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|Current Court Information:|
|United States Court of Appeals for the Fourth Circuit|
|Appointed by:||George W. Bush|
|Active:||8/15/2003 - Present|
|Preceded by:||Samuel Ervin|
|Undergraduate:||Hampton U. '72|
|Law School:||Duke Law '75|
Allyson Kay Duncan (b. 1951) is a federal judge on the United States Court of Appeals for the Fourth Circuit. She was appointed to the court by President George W. Bush.
Early life and education
- 1998-2003: Private practice attorney, North Carolina
- 1991-1998: Commissioner, North Carolina Utilities Commission
- 1990: Associate appeals judge, North Carolina Court of Appeals
- 1986-1990: Associate professor, North Carolina Central University School of Law
- 1978-1986: Staff attorney, Equal Employment Opportunity Commission
- 1977-1978: Law clerk, Judge Julia Cooper Mack, United States Court of Appeals for the District of Columbia Circuit
- 1976-1977: Associate editor, Lawyers Co-Operative Publishing Company
On the recommendation of North Carolina U.S. Senators Elizabeth Dole and Richard Burr, Duncan was nominated to the United States Court of Appeals for the Fourth Circuit by President George W. Bush on April 28, 2003, to a seat vacated by Samuel Ervin. Duncan was confirmed by the U.S. Senate on July 17, 2003, on a Senate vote and received commission on August 15, 2003.
Copyright suit over NFL Baltimore Ravens logo (2013)
*Bouchat v. Baltimore Ravens Limited Partnership, et al 12-2543
On December 17, 2013, a three-judge panel of the Fourth Circuit, composed of Judges Harvie Wilkinson, Allyson Duncan, and Albert Diaz, found that both the Baltimore Ravens' and National Football League's (NFL) use of the team's old "Flying B" logo did not infringe upon plaintiff Frederick Bouchat's copyright.
In the underlying case, Bouchat, an amateur artist, proposed a new logo for the Ravens after the team moved to Baltimore in 1995. The Ravens then presented a logo that was strikingly similar to the one Bouchat suggested. Bouchat obtained a copyright on his original drawing and filed suit, ultimately winning the case but without damages awarded. Several years later, the Ravens again changed the team logo, but Bouchat alleged infringement once more, and attempted to prevent the team and the NFL from using its previous "Flying B" logo in documentary films and photographs. The district court found that the defendants' use was fair.
Judge Wilkinson, writing for the majority, affirmed the lower court's decision, noting that the use of Bouchat's copyrighted work was transformative (i.e., it was used for a different purpose than its original one). Wilkinson further stated:
This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
|“||The uses here were not only transformative, but also -- take your pick -- fleeting, incidental, de minimis, innocuous. If these uses failed to qualify as fair, a host of perfectly benign and valuable expressive works would be subject to lawsuits. That in turn would discourage the makers of all sorts of historical documentaries and displays, and would deplete society's fund of informative speech.||”|
- Biography of Allyson K. Duncan on the Federal Judicial Center website
- Duke Law School, "Allyson Duncan ’75 Confirmed for 4th Circuit," accessed March 26, 2014
- Federal Review, "Why Not Allyson Duncan for the Supreme Court," July 6, 2005
- Legal Times, "4th Circuit Nominee Has Broad Backing," July 1, 2003
|Federal judicial offices|
|Fourth Circuit Court of Appeals
Chief Judge: William Traxler • Barbara Keenan • Steven Agee • Harvie Wilkinson • Paul Niemeyer • Diana Motz • Robert King • Roger Gregory • Dennis Shedd • Allyson Duncan • Henry Floyd • James Wynn • Albert Diaz • Stephanie Thacker
|Former judges||Hugh Lennox Bond • Karen J. Williams • Blane Michael • Michael Luttig • Emory Sneeden • Samuel Ervin • James Sprouse • Charles Henry Simonton • Nathan Goff • Edmund Waddill • Jeter Connelly Pritchard • Martin Augustine Knapp • John Carter Rose • Charles Albert Woods • Morris Ames Soper • Elliott Northcott • John Johnston Parker • Armistead Dobie • Harrison Winter • James Craven • Donald Russell • Albert Bryan, Sr. • John Butzner • Hiram Widener • Herbert Boreman • John Field • Kenneth Hall • J. Spencer Bell • Clement Haynsworth • Francis Murnaghan • Simon Sobeloff • William Walter Wilkins •|
|Former Chief judges|