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Mike Nepple

Partner

St. Louis
314 552 6149 314 552 6149 direct
314 552 7149 fax


Mike focuses his practice on intellectual property litigation, including patent, media, advertising, copyright, trade secret, privacy and data breach actions. Mike regularly represents clients in U.S. district and state courts across the country. He is one of the founders of Thompson Coburn's In Focus photo copyright blog. Mike received his undergraduate degree in mechanical engineering from the University of Iowa and is licensed to practice before the U.S. Patent & Trademark Office.

Blogs

Supreme Court Avoids Discovery Rule Fight in Copyright Lawsuit

Instagram's Embedding Tools and Copyright: Ninth Circuit's Ruling Explained

Sign o’ the Times? Supreme Court decides Andy Warhol’s Prince silkscreen is not a fair use

News reporting use of insurrection photo held to be fair use

Supreme Court excuses copyright application mistake

Photo publisher’s checklist: Seven New Year’s legal resolutions for your website

No more half measures: pleading infringer knowledge in contributory copyright infringement claims

Too infringing to bear: NY court sides with photographer in suit over embedded image

Contributory copyright infringement: Can you ever know what you don’t know?

Hard-fought copyright case produces just $750 award

TCLEs

Talking About Your IP Rights

Thompson Coburn Publications

Final really does mean final in the Federal Circuit

Publications

Quoted, "The Biggest Copyright Rulings Of 2023,"
Law360, December 14, 2023

Quoted, "Justices Have Multiple Paths To Doom ‘Trump Too Small’ Trademark,"
Bloomberg Law, November 3, 2023

Quoted, "Assessing the Arguments: Practitioners Predict Likely Loss for TRUMP TOO SMALL Applicant,"
IPWatchdog, November 2, 2023

"No more half measures: pleading infringer knowledge in contributory copyright infringement claims,”
ThompsonCoburn.com, September 24, 2021

"All Animals are Equal: Eighth Circuit Reverses Dismissal of First Amendment Challenge to Arkansas Ag-Gag Law,"
MLRC MediaLawLetter, September 2021

"Eighth Circuit: Post-Complaint Hyperlink to Unchanged Story Constitutes a Republication, May Show Actual Malice,"
MLRC MediaLawLetter, September 2021

“Too infringing to bear: NY court sides with photographer in suit over embedded image,”
ThompsonCoburn.com, August 3, 2021

“Contributory copyright infringement: Can you ever know what you don’t know?,”
ThompsonCoburn.com, May 18, 2021

“Hard-fought copyright case produces just $750 award,”
ThompsonCoburn.com, March 18, 2021

"Survey of Eighth Circuit Court of Appeals Privacy and Related Claims Against the Media,"
MLRC 50-State Survey 2021-22: Media Privacy & Related Law, February 2021

Co-Author, “Amazon and U.S. IPR Center Announce “Operation Fulfilled Action,”
ThompsonCoburn.com, December 3, 2020

"Game, set, match: Sometimes the photo is the story,"
ThompsonCoburn.com, November 6, 2020

"Graffiti artists see victory under Visual Artists Rights Act Claim,"
ThompsonCoburn.com, October 14, 2020

"Not a bargain at twice the price: Court awards attorneys' fees to victorious copyright defendant,"
ThompsonCoburn.com, September 16, 2020

"Small photo credit removal may result in big damages,"
ThompsonCoburn.com, September 14, 2020

"Eighth Circuit Finds Unique Fact Scenario Is "Just Enough" to Identify Libel Plaintiff,"
MLRC MediaLawLetter, August 2020

“Air ball! Court rejects shot at copyright claim for NBA player tattoos,”
ThompsonCoburn.com, April 3, 2020

“If they litigate, you can only try to mitigate statutory damages,”
ThompsonCoburn.com, February 19, 2020

“CASE Act promises fast track for small copyright claims, but is it the right track?,”
ThompsonCoburn.com, December 11, 2019

“The bell tolls for alleged copyright claim to skyline photo,”
ThompsonCoburn.com, October 31, 2019

“Appellate Court leaves open question of good faith in copyright litigation,”
ThompsonCoburn.com, June 24, 2019

“Montana court finds copyright lawsuit is all hat, no cattle,”
ThompsonCoburn.com, April 25, 2019

“Can an artist deem his own art worthy of protection?,”
ThompsonCoburn.com, March 28, 2019

“Supreme Court rules copyright claimants must begin later, get less,”
ThompsonCoburn.com, March 5, 2019

“Willie’s Creative Commons lesson: The essential attribution requirement,”
ThompsonCoburn.com, March 1, 2019

"Circuit split alert: U.S. Supreme Court to decide key copyright lawsuit precondition,"
ThompsonCoburn.com, July 3, 2018

"In infringement, sometimes the little things don’t mean a lot,"
ThompsonCoburn.com, May 21, 2018

Co-Author, "Studies discuss difficulty of combatting disinformation,"
ThompsonCoburn.com, March 28, 2018

Co-Author, "Can embedding a tweet make you a copyright infringer?,"
ThompsonCoburn.com, March 19, 2018

"Enforce your repeat infringer policy,"
ThompsonCoburn.com, February 13, 2018

"Grumpy Cat still grumpy despite big copyright verdict,"
ThompsonCoburn.com, January 31, 2018

"Fair use is never simple,"
ThompsonCoburn.com, September 26, 2017

"Is 2 seconds of television time too much to be a fair use?,"
ThompsonCoburn.com, August 22, 2017

"Update: Court finds transformative nature of alleged infringing work can’t be decided by side-by-side comparison,"
ThompsonCoburn.com, August 10, 2017

"Court holds that displaying photos requires more than making them available,"
ThompsonCoburn.com, June 27, 2017

“Fair use blocks out copyright claim over LeBron’s tattoo,”
ThompsonCoburn.com, June 1, 2017

“Third verse same as the first - Will Richard Prince’s transformation defense work yet again?,”
ThompsonCoburn.com, May 8, 2017

“Will a court recognize ‘aerosol artists’?,”
ThompsonCoburn.com, April 28, 2017

“Photographer hits retailer over photo of player hitting Joey Bats,”
ThompsonCoburn.com, March 20, 2017

Co-Author, “Copyright Office changes procedures for DMCA agent designations,”
ThompsonCoburn.com, December 9, 2016

“Trump Skittles tweet illustrates photo copyright hazards,”
ThompsonCoburn.com, October 31, 2016

Co-Author, “Street artist’s copyright infringement claims against Starbucks dismissed,”
ThompsonCoburn.com, July 21, 2016

“Fox News fair use claim for Facebook post of 9-11 image remains unresolved,”
ThompsonCoburn.com, July 7, 2016

Co-Author, “Is appropriation art ‘fair use’?,”
ThompsonCoburn.com, June 28, 2016

“Can you make an infringement claim over thumbnail images?,”
ThompsonCoburn.com, May 12, 2016

“Final really does mean final in the Federal Circuit,”
ThompsonCoburn.com, December 18, 2013

Co-Author, "Advertising Law: It's Not Your Father's First Amendment,"
The St. Louis Bar Journal, Fall 2013

Co-Author, “Missouri Recognizes Right to Deliver Unwanted Speech,”
American Bar Association Section of Litigation, First Amendment and Media Litigation Committee website, July 25, 2012

“United States: The Bar Won’t Be Lowered: U.S. Supreme Court Affirms That Clear And Convincing Evidence Is Always Required To Invalidate A U.S. Patent,”
Mondaq.com, December 13, 2011

Contributor;
Missouri Bar Media Law Handbook, 2009

Co-Author, “Third-Party Bad Faith Litigation in Missouri,”
The St. Louis Bar Journal, Fall 1999

Presentations

"Legal Risks of Online Conversations,"
Lorman Education Services, Webinar, 2021

“Five Legal Issues You Should Consider,”
Missouri Broadcasters Association, 2021 Convention, Branson, MO, August 7, 2021

"Talking About Your IP Rights,"
Thompson Coburn, Webinar, St. Louis, MO, 2020

"A Little Bit About a Few Things..."
Missouri Broadcasters Association, 2019 Convention

"Staying Legal & Credible in the Age of Misinformation,"
#MDMC19 - Midwest Digital Marketing Conference, St. Louis, MO, 2019

"Legal Background of Influencer & Social Media Marketing,"
#MDMC18 - Midwest Digital Marketing Conference, St. Louis, MO, 2018

"Federal Circuit Year in Review,"
Bar Association of Metropolitan of St. Louis, St. Louis, MO, 2018

"Legal Risks of Online Conversations,"
Lorman Education Services, Webinar, 2018

News

Mike Nepple Speaks to Law360 on 2023’s Biggest Copyright Rulings

Mike Nepple Discusses Supreme Court Trademark Case with Bloomberg Law

Mike Nepple Shares Insights on Supreme Court Case Vidal v. Elster

Thompson Coburn celebrates Women’s History Month 2023

​Mike Nepple receives F. William McCalpin Pro Bono Award ​​

Missouri broadcasters win First Amendment right to advertise alcohol prices and discounts

Missouri broadcasters win First Amendment ruling to advertise alcohol sales, discounts

Thompson Coburn again named best copyright firm in the nation

New Thompson Coburn blog In Focus covers photo copyright cases

Mike Nepple, Mark Sableman publish ABA article on cyberharassment