Justin Taylor

Litigation

• Won motion to dismiss for Epic Games in the first case in U.S. legal history to consider the copyrightability of dance steps. In eight prior lawsuits, the plaintiffs asserted that Epic Games’ and Take-Two Interactive Software, Inc.’s Fortnite and NBA 2K video games, respectively, violated the plaintiffs’ copyright, publicity, and trademark rights. Hanagami v. Epic Games, Inc. (C.D. Cal.).
• Successfully defended Take-Two and other defendants in a lawsuit alleging that Take-Two’s WWE 2K video game infringed the plaintiff’s copyrights in tattoos she inked on WWE wrestler Randy Orton. 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.).
• 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.).
• 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).

Arbitration

• Representing a non-profit organization in an arbitration relating to the enforcement of a licensing agreement.

Transactional, Counseling, and Non-Litigation Enforcement Matters

• Advising clients in various industries, including hospitality, real estate, and consumer goods on trademark prosecution and trademark clearance matters.