Miranda Means

Litigation

• Representing Thomson Reuters and West Publishing in a copyright and tortious interference lawsuit concerning copying of Westlaw’s content to create a competing product. Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence Inc. (D. Del.).
• Representing Delta in asserting claims against Marriott for infringement and dilution based on Marriott’s “Delta Hotels” brand of hotels. Delta Air Lines v. Marriott (N.D. Ga.).
• Representing Astronics Test Systems and its parent company in a patent, copyright, and state law lawsuit concerning aerospace test instruments, including winning an initial motion to dismiss Teradyne’s claims as improperly pleaded and lacking personal jurisdiction. Teradyne, Inc. v. Astronics Test Systems, Inc. (C.D. Cal.).
• Successfully defended prominent technology company in copyright infringement lawsuit concerning the alleged performance and distribution of sound recordings and musical works.
• Successfully defended Take-Two and other defendants in a lawsuit alleging that their WWE 2K video game infringed the plaintiff’s copyrights in tattoos she inked on WWE wrestler Randy Orton, including winning motions to dismiss concerning personal jurisdiction and the plaintiff’s lack of a copyright registration. At trial, the plaintiff requested $27.3 million, but the jury awarded only $3,700 in actual damages and none of the defendants’ profits. Alexander v. Take-Two Interactive Software, Inc. (S.D. Ill.).
• Defending 2K Games and Take-Two Interactive Software Inc. in a lawsuit alleging that they committed copyright infringement by accurately depicting tattoos inked by the plaintiff on certain NBA players in their NBA 2K video game. Hayden v. 2K Games, Inc. (N.D. Ohio).
• Defended Facebook in trademark litigation involving one of its businesses. 
• Obtained dismissal for Take-Two in a trademark lawsuit concerning use of the RWTW acronym on a video game cover depicting LeBron James, with whom the acronym is associated. Graham v. Take-Two Interactive Software, Inc. (S.D.N.Y.).
• Successfully defended leading consumer electronics and technology company in case involving issues of descriptive fair use and likelihood of confusion. Won affirmance of summary judgment on all claims before the Second Circuit. (W.D.N.Y., 2d Cir.).
• Represented Take-Two in a declaratory judgment lawsuit asserting that references to the historic Pinkerton Detective Agency in Red Dead Redemption 2, which is set in the Nineteenth Century Wild West, are protected by the First Amendment and are not trademark infringement. Take-Two Interactive Software, Inc. v. Pinkerton Consulting & Investigations, Inc. (S.D.N.Y.).
• Defended Take-Two Interactive Software, Inc. in a copyright infringement lawsuit that asserts that Take-Two’s Grand Theft Auto: Vice City video game infringes Psychic Readers Network’s infomercials and merchandise portraying Miss Cleo. Psychic Readers Network, Inc. v. Take-Two Interactive Software, Inc. (S.D. Fla.).
• Represented an international real estate brokerage and affiliate organizations in three cases in different federal and state jurisdictions alleging tortious interference arising from the hiring of commercial real estate brokers formerly employed by a bankrupt competitor.
• Represented drug and alcohol rehabilitation treatment centers and online rehabilitation directories against claims of trademark infringement and false advertising.
• 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.
• Represented Alight, Inc., formerly Aon Hewitt, in trademark infringement lawsuit involving house marks.

Transactional, Counseling, and Non-Litigation Enforcement Matters

• Representing Vista Equity Partners in trademark and other intellectual property matters, including worldwide trademark prosecution and enforcement against third parties.
• Conduct trademark clearance analysis, and prosecute and enforce trademarks, for clients for a broad range of goods and services, including pharmaceuticals, entertainment, professional athletics, consumer products, and apparel.
• Counseling entertainment creator, producer, and distributor on copyright and trademark issues involving major motion pictures.
• Advising leading interior design products company in licensing negotiations.