Miranda Means

Litigation

• 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 on the use of copyrighted material for AI training, 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. Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence Inc. (D. Del.).
• Won a complete victory for Astronics Test Systems and its parent company in a patent, copyright, and state law lawsuit concerning aerospace test instruments. Won an initial motion to dismiss all of Teradyne’s claims as improperly pleaded and lacking personal jurisdiction; and a second motion to dismiss Teradyne’s indirect and willful patent infringement, unfair competition, and prospective economic advantage claims, as well as a motion to dismiss ATS’s parent company due to a lack of personal jurisdiction. Then, invalidated Teradyne’s automatic test equipment patent in an inter partes review proceeding. And finally, secured dismissal of Teradyne’s copyright claim on summary judgment at the district court as ATS’ copying for compatibility with pre-compiled computer programs was a fair use. The finding of fair use was affirmed on appeal. Teradyne, Inc. v. Astronics Test Systems, Inc. (C.D. Cal./P.T.A.B./9th Cir).
• Won jury trial for 2K Games and its parent company 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. After only 90 minutes, the jury found that, when LeBron James was inked, he received a license to be depicted and authorize their depiction in media. Prior to the trial, won summary judgment dismissing four tattoos due to knowing inaccuracies in the plaintiff’s copyright registrations. Hayden v. 2K Games, Inc. (N.D. Ohio).
• Defending Dow Chemical in a trade secret, copyright, and breach of contract lawsuit concerning advanced process control technology. Controlsoft, Inc. v. The Dow Chemical Co. (N.D. Ohio).
• 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.).
• 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.
• Successfully defended prominent technology company in copyright infringement lawsuit concerning the alleged performance and distribution of sound recordings and musical works.

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 clients in multiple industries on issues related to artificial intelligence policy and enforcement.