They are phenomenal at copyright. - Chambers USA, 2021
Our lawyers have been engaged in some of the most important fair use cases of the last decade and are deeply involved in the questions of copyrightability and the scope of copyright protection in software. Our lawyers have a wealth of experience in handling high-profile matters involving copyright law, and were centrally involved in myriad ground-breaking circuit court cases such as Fox v. TVEyes (copyright fair use), Rentmeester v. Nike (copyright substantial similarity) and Oracle v. Google (copyrightability of software), and high-profile district court victories such as Warner Bros. and Rowling v. RDR Books (copyright/fair use) and Shepard Fairey v. Associated Press (copyright fair use).
Kirkland provides a one-stop shop for all copyright, trademark, internet and social media, and false advertising needs, and we manage these practices as an integrated whole. For more information, please see our Copyright, Trademark, Internet & Advertising (CTIA) brochure.
Association of American Publishers
TriZetto and Cognizant
Kirkland represented TriZetto and Cognizant in litigation adverse to Syntel involving healthcare software systems. Syntel alleged trade secret misappropriation, breach of contract, and unfair competition, while TriZetto countered with allegations of trade secret misappropriation, copyright infringement and breach of contract.
In October 2020, Kirkland secured a complete jury verdict in favor of TriZetto which included an award of $855 million in damages. Specifically, the jury found that Syntel misappropriated trade secrets and infringed copyrights, while TriZetto did not misappropriate trade secrets and did not breach an agreement. In May 2023, the Second Circuit affirmed liability.
Kirkland represents Take-Two’s video game brands, Rockstar, 2K, Private Division and Zynga. For example, Kirkland litigated a series of lawsuits against the creators of computer programs that allow users to alter Take-Two’s video game Grand Theft Auto V without authorization, permitting them to cheat and to “grief” other players. In 2018, Kirkland won a first-of-its-kind, precedent-setting injunction, holding that, because the mod menus alter Take-Two’s program without authorization, they create derivative works and that, because the use of mod menus violates the conditions on Take-Two’s license to play GTAV, continuing to play the game having violated the terms is a copyright infringement for that reason as well.
Kirkland also won summary judgment on the bases of de minimis use, fair use, and license in a lawsuit alleging that Take-Two and its 2K subsidiary committed copyright infringement by accurately depicting NBA players, along with their tattoos, in their NBA 2K video game.
The Associated Press
Tier 1 for Copyright
The Legal 500 United States, 2017–2023
Tier 1 for Copyright
IP Stars, 2013–2023
National Tier 1 Copyright Practice
Chambers USA, 2022–2023