Justin Taylor is an associate in the New York office of Kirkland & Ellis, LLP. Justin's practice focuses on litigation and counseling in copyright, trademark, internet, and advertising law.
Experience
Representative Matters
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.
Prior Experience
Hughes Hubbard & Reed, LLP
More
Thought Leadership
Seminars
“The Risks of Bias in Artificial Intelligence,” New York City Bar, February 15, 2022
“Emergence of AI As Collaborator, As Creator: An Exploration of the Intersection of AI, IP, and Security,” New York City Bar, June 10, 2020
Recognition
Top 40 Under 40, The National Black Lawyers (2022)
Memberships & Affiliations
New York City Bar, Council on Intellectual Property
Credentials
Admissions & Qualifications
2020New York
Courts
United States Court of Appeals for the Federal Circuit
United States District Court for the Eastern District of New York
United States District Court for the Southern District of New York
Education
Loyola University Chicago School of LawJ.D.2019
In-House Director, Moot Court Board
President, Intellectual Property Law Society
Member, Saul Lefkowitz Moot Court Competition Team