Joshua Simmons focuses his practice on intellectual property litigation, including copyrights, patents, and trademarks. He represents privately held and publicly traded clients from various industries, including computer software, consumer products, media and entertainment — such as film, publishing, television and theatre — telecommunications, and video games.
Josh's pro bono matters include the representation of asylum seekers before the Department of Homeland Security, as well as matters for the Comic Book Legal Defense Fund and other IP-related pro bono projects.
Copyright and Trademark
Alexander v. Murdoch (S.D.N.Y./2d Cir.): Obtained dismissal and won appeal for Fox Entertainment Group, along with other defendants, in a lawsuit alleging that Fox's Modern Family television series infringes the plaintiff's copyright in his treatment and proposed pilot script, as well as other state law rights.
Taymor v. 8 Legged Productions, LLC (S.D.N.Y.): Defended the producer of the Broadway musical Spider-Man: Turn Off the Dark against copyright, breach of contract and other claims brought by the show's former director, Julie Taymor.
Tetris Holding, LLC v. Xio Interactive Inc. (D.N.J.): Won summary judgment in a copyright and trade dress lawsuit against an infringing game maker.
Fairey v. The Associated Press (S.D.N.Y.): Represented the AP and won summary judgment on the issue of fair use in a declaratory judgment suit brought by Shepard Fairey, in which the AP asserted copyright infringement claims, among others, arising out of his unauthorized use of the AP's photo of President Obama to create a poster and commercial merchandise.
Ericsson Inc. v. Samsung Electronics Co. (E.D. Tex./I.T.C.): Representing Samsung in a multipatent, multiforum litigation involving wireless telecommunications technology.
IpLearn LLC v. K12 Inc. (D. Del.): Defending K12 in a multipatent infringement action involving computer-assisted learning technology.
Memberships & AffiliationsAmerican Bar Association, Intellectual Property Law Section:
Copyright Law Reform Task Force, Chair, 2013–presentIntellectual Property Owners Association:
Copyright & Social Media Committee, Chair, 2013–present; Vice Chair, 2012–13
Specialized IP Issues Division, Secretary, 2011–12
Software & Business Methods Committee, Member, 2013–presentAssociation of the Bar of the City of New York:
Information Technology Committee: Member, 2009–2010
Law Journal Publications
Inventions Made For Hire, 2 N.Y.U. J. Intell. Prop. & Ent. Law 1 (2012)
Catwoman or the Kingpin: Potential Reasons Comic Book Publishers Do Not Enforce Their Copyrights Against Comic Book Infringers, 33 Colum. J.L. & Arts 267 (2010) (reprinted in 2010 Entm't, Publ'g and the Arts Handbook)
Buying You: The Government's Use of Fourth-Parties to Launder Data About "The People," 2009 Colum. Bus. L. Rev. 950 (2009)
Social Media in the Digital Millennium, Landslide, May–June 2013, at 26
The Digital Millennium Copyright Act and Its Effect on Copyright Owners and Service Providers Online, in Intellectual Property Law in Cyberspace (2d ed. Supp. 2012)
Promoting Progress in Social Media: Patentability & Copyrightability Issues, ABA 29th Annual Intellectual Property Law Conference (April 4, 2014)
IP Protection in a Networked World: Copyright & Trademark Enforcement in Social Media, ABA 28th Annual Intellectual Property Law Conference (April 3, 2013)
Trademark Enforcement in Social Media, State Bar of California (September 11, 2012)
Kirkland & Ellis New York Associates Committee, Member, 2012–present
Kirkland & Ellis ALLSA Diversity Initiative, Liaison to Columbia Law School Outlaws, 2011–present
Kirkland & Ellis Pro Bono Service Award, Recipient, 2010, 2011 and 2012
Kirkland & Ellis Diversity Fellowship, Recipient, 2009
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the Southern District of New York