
Joshua S. Wolkoff
Biography
Practice Focus
Representative Legal Matters
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Representing information technology company in action for copyright infringement and DMCA violations against competitor arising from allegations of unauthorized use of copyrighted maps.
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Advising online platforms and social media networks on DMCA notice and takedown compliance, policies and procedures and related intermediary liability issues.
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Secured early dismissal of copyright infringement claim filed against online intermediary and service provider of web design, content hosting and CRM technologies in the Central District of California arising from allegedly infringing user generated content on platform's servers.
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Secured permanent injunction on behalf of global food and beverage company in copyright and trademark infringement action against a declaratory judgment plaintiff who initially sued for non-infringement and abandonment.
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Obtained first impression ruling concerning a defendant's standing to invalidate a copyright in the absence of an affirmative claim for infringement by the plaintiff.
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Won summary judgment dismissing four trademark infringement claims and prevailing on affirmative breach of contract claim in technology transfer dispute.
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Successfully defended claims of copyright infringement brought by photographer against luxury fashion house, as a result of advertising campaign.
Prior to joining the Firm, Josh handled the following matters:
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Defeated preliminary injunction and obtained summary judgment barring claims for defamation against internet service provider and online message board under Section 230 of the Communications Decency Act.
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Obtained preliminary injunction, summary judgment and subsequent fee award on behalf of film producer against motion picture contributor in declaratory judgment action for non-infringement of copyright and sole authorship. Served as second chair in appeal, later affirmed by the Second Circuit, in important decision involving copyright co-ownership and the rights of collaborators.
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Successfully defended one of the world's largest independent press agencies and wire services against claims of direct and contributory copyright infringement, as well as violations under the DMCA.
Professional Associations and Memberships
- Copyright Society of the U.S.A.
- International Trademark Association (INTA), Young Practitioners Committee (2015-2019)
- New York City Bar Association, Trademark and Unfair Competition Committee (2014-2016)
- Media Law Resource Center (MLRC), Copyright & Trademark Committee (2014-2015)
- New York City Bar Association, Entertainment Law Committee (2011-2014)
Admissions
- U.S. Court of Appeals, Second Circuit~United States (2013)
- U.S. District Court, District of New Jersey~United States (2012)
- New York~United States (2011)
- U.S. District Court, Southern District of New York~United States (2011)
- U.S. District Court, Eastern District of New York~United States (2011)
- New Jersey~United States (2010)
Education
- Benjamin N. Cardozo School of Law (J.D.) (2010)
- Rutgers University (B.A.) (2007)
Languages
- English