Overview

Joshua is a ‘tremendous asset’ who combines ‘elite legal acumen with a unique understanding of the process of creating entertainment.’ - World Trademark Review

Recognized as a “Next Generation Lawyer” (Legal 500), Joshua Simmons focuses his practice on appellate and trial court litigation and counseling, as well as regulatory and legislative policy. This “exceptional” (Chambers), “Top Attorney” (Law360), and “big-picture thought leader” (WTR) litigates copyright, patent, right of publicity, trademark, and trade secret cases—particularly complex cases and those of first impression—along with contract, licensing, and domain name disputes. He also advises on IP matters that intersect with antitrust, fraud, false advertising, privacy, and social media.

Josh routinely is recognized for his high-profile intellectual property, media, entertainment, and technology representations. Chambers and Partners ranked Josh for his copyright, trademark, and trade secret practices, describing his “notable expertise in advising entertainment and technology sector clients” and reporting client comments that “he is completely on top of cases at all times,” “knows exactly what is happening,” and “has a 360 degree view of the entire litigation.” World Trademark Review ranked him for trademark enforcement and litigation, with clients attesting to him being a “tremendous asset” who combines “elite legal acumen with a unique understanding of the process of creating entertainment.” Legal 500 recognized Josh for his copyright, trademark litigation, trade secrets, and media and entertainment practices. Best Lawyers in America selected Josh for his work in copyright law. Law360 and Super Lawyers named Josh a “Rising Star” in media and entertainment and intellectual property litigation, respectively. And Josh was part of the Kirkland team Managing Intellectual Property honored for “Milestone Case of the Year” Oracle v. Google.

In addition to maintaining a full-time litigation practice, Josh is a frequent speaker and has authored numerous articles on emerging trends in intellectual property. He also is an active member of the intellectual property bar:

  • At the ABA Intellectual Property Law Section, he chairs its Copyright Law Reform Task Force, serves on its governing Council, and is a Council Liaison to its Copyright Division.
  • He is Vice Chair of the Intellectual Property Owners Association’s Software Related Inventions Committee, and its liaison to the American Law Institute’s Restatement of the Law, Copyright project.
  • He chairs the Copyright Society’s Media Library Committee.
  • He is a member of the Board of Advisors to Columbia Law School’s Kernochan Center for Law, Media and the Arts.

Josh’s pro bono includes representing asylum seekers before the Department of Homeland Security, as well as IP-related matters for the American Theatre Wing, Comic Book Legal Defense Fund, Fashion Law Institute, and others.

More

Thought Leadership

Book Chapters

Digital Millennium Copyright Act: 20 Years Later, in Intellectual Property Law in Cyberspace (3d ed., 2017; 3d ed. Supp. 2018)

Copyright, in Successful Partnering Between Inside & Outside Counsel (Robert L. Haig ed., 2016)

The Digital Millennium Copyright Act and Its Effect on Copyright Owners and Service Providers Online, in Intellectual Property Law in Cyberspace (2d ed. Supps. 2012–16)

Law Journal Publications

The 5 Ws of Merger, Forthcoming Colum. J.L. & Arts

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)

Other Publications

Resolving Patent Disputes, Financier Worldwide, Aug. 2019, at 31

On the Road to a Modern Copyright System, Landslide, Mar./Apr. 2019, at 5

2018 Copyright Developments, ABA Copyright Division

Split Personality: Constructing a Coherent Right of Publicity Statute, Landslide, May/Jun. 2018, at 37

‘Substantial Similarity’: A New Approach to Dismissing Implied-in-Fact Contract Claims?, N.Y.L.J., Mar. 23, 2018

2017 Copyright Developments, ABA Copyright Division

Software IP—It’s Not Just For Tech Cos. Anymore, Law360, Aug. 3, 2017

Contentious Construction: Does Language Fit into Copyright’s Mold?, Landslide, July/August 2017, at 44

Searching for Web Crawling’s Legal Boundaries, N.Y.L.J., May 22, 2017

2016 Copyright Developments, ABA Copyright Division

The Next Great Copyright Office, Landslide, July/August 2015, at 22

2014 Social Media in the News, ABA Copyright & Social Media Committee

2013 Social Media in the News, ABA Copyright & Social Media Committee

Social Media in the Digital Millennium, Landslide, May–June 2013, at 26

Seminars

Scope of Copyright Protection, Kernochan Symposium 2019: Exploring Copyrightability and Scope of Protection (Oct. 4, 2019)

Enforcing Copyrights, Fundamentals of Copyright Law in the Data Era 2019 (June 27, 2019)

Leveling Up in Video Game Copyright, Copyright Society of the USA (May 31, 2019)

Software Trademarks: Open or Proprietary, 141st INTA Annual Meeting (May 21, 2019)

Mid-Year in Review, AIPLA 2019 Spring Meeting (May 17, 2019)

The More You Know: U.S. Intellectual Property Protection for Data, 26th Annual Technology & Law Seminar (May 15, 2019)

Stranger Danger: Protecting brand Owners from Potential Liability from Influencers and Customer Reviews, 26th Annual Technology & Law Seminar (May 15, 2019)

Taking Copyright a (Dance) Step Too Far, 27th Annual Intellectual Property Law & Policy Conference (Apr. 26, 2019)

Google v. Oracle, 27th Annual Intellectual Property Law & Policy Conference (Apr. 25, 2019)

Secondary Liability and the DMCA, 34th Annual Intellectual Property Law Conference (Apr. 19, 2018)

Demystifying Software Copyrights, Advanced Copyright Law 2019: Current Issues (Mar. 14, 2019)

It’s Not the Principle, It’s the Money: IP Remedies, 2019 Copyright, Trademark, Internet & Advertising Symposium (Feb. 5, 2019)

Living on the Edge: Software and Emerging Technologies, 2019 Copyright, Trademark, Internet & Advertising Symposium (Jan. 24, 2019)

Transforming the Law: Fair Use for the In-House Lawyer, 2019 Copyright, Trademark, Internet & Advertising Symposium (Jan. 24, 2019)

Copyright Liability for Online Service Providers, 2019 Copyright & Technology Conference (Jan. 16, 2019)

Raiders of the Lost Act: An Adventure into Dark Corners of the Copyright Act, Copyright Society of the USA (Oct. 30, 2018)

Protecting Software in the Pharmaceutical and Health Care Industries, 46th IPO Annual Meeting (Sept. 24, 2018)

Famous and Furious: Beer, Video Games, and Fantasy Sports vs. Celebrity Likeness, ABA Webinar (Aug. 29, 2018)

Thinking About Your Copyrights: Enforcement & Defense, Fundamentals of Copyright Law in the Data Era (June 28, 2018)

Celebrity Name and Likeness Rights: Publicity, Personality, Privacy, or Confusion?, 140th INTA Annual Meeting (May 23, 2018)

Embedding and Framing and Linking, Oh My! Social Media Risks and Strategies, 25th Annual Technology & Law Seminar (May 15, 2018)

The Right of Publicity, 33rd Annual Intellectual Property Law Conference (Apr. 19, 2018)

Watching the Fair Use Pendulum Swing, 26th Annual Intellectual Property Law & Policy Conference (Apr. 6, 2018)

U.S. Copyright Potpourri, 26th Annual Intellectual Property Law & Policy Conference (Apr. 6, 2018)

Substantial Similarity: Do We Know It When We See It?, Advanced Copyright Law 2018: Current Issues (Mar. 15, 2018)

Alice Doesn’t Live Here Anymore: Software Protection in the Post-Alice Era, 2018 Copyright & Technology Conference (Jan. 16, 2018)

Speak Softly and Use the Right Stick: The Future of IP Protection for Software, IP West 2017 (Oct. 12, 2017)

Crying Wolf or Is Open Source Risk Real: Some Recent Trends and Cases, 2017 Open Source Seminar (June 7, 2017)

Taming the Unruly: Protecting Software Using Different IP Disciplines, 24th Annual Technology & Law Seminar (May 31, 2017)

Resolving Technology and IP Disputes with Online Dispute Resolution Technology, 19th Annual Dispute Resolution Conference (Apr. 21, 2017)

Fair Use After Google Books, Advanced Copyright Law 2017: Current Issues (Mar. 16, 2017)

“You Stole My Idea!” “Who Are You?”: Recent Idea Submission Developments, 2017 Copyright, Trademark, Internet & Advertising Symposium (Jan. 31, 2017)

Fair Weather Friends: Nominative Fair Use and Comparative Advertising, 2017 Copyright, Trademark, Internet & Advertising Symposium (Jan. 24, 2017)

Building on the Shoulders of Giants or Stealing Their Gold: When Does Copying from Software Competitors Go Too Far?, 2017 Copyright, Trademark, Internet & Advertising Symposium (Jan. 18, 2017)

Life of a Social Media Campaign: Concerns and Best Practices, 2017 Copyright, Trademark, Internet & Advertising Symposium (Jan. 18, 2017)

Part of the Team: Trademark & Copyright Contributory Infringement, 2017 Copyright, Trademark, Internet & Advertising Symposium (Jan. 18, 2017)

The Copyrightability of Constructed Languages, Copyright Society of the USA (Dec. 16, 2016)

Viral Videos, 24th Annual Fordham Intellectual Property, Media & Entertainment Law Journal Symposium (Sept. 30, 2016)

How Many “Likes” Can You Get? Navigating Advertising Rules & Regulations in the World of Social Media, 2016 Advertising Law Seminar (Sept. 13, 2016)

Using Social Media and Internet-Based Content: What You Don’t Know Can Hurt You!, 23rd Annual Technology & Law Seminar (May 18, 2016)

Law & Innovation: Web Crawling and Scraping, ABA 31st Annual Intell. Prop. Law Conference (Apr. 7, 2016)

Copyright in Computer Programs: A Sea Change or Business As Usual?, 24th Annual Intellectual Property Law & Policy Conference (Apr. 1, 2016)

Copyright Office: Past, Present, Future, Advanced Copyright Law Annual Review 2016 (March 23, 2016)

Double the Opportunity: Patent and Copyright Protection for Software After Alice and Oracle, 43rd IPO Annual Meeting (Sept. 28, 2015)

Global Trademark Portfolio Management in 2015, Intellectual Property Institute, National LGBT Bar Association's 2015 Lavender Law Conference (Aug. 7, 2015)

Fair Use: Which Factors Count in Different Circuits?, IPCENTRAL at the ABA Annual Meeting (July 31, 2015)

New Cases in Copyright Law — Internet and Beyond, Fundamentals of Copyright Law in the Data Era 2015 (June 25, 2015)

Avoiding Legal and Ethical Social Media Pitfalls, 22nd Annual Technology & Law Seminar (May 20, 2015)

From Big Screen to Computer Screen, Columbia Law School Entertainment, Arts and Sports Law Society's Spring Symposium (Apr. 17, 2015)

A Year in Review of Significant Social Media Related Cases, ABA 30th Annual Intellectual Property Law Conference (Mar. 27, 2015)

IP Assets: Obtain and Protect, National LGBT Bar Association's 2014 Lavender Law Conference (Aug. 23, 2014)

An Update on Software Copyright Protection After the Landmark Oracle v. Google Decision, ABA Section of Intellectual Property Law (Aug. 14, 2014)

Where are We and Where are We Headed? U.S. Copyright Review, IPCENTRAL at the ABA Annual Meeting (Aug. 7, 2014)

Promoting Progress in Social Media: Patentability & Copyrightability Issues, ABA 29th Annual Intellectual Property Law Conference (Apr. 4, 2014)

IP Protection in a Networked World: Copyright & Trademark Enforcement in Social Media, ABA 28th Annual Intellectual Property Law Conference (Apr. 3, 2013)

Trademark Enforcement in Social Media, State Bar of California (Sept. 11, 2012)

The FCC's Recently Proposed Network Neutrality Rules, NYC Bar Association's Information Technology Law Committee (Oct. 27, 2009)

Recognition

Chambers and Partners

Intellectual Property: Trademark, Copyright & Trade Secrets – New York, “Up and Coming,” 2019

Law360

Media & Entertainment “Rising Star,” 2018

Legal 500

“Next Generation Lawyer,” 2017–19
Copyright, 2018
Media & Entertainment, 2017–19
Trademarks: Litigation, 2018–19
Trade Secrets, 2017–19

World Trademark Review

Enforcement & Litigation, 2019

Super Lawyers Magazine

“Rising Star,” 2014–19
Intellectual Property Litigation, 2014–19

American Bar Foundation

Fellow, 2017–present

Immigration Equality

Safe Haven Award, 2012, 2014

Kirkland & Ellis Distinctions

Firmwide Diversity & Inclusion Committee
Member, 2019–present

Firmwide IP Training Advisory Committee
Member, 2018–present

New York Summer Program Committee
Member, 2019–present

New York Mentoring Committee
Member, 2013–present

New York Advisory Group on IT
Member, 2015–present

New York Recruiting Committee
Member, 2015–2019

Pro Bono Service Award
Recipient, Each year 2010–18

ALLSA Diversity Initiative
Liaison to Columbia Law School Outlaws, 2011–17
Liaison to Yale Law School OutLaws, 2014–15

New York Associates Committee
Member, 2012–16

Diversity Fellowship
Recipient, 2009

Memberships & Affiliations

American Bar Association, Intellectual Property Law Section

Council, Member and Liaison to Copyright Division, 2017–present

Copyright Law Reform Task Force, Chair, 2013–present

Nominating Committee, Member, 2017–18

Copyright Division, Chair, 2016–2017; Vice Chair, 2015–16

Copyright & Social Media Committee, Chair, 2013–15; Vice Chair, 2012–13

Specialized IP Issues Division, Secretary, 2011–12

Intellectual Property Owners Association

Software Related Inventions Committee, Vice Chair, 2018–present; Member, 2016–2017

2019 IPO Annual Meeting Program Committee, Member, 2019

Software & Business Methods Committee, Member, 2013–15

American Law Institute

Restatement of the Law, Copyright Project, IPO Liaison, 2018–present

Copyright Society of the USA

Media Library Committee, Chair, 2017–present 

New York Chapter Planning Committee, Member, 2015–present

Advisory Board, Member, 2017–2018

International Trademark Association

Internet Committee, Member, 2018–present; Member, 2016–17

Columbia Law School’s Kernochan Center for Law, Media and the Arts

Board of Advisors, Member, 2018–present

National Conference of Commissioners on Uniform State Laws

Right of Publicity Study Committee, ABA Adviser, 2017–18

Association of the Bar of the City of New York

Information Technology Law Committee, Member, 2009–10

York Theatre Company

Board of Directors, Member, 2016–2018

Credentials

Admissions & Qualifications

  • 2011New York

Courts

  • Supreme Court of the United States
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Federal Circuit
  • United States District Court for the Central District of California (pro hac vice)
  • United States District Court for the Northern District of California (pro hac vice)
  • United States District Court for the Middle District of Florida (pro hac vice)
  • United States District Court for the Southern District of Florida (pro hac vice)
  • United States District Court for the Northern District of Illinois (pro hac vice)
  • United States District Court for the Southern District of Illinois (pro hac vice)
  • United States District Court for the District of Massachusetts (pro hac vice)
  • United States District Court for the Southern District of New York
  • United States District Court for the Northern District of New York
  • United States District Court for the Northern District of Ohio (pro hac vice)

Education

  • Columbia Law SchoolJ.D.2010

    Carroll G. Harper Prize (achievement in intellectual property)

    Harlan Fiske Stone Scholar

    Executive Editor, Columbia Business Law Review

  • Brandeis UniversityB.A., Politics; Computer Science Minor2006

Press Coverage

Publishers Fight Audible's Bid To Nix Suit Over Text Captions, Law360, Sept. 23, 2019

Publishing Giants Sue Audible Over Text Captions, Law360, Aug. 23, 2019

Fortnite Creator Wants 'Running Man' Dance Suit Tossed, Law360, May 31, 2019

Grand Theft Auto Cheater Admits Infringement, Will Pay, Law360, Apr. 5, 2019

Battle erupts over rights to the stage version of 'To Kill a Mockingbird‘, Crain’s, Feb. 26, 2019

'Fortnite' Suit Dance Refused By Copyright Office, Law360, Feb. 14, 2019

'Fortnite' Hits Back In IP Suit: 'No One Can Own A Dance Step‘, Law360, Feb. 12, 2019

TVEyes, Fox News End Copyright Case With Settlement, Law360, Jan. 22, 2019

Oracle, Rimini Spar At High Court Over Copyright Costs, Law360, Jan. 14, 2019

Take-Two Sues After 'Red Dead' Threatened With TM Suit, Law360, Jan. 14, 2019

Feds OK’d To Argue In Oracle, Rimini Copyright Costs Row, Law360, Jan. 4, 2019

Alito Unrecuses Self From Oracle, Rimini Copyright Costs Row, Law360, Jan. 3, 2018

Ruling on dental photographs takes a bite out of copyright protections, ABA Journal, Dec. 2018

Fox News Tells Supreme Court to Reject TVEyes Petition, The Hollywood Reporter, Oct. 25, 2018

Take-Two Again Blasts IP Suit Over Tattoo In WWE Game, Law360, Oct. 24, 2018

Joshua Simmons Named “Rising Star” in Intellectual Property Law, Comic Book Legal Defense Fund, Sept. 4, 2018

ABA Urges High Court To Allow 'Speedier' Copyright Suits, Law360, Sept. 4, 2018

Google Vows Supreme Court Trip In Oracle Copyright Fight, Law360, Aug. 28, 2018

'Grand Theft Auto' Cheater Barred From Selling Cheats, Law360, Aug. 16, 2018

Rising Star: Kirkland’s Joshua Simmons, Law360, Aug. 15, 2018

Law360 Names Top Attorneys Under 40, Law360, July 29, 2018

WWE Wants Out Of Tattoo Artist's 'Vague' Copyright Suit, Law360, July 10, 2018

2nd Circ. Won't Rehear TVEyes Fair Use Case, Law360, May 15, 2018

Fed. Circ. Revives Oracle's Billion-Dollar Copyright Case Against Google, Law360, Mar. 27, 2018

We Asked 7 Lawyers to Untangle the Broadway Fight Over ‘To Kill a Mockingbird’, N.Y. Times, Mar. 23, 2018

Siding With Fox, 2nd Circ. Says TVEyes Is Not Fair Use, Law360, Feb. 27, 2018

NBA 2K Moves To Kill 'Troubling' Tattoo Copyright Suit, Law360, Aug. 10, 2017

Oracle Says Trial Judge 'Undermined' Google Copyright Case, Law360, Feb. 10, 2017

ABA-IPL Section Nominating Committee announces nominees for 2017-2018 ABA year, ABA-IPL eNews, December 2016

Episode 6A: Symposium – Viral Videos Panel, Fordham IPLJ Podcast, Oct. 25, 2016

IBM Sues Startup For Allegedly Stealing Software Code, Law360, Oct. 12, 2016

Fox News Doubles Down Against TVEyes in Fair Use Case, Law360, Sept. 2, 2016

Tattoo Co. Loses Some Damages Claims Over 'NBA 2K' Games, Law360, Aug. 2, 2016

Prof Urges 9th Circ. To Nix Ore. Immunity In Oracle IP Suit, Law360, July 19, 2016

TVEyes’ Service Is Unfair To Broadcasters, 2nd Circ. Told, Law360, June 28, 2016

CNN Says TVEyes More Like Meltwater Than Google Books, Law360, June 24, 2016

Media Giants Press 2nd Circ. To Shutter TVEyes, Law360, June 22, 2016

Fox News Says TVEyes Is 'Nothing Like Google Books,‘ Law360, June 17, 2016

'NBA 2K' Makers Say Tattoo Co. Not Entitled To Damages, Law360, May 31, 2016

'NBA 2K' Videogame Maker Fights Lawsuit Over Copyrighted Tattoos, The Hollywood Reporter, May 13, 2016

'NBA 2K' Makers Say In-Game Tattoos Predate IP Registration, Law360, Apr. 19, 2016

ITC Judge Spells Out 'Close' Converse Trademark Win, Law360, Dec. 21, 2015

Fox News, TVEyes Take Copyright Case to 2nd Circ., Law360, Dec. 1, 2015

Legal Department of the Year, Litigation: Oracle Corp., The Recorder, Nov. 11, 2015

TVEyes Judge Shuts Down Infringing Features, Law360, Nov. 9, 2015

Panelists Discuss Software Protection in Post-Alice, Post-Oracle World, IPO Daily News, Sept. 29, 2015

TVEyes Downloads Aren't Fair Use, Judge Says, Law360, Aug. 25, 2015

IPO Annual Meeting Addresses Patent and Copyright Protection for Software After Alice and Oracle, IPO Daily News, Aug. 18, 2015

High Court Won't Hear Google Appeal Over Oracle Copyrights, Law360, June 29, 2015

SG Tells High Court It Backs Oracle In IP Row With Google, Law360, May 26, 2015

#IPLSpring CLE Review: A Year in Review of Significant Social Media Related Cases, ABA-IPL Law Student Action Group, Apr, 24, 2015

UK Prosecution Spotlights Dangers For Manga Readers, Comic Book Legal Defense Fund, Oct. 29, 2014

Bath & Body, Summit Put A Stake In $300M 'Twilight' IP Row, Law360, Sept. 23, 2014

Fox News Hits TVEyes With Suit Over Copied Content, Law360, July 30, 2014

'Spider-Man' Producers End Copyright Battle With Taymor, Law360, Apr. 10, 2013

Oracle Court's Java Ruling Will Hurt Innovation: Microsoft, Law360, Feb. 20, 2013

Oracle Urges Fed. Circ. To Toss Google's Java Copyright Win, Law360, Feb. 12, 2013

2nd Circ. Affirms Toss Of 'Modern Family' Idea Theft Suit, Law360, Nov. 14, 2012

Julie Taymor, 'Spider-Man' Producers File Dueling Motions to Dismiss Lawsuits, The Hollywood Reporter, Mar. 22, 2012

Comic books, not law books, N.Y. Post, Mar. 22, 2012

'Spider-Man' Producers Strike Back At Ex-Director Taymor, Law360, Jan. 17, 2012

Don't Akanoc it if you… oh, never mind…, Likelihood of Confusion, Sept. 13, 2011

'Modern Family' Didn't Rip Off Writer's Pilot: Judge, Law360, July 18, 2011

California's Reader Privacy Act: A First Step in a New Direction, Tech. & Marketing L. Blog, May 2, 2011

Comics and Copyright, Entm't & Media L. Signal, Mar. 14, 2011

Supreme Court to Hear Case on Copyright vs. the First Amendment, Comic Book Legal Defense Fund, Mar. 14, 2011

US gov't data-laundering: using corporate databases to get around privacy..., Boing Boing, Jan. 25, 2010