Joshua S. Wolkoff

Josh focuses his practice on copyright, trademark, right of publicity and licensing disputes, as well as brand protection and enforcement matters. He represents clients in state and federal courts throughout the country and in opposition and cancellation proceedings before the Trademark Trial and Appeal Board. In addition, Josh frequently advises on intellectual property issues in the context of corporate transactions, trademark prosecution and portfolio management, and intermediary liability and takedown compliance, policies and procedures on behalf of major online platforms, brands and content owners.

• Secured swift dismissal of copyright infringement suit brought against e-commerce platform entitled to safe harbor immunity under Section 512(c) of the DMCA.
• Defeated breach of contract, trade secret misappropriation, idea theft and unfair competition claims brought against leading fintech solutions provider and successfully defended decision on appeal, affirmed by Second Circuit.
• Representing information technology company in action for copyright infringement and DMCA violations against competitor arising from allegations of unauthorized use of copyrighted maps.
• 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.
• Served as co-lead trial counsel in technology cross-licensing and dispute; won favorable ruling concerning the parties’ royalty obligations and complete dismissal of all claims for monetary relief.
• 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.
• 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.
• Won summary judgment dismissing four trademark infringement claims and prevailing on affirmative breach of contract claim in technology transfer dispute.
• 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:

• 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.
• 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.
• 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.
• Defended professional sports league and member team in trademark dispute concerning team name.
• Defended preliminary injunction and ensuing litigation brought by competitor of leading 3D medical software developer, based on allegations of copyright infringement to enjoin sale of award-winning 3D medical app; settled favorably.
• Defeated copyright infringement and right of publicity claims brought by model against major stock photography agency on motion to dismiss.
• Member of litigation team defending book writer in copyright infringement lawsuit involving hit Broadway musical.

• 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)