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Joshua Counts Cumby

Associate

I help clients protect what they’ve created and built, whether it’s a product, a piece of art, or their reputation. Clients say they value my understanding of intellectual property and advertising law, as well as my advocacy skills in and out of the courtroom.

Joshua Cumby advises clients on a variety of litigation and intellectual property matters. In addition to disputes involving contracts, business torts, and other complex commercial matters, Joshua helps clients with patent, trademark, and copyright issues and works diligently to protect their brands and assets. Joshua is also well versed in trade-secret and advertising law, and he works to help clients grow their businesses and protect their competitive advantage in the marketplace.

Joshua briefs and argues motions, is actively involved in discovery matters, and prepares for and participates in trial. He also briefs and argues appeals.

Joshua is dedicated to pro bono legal aid. He helped secure a new trial and new sentencing for an Alabama death-row inmate in state post-conviction proceedings. Additionally, Joshua successfully represented a group of taxpayers in a suit challenging the use of public money to fund active houses of worship under the Massachusetts constitution. Joshua has also co-authored amicus briefs in the U.S. Supreme Court on behalf of several trade associations and industry groups.

Joshua served as a law clerk for the Honorable Leonie M. Brinkema, District Judge, U.S. District Court for the Eastern District of Virginia, and the Honorable John F. Anderson, Magistrate Judge, U.S. District Court for the Eastern District of Virginia. That court is one of the fastest in the nation, and there Joshua gained valuable experience that helps his clients resolve their disputes efficiently and successfully.

Joshua is a frequent author on topics involving appellate law and the intersection of law and technology, among others. He is currently editor-in-chief of The Journal of Legal Metrics, one of the “bundle” of small journals that make up the Journal of Law, and he has written for and edited the publication since 2011. Joshua is also an adjunct professor at the George Mason University Antonin Scalia Law School, where he teaches courses on federal courts and legal writing.

Education

  • George Mason University School of Law, J.D., 2011, cum laude
  • The University of Texas at Austin, Bachelor of Music, 2001, with high honors

Bar Admissions

  • Virginia
  • District of Columbia

Court Admissions

  • United States Supreme Court
  • United States Court of Appeals for the Fourth Circuit
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Appeals for the District of Columbia Circuit
  • United States District Court for the Eastern District of Virginia
  • United States District Court for the Western District of Virginia
  • United States District Court for the District of Columbia

Acknowledgements

  • Benjamin R. Civiletti Pro Bono Lawyer of the Year Award, 2017
  • George Mason University School of Law Service Award, 2011
  • George Mason University School of Law First Year Moot Court Competition Champion, 2009

Professional Affiliations & Memberships

  • American Bar Association
  • American Intellectual Property Law Association
  • Fairfax Bar Association
  • Federal Bar Association
  • Virginia State Bar
  • Appellate Review IV: October Term 2013 – The Prodigal Sums Return, 8 JOURNAL OF LAW (5 J. LEGAL METRICS) 65 (2018).
  • Commil v. Cisco: A Return to the Status Quo, ABA LANDSLIDE (Nov. 2015) (with Meaghan Kent).
  • Appellate Review III: October Term 2012 and Counting, 4 JOURNAL OF LAW (3 J. LEGAL METRICS) 385 (2014) (with Adam Aft and Tom Cummins).
  • White Blackbirds: Defining the Exceptional Cybersquatter, 54 SANTA CLARA L. REV. 299 (2014).
  • Web 2.0 Citations in the Federal Courts, 3 JOURNAL OF LAW (2 J. LEGAL METRICS) 31 (2013) (with Adam Aft and Tom Cummins).
  • Comment, The Sixth Amendment: Version 1.0 Et. Seq.—Commas, Clauses, and the Constitution, 18 GEO. MASON L. REV. 793 (2011).
  • Brothers in Law: Justice Miller, Mister Ballinger, and the Cowdrey and Hitchcock Cases (in progress).