Jeremy King

Since joining Kirkland, Jeremy has been involved in the following matters:

Copyright litigation

• Ambrosetti v. Oregon Catholic Press (D. Or.): Won trial victory for music publisher Oregon Catholic Press and composer Bernadette Farrell in music copyright case involving alleged copying by Ms. Farrell’s song “Christ, Be Our Light” of plaintiff’s song “Emmanuel.” This case involved complex musicological analysis of both melody and more abstract musical elements like melodic development.
• Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence Inc. (D. Del.): Won summary judgment for Thomson Reuters and West Publishing in a copyright and tortious interference lawsuit concerning ROSS’s copying of Westlaw’s content to train its competing product’s artificial intelligence model. In the first decision in legal history, the court held that ROSS’s copying was not fair use. It also held that Thomson Reuters’ content was original and infringed by ROSS, and that West’s tortious interference claim based on violating the Westlaw anti-bot and password-sharing provisions was not preempted by the Copyright Act.
• Roadget Business Pte. Ltd v. PDD Holdings Inc. (D.D.C.): Defending PDD and Whaleco Inc. in a trade secret, copyright, trademark, false advertising, and defamation lawsuit concerning the Temu website and app, including winning a motion to dismiss Roadget’s product disparagement claim for a lack of special damages and its dilution claim for a failure to plead that the SHEIN mark is famous.
• WhaleCo Inc. v. Shein Tech. LLC (D.D.C.): Representing WhaleCo in a copyright, Digital Millennium Copyright Act misrepresentation, trade dress, unfair competition lawsuit concerning Shein’s website, app, and trade practices.
• Representing chain of dental practices in copyright dispute over copying of its website and other related claims.
• Representing Broadway composer in copyright and contract dispute against former co-writer regarding the score to a musical adaptation of a film.

Trademark litigation

• The Carnegie Hall Corporation v. Carnegie Hospitality LLC, et al. (S.D.N.Y. and T.T.A.B.): Represented Carnegie Hall in a high-profile litigation asserting trademark infringement, dilution and unfair competition claims against Carnegie Diner & Café chain that used Carnegie Hall’s trademarks, advertising materials and imagery. Won discovery disputes and ultimately negotiated settlement that protects Carnegie Hall’s trademark rights. Case was reported in The New York Times, Wall Street Journal and New York Post, among other publications.
• Delta Air Lines v. Marriott (N.D. Ga.): Represented Delta in federal trial asserting claims against Marriott for infringement and dilution based on Marriott’s “Delta Hotels” brand of hotels.
• Eli Lilly & Co. v. Premier Weight Loss of Indiana, LLC (S.D. Ind.): Representing Lilly in a trademark and false advertising lawsuit concerning PWL’s advertising and sale of non-Lilly syringes using Lilly’s MONJOURO and ZEPBOUND trademarks, as well as PWL’s retaliatory defamation counterclaim, including winning a motion to dismiss on the basis that it was true, not defamatory, that PWL was an “illegal actor” and that it “breaks apart or cracks open Lilly’s autoinjector pens.”
• Represented prominent technology company in district court appeal from a TTAB opposition proceeding refusing to register the company’s mark as generic. Won reversal of the TTAB decision.
• Eli Lilly & Co. v. Compounders (D. Az./S.D. Cal./D. Col./D.D.C./M.D. Fla./D. Haw./S.D. Ind./N.D. Ohio/S.D. Ohio/D.N.J/E.D.N.Y./N.D. Tex./S.D. Tex./W.D. Wash.): Secured permanent injunctions in multiple litigations concerning violations of the Lanham Act and state prohibitions on deceptive trade practices. The cases involve the defendants’ use of Lilly’s MOUNJARO and ZEPBOUND trademarks to market and sell their own, non-FDA approved drugs, as well as promotion of the sale of those drugs by falsely representing them to prospective customers as having the same indicia of safety, effectiveness, and quality as Lilly’s medicines. In particular, defeated motion to dismiss in which the court held that Lilly’s false advertising and trademark claims were not precluded or preempted by the Food, Drug & Cosmetic Act. Also secured a finding that using the MOUNJARO trademark for compounded products was trademark infringement, and advertising a compounded product as Mounjaro or its generic equivalent or suggesting the product is safe based on Lilly’s clinical trials was false advertising.
• Roadget Business Pte. Ltd v. PDD Holdings Inc. (D.D.C.): Defending PDD and Whaleco Inc. in a trade secret, copyright, trademark, false advertising, and defamation lawsuit concerning the Temu website and app, including winning a motion to dismiss Roadget’s product disparagement claim for a lack of special damages and its dilution claim for a failure to plead that the SHEIN mark is famous.
• WhaleCo Inc. v. Shein Tech. LLC (D.D.C.): Representing WhaleCo in a copyright, Digital Millennium Copyright Act misrepresentation, trade dress, unfair competition lawsuit concerning Shein’s website, app, and trade practices.

False Advertising Litigation

• Eli Lilly & Co. v. Premier Weight Loss of Indiana, LLC (S.D. Ind.): Representing Lilly in a trademark and false advertising lawsuit concerning PWL’s advertising and sale of non-Lilly syringes using Lilly’s MONJOURO and ZEPBOUND trademarks, as well as PWL’s retaliatory defamation counterclaim, including winning a motion to dismiss on the basis that it was true, not defamatory, that PWL was an “illegal actor” and that it “breaks apart or cracks open Lilly’s autoinjector pens.”
• Eli Lilly & Co. v. Compounders (D. Az./S.D. Cal./D. Col./D.D.C./M.D. Fla./D. Haw./S.D. Ind./N.D. Ohio/S.D. Ohio/D.N.J/E.D.N.Y./N.D. Tex./S.D. Tex./W.D. Wash.): Secured permanent injunctions in multiple litigations concerning violations of the Lanham Act and state prohibitions on deceptive trade practices. The cases involve the defendants’ use of Lilly’s MOUNJARO and ZEPBOUND trademarks to market and sell their own, non-FDA approved drugs, as well as promotion of the sale of those drugs by falsely representing them to prospective customers as having the same indicia of safety, effectiveness, and quality as Lilly’s medicines. In particular, defeated motion to dismiss in which the court held that Lilly’s false advertising and trademark claims were not precluded or preempted by the Food, Drug & Cosmetic Act. Also secured a finding that using the MOUNJARO trademark for compounded products was trademark infringement, and advertising a compounded product as Mounjaro or its generic equivalent or suggesting the product is safe based on Lilly’s clinical trials was false advertising.
• Roadget Business Pte. Ltd v. PDD Holdings Inc. (D.D.C.): Defending PDD and Whaleco Inc. in a trade secret, copyright, trademark, false advertising, and defamation lawsuit concerning the Temu website and app, including winning a motion to dismiss Roadget’s product disparagement claim for a lack of special damages and its dilution claim for a failure to plead that the SHEIN mark is famous.

Transactional and Pre-publication Clearance

• Silver Sprocket, LLC: Draft and negotiate comic book publishing contracts and conduct pre-publication clearance and fair use assessments of various works.

Prior to joining Kirkland, Jeremy was involved in the following matters:

• Advised film production company on copyright and right of publicity issues surrounding the use of generative AI trained on their own copyrighted works.
• Advised film production company on copyright and right of publicity issues surrounding software generated deepfakes.
• Advised film production company on copyright and right of publicity issues surrounding the creation and operation of subscription services involving performances by “synthespian” performers.
• Advised SaaS technology company on copyright risk and copyrightability concerns related to the use of generative AI trained exclusively on proprietary datasets.
• Represented major pain patch manufacturer in Lanham Act false advertising claims and derivative class action.
• Represented major online publisher in numerous photography-related copyright litigations.
• Represented toy manufacturer in copyright and trade dress litigation concerning STEM toys.
• Represented nutritional supplement manufacturer in trademark litigation and related Trademark Trial and Appeal Board proceeding.
• Represented well-known athletics-based charity in trademark litigation.
• Represented well-known comic strip property in worldwide copyright and trademark enforcement.
• Represented renowned local chain of pizza restaurants in trademark and trade secret litigation.
• Represented food manufacturer in trade dress dispute.
• Represented alcoholic beverage importer in trademark dispute concerning world renowned brand.
• Coordinated enforcement and takedown campaign on behalf of one of the world's largest auction houses.
• Coordinated counterfeiting and infringement takedown campaign on behalf of wedding planning client.
• Negotiated and drafted publishing contracts on behalf of publisher client.
• Performed pre-publication clearance for new animated series involving multiple celebrity likenesses.
• Performed pre-publication clearance for television adaptation of major children's toy property.
• Drafted and revised intellectual property releases and licenses on behalf of well-known supermarket chain.
• Performed IP due diligence for acquisition of well-known variety show franchises.
• Represented Broadway musician in obtaining reinstatement and reasonable accommodations after client was forced to take unpaid leave.
• Drafted successful request for reconsideration of trademark application on behalf of sports franchise.
• Drafted successful request for reconsideration of trademark application on behalf of outdoor enthusiast publication.
• Assisted celebrity wedding planner in acquisition of social media handles.

Represented LGBTQ+ community center and affiliated independent comic book publisher with copyright and publishing issues

Frequent volunteer with Volunteer Lawyers for the Arts and VLA Freelancer's Guild clinics

Represented family of Afghan orphan abducted by U.S. Marine in tortious interference with parental rights litigation

Negotiated license for Native American language dubbed versions of animated series on behalf of language preservation nonprofit