Megan L. McKeown

Litigation

• Brantley v. Epic Games, Inc. (D. Md.): Obtained dismissal of lawsuit asserting that Epic Games violated the plaintiffs’ rights in a dance step as their state law claims were preempted by the Copyright Act, their Lanham Act claims were barred by the Dastar doctrine, and their trademark and dilution claims failed to plead the existence of a trademark.
• Pellegrino v. Epic Games, Inc. (E.D. Pa.): Represented Epic Games against a claim that Fortnite’s “Phone It In” emote violated Pellegrino’s rights in a dance movement, including winning a motion to dismiss that Pellegrino’s right of publicity claims were barred by the First Amendment, his trademark claims were preempted by the Copyright Act, and he failed to satisfy the elements of his unfair competition and unjust enrichment claims.
• Individuals v. Epic Games, Inc. and Take-Two Interactive Software, Inc. (C.D. Cal.): Defended Epic Games and Take-Two in lawsuits asserting that their video games Fortnite and NBA 2K, respectively, violate the plaintiffs’ copyright, publicity, trademark, and unfair competition rights to dance steps. After Epic and Take-Two moved to dismiss the eight initial lawsuits, each of the lawsuits was voluntarily dismissed. 
• Take-Two Interactive Software, Inc. v. Mod Menu Creators (S.D.N.Y.): Obtained preliminary and permanent injunctions, defeated motions to dismiss, and secured maximum statutory damages, and attorney’s fees in series of copyright, breach of contract, and tortious interference lawsuits involving computer programs that alter Take-Two’s Grand Theft Auto V video game, allowing users to cheat and perform unauthorized actions.
• LivePerson, Inc. v. 24/7 Customer, Inc. (N.D. Cal.): Representing LivePerson, an online messaging, marketing, and analytics technology company, in a lawsuit against 24/7 involving trade secret, copyright, breach of contract, business interference, unfair competition, and false advertising claims.
• Apollo Aviation Group, LLC et al. v. 100x, Inc. et al. (S.D. Fla.): Represented Apollo Aviation Group, an aviation investment manager, in a lawsuit against 100x involving copyright, Computer Fraud and Abuse Act, unfair competition, and federal and state trade secret misappropriation claims.
• Trademark Litigation Relating to Consumer Electronics (N.D. Cal.): Defeated a preliminary injunction on behalf of an electronics and technology company in connection with a trademark lawsuit associated with a new product release. Won summary judgment dismissal of all federal and common law trademark infringement and unfair competition claims and defeated cross motion for summary judgment.

Transactional, Counseling, and Non-Litigation Enforcement Matters

• GoodRx, Inc. Trademark Advice: Represent GoodRx in trademark enforcement and prosecution matters in the U.S. 
• Carnegie Hall Trademark Advice: Represent Carnegie Hall in trademark prosecution matters in the U.S. and various foreign countries. 
• Accenture PLC Trademark Advice: Represent Accenture in trademark enforcement and prosecution matters in the U.S. and various foreign countries.
• Global Private Equity Firm: Represented a global private equity firm in the takedown of infringing websites from the Internet.
• Higher Education Provider: Advised a higher education provider in acquiring domain names in connection with the adoption of a new trademark.