Ms Meaghan Kent

Meaghan Kent

Lawyer biography

Meaghan Kent is an experienced intellectual property attorney. She works with her clients to develop their intellectual property portfolios from a practical, business-minded perspective, and to license, enforce, and litigate intellectual property efficiently and productively. In particular, she focuses on working with toy and game and related entertainment companies, innovative consumer product companies, and art publishers. 

Meaghan is particularly knowledgeable and skilled in copyright law, including development of copyright portfolios, registration, enforcement strategies, licensing, clearance, fair use analysis, and litigation. She began her career defending real estate developers who were accused of copyright infringement of architectural plans and over the years has represented both plaintiffs and defendants in copyright litigation all over the country. She co-authored An Associate's Guide to the Practice of Copyright Law, first published by Oxford University Press in 2009, and now in its third edition, published by LexisNexis. 

Meaghan also regularly counsels on trademark and brand protection and litigates trademark and trade dress disputes in both federal court litigation and cancellation and opposition proceedings before the Trademark Trial and Appeal Board. She has particular experience in resolving online disputes over trademark and copyright, including online counterfeiting; cyberpiracy and domain name matters (ACPA, UDRP, URS); keyword advertising, meta tagging, and click fraud matters; Digital Millennium Copyright Act (DMCA) take-downs and counter-notifications; and publicity matters involving social media. She works with clients to develop efficient enforcement strategies to effectively monitor and abate online infringement and is proud to advise the Art Copyright Coalition and the Toy Association on such matters. 

Meaghan is also a Registered Patent Attorney, admitted to practice before the U.S. Patent and Trademark Office. She has litigated patent cases through trial and to the Court of Appeals for the Federal Circuit, as well as before the International Trade Commission (ITC).


Intellectual Property

Supreme Court weighs in on fair use and finds that Google's use of Java SE API is fair
USA | 19 April 2021

After 10 years of litigation, the Supreme Court has put an end to the copyright case of the century, Google v Oracle, ruling that Google's use of Oracle's application programming interface Java code in the development of its Android operating system is a fair use as a matter of law. In the doctrine-expanding six-to-two opinion, the court found that all four fair use factors weighed in Google's favour.

Maximising value of brands and creative works in challenging times
USA | 25 January 2021

Since the COVID-19 pandemic started, some new trends have emerged among non-profits looking to maximise their brand value. This article outlines strategies that non-profits should consider when working to maximise brand value, conduct a successful rebrand or monitor the use of copyrighted materials.

Mixed reactions as copyright owners ring in 2021 with CASE Act
USA | 18 January 2021

After years of similar pending legislation, Congress passed the Copyright Alternative in Small-Claims Enforcement (CASE) Act, buried deep in the thousands of pages of the COVID-19 relief bill. The CASE Act is being welcomed with mixed reactions, with some copyright owners excited for an alternative to federal litigation, but also concerned about the opt-out option. Similarly, others who frequently receive copyright claims view this with hesitancy.

States can invoke sovereign immunity against claims of copyright infringement
USA | 21 December 2020

The Supreme Court has unloaded its cannons on the Copyright Clarification Act, holding that Congress lacks the authority to abrogate states' immunity from copyright infringement suits. The unanimous decision found that the court's previous holding in a case rejecting the sovereign immunity abrogation clause in the nearly identical Patent Remedy Act compelled a similar result. This finding effectively eliminates copyright infringement actions against states.

APIs front and centre in age of digital interconnectivity
USA | 14 December 2020

In today's digital world, application programming interfaces (APIs) play a rapidly growing role in meeting the need for interconnectivity. As society grows increasingly reliant on remote access for work, APIs will continue to serve as an essential facilitator of business and everyday life. To that end, every business must consider how best to protect this valuable resource. This article discusses several ways in which legal issues surrounding APIs arise and how businesses can better protect their APIs.

Congress acknowledges shift towards e-commerce with bills to reduce counterfeits
USA | 05 October 2020

Congress is taking action after recognising the growing problem of counterfeit and unregulated products being sold through online marketplaces and the associated safety concerns. This article provides a high-level overview of the proliferation of counterfeits on online marketplaces and summarises three pending bipartisan bills and their stated goals.

Supreme Court denies copyrightability of Georgia code annotations
USA | 28 September 2020

A recent Supreme Court decision may seem like it boiled down to an esoteric argument over the correct interpretation of a series of cases decided in the 19th century – and it did – but the ramifications of the decision will be felt in 2020 and beyond. The court, by a slim five-to-four majority, held that the annotations in Georgia's official code are not copyrightable.

Gaming emote litigation: plaintiffs test different causes of action as battle ensues over Fortnite emotes
USA | 31 August 2020

Fortnite: Battle Royale's high level of success and popularity has inevitably also made the game an inviting target for litigation. In the past 18 months, several cases have been brought against Epic Games regarding some of the game's most popular emotes, particularly with regard to copyright infringement and right of publicity claims. These cases provide insight for gamers and game developers into potential claims that they may face and how to appropriately clear rights and avoid claims.

Fighting counterfeits at the border: Counterfeit Goods Seizure Act of 2019 would expand CBP enforcement to design patents
USA | 17 August 2020

The Counterfeit Goods Seizure Act of 2019, which a bipartisan group of senators introduced at the end of 2019, is a significant legislative effort to tackle the problem of imported counterfeit goods. The act would add design patents to US Customs and Border Protection's current IP rights enforcement mechanism for trademarks and copyrights.

Conducting your way through music licensing: common issues
USA | 13 July 2020

Absent a few limited exceptions, the use of someone else's music without their permission is an infringement on their copyright. This article sets out some fundamentals to assist in determining the type of licence that an average company would need and some potential alternatives. The bottom line when planning and budgeting for music in a project is to get the proper rights and permissions in place before pressing 'play'.