Arkansas Supreme Court

Supreme Court of Arkansas

2013 Ark. 232

ARKANSAS LOTTERY COMMISSION, BISHOP WOOSLEY, DIRECTOR v. ALPHA MARKETING

Appeal from the Pulaski County Circuit Court

No. CV-12-510. --- Delivered: May 30, 2013.

Court Documents
Opinion of the Court
Concurring Opinion Russell
Dissenting Opinions Danielson Goodson

Dustin McDaniel, Att'y Gen., by: David A. Curran, Ass't Att'y Gen., for appellants.

Davidson Law Firm, by: Molly Lucas, for appellate.

Opinion of the court by Justice JOSEPHINE LINKER HART.

Concurring opinion by Special Justice J. SHEPHERD RUSSELL, III.

Dissenting opinion by Justice PAUL E. DANIELSON, joined by Justices CORBIN and GOODSON.

Dissenting opinion by Justice COURTNEY HUDSON GOODSON, joined by Justices CORBIN and DANIELSON.

Justice HOOFMAN not participating.

This work is in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices. Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties."

These do not include works of the Organization of American States, United Nations, or any of the UN specialized agencies. See Compendium III § 313.6(C)(2) and 17 U.S.C. 104(b)(5).

A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{PD-in-USGov}}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations.

Public domainPublic domainfalsefalse