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Justin A. MacLean is a shareholder in the Intellectual Property & Technology Practice of Greenberg Traurig’s New York office. A former examiner at the United States Copyright Office, he focuses his practice on copyright and trademark litigation, enforcement, and counseling. Justin represents both rightsholders seeking to protect their brand identity and creative assets and clients defending against claims of infringement. He has handled matters in federal courts across the country involving copyright, trademark, and trade dress infringement, as well as related federal and state law claims. His clients span a range of industries, including digital media, software, apparel, and consumer products.

In non-contentious matters, Justin advises clients on copyright prosecution strategy and has implemented registration programs for companies in the apparel, consumer goods, and software sectors. He also counsels a broad range of clients, from individual authors and nonprofit publishers to leading music services and major digital media platforms, on infringement avoidance, clearance, fair use, licensing, and statutory termination rights under the Copyright Act.

In addition to his copyright and trademark work, Justin maintains an active patent litigation practice. He has been involved in all stages of patent disputes, from pre-suit diligence and preliminary injunctions through discovery, summary judgment, trial, and appeal. He also has experience in post-grant proceedings before the Patent Trial and Appeal Board. Justin regularly defends clients against infringement claims and helps them assert their own patent rights across varied technical fields.

Capabilities

Experience

  • The Sanborn Library LLC v. ERIS Information Inc. et al.: Represented a provider of environmental risk information products in lawsuit involving alleged infringement of copyrights in historical fire insurance maps, along with antitrust, false advertising, and related counterclaims. In March 2024, obtained a report and recommendation that recommended granting summary judgment in favor of ERIS on equitable estoppel grounds and dismissing the plaintiff’s claims for alleged copyright infringement and for violations of the Digital Millennium Copyright Act.
  • Crye Precision, LLC: Represented a design and engineering firm in a series of federal lawsuits asserting claims of copyright infringement, trademark infringement, counterfeiting, and patent infringement. The suits involve Crye’s acclaimed camouflage pattern, MULTICAM®, and related military apparel technology. In Crye Precision, LLC v. Concealed Carrier LLC, et al., obtained a preliminary injunction in what is believed to be the first reported application of Star Athletica, LLC v. Varsity Brands, Inc., 580 U.S. 405 (2017), to camouflage patterns.
  • Clancy v. Webb, et al.: Represented Jack Ryan Enterprises Limited and Jack Ryan Limited Partnership, entities formed by author Tom Clancy and his first wife, in a copyright ownership dispute involving rights to Mr. Clancy’s novels and characters. In February 2021, the U.S. District Court for the District of Maryland granted partial summary judgment recognizing the entities’ ownership of copyrights in several well-known novels, including Patriot Games, Clear and Present Danger, and The Sum of All Fears, as well as rights in the characters developed therein.
  • Shein Distribution Corp.: Representing a leading online retailer in multiple actions brought in New York and California involving allegations of counterfeiting, trademark infringement, and copyright infringement.
  • Represented a luxury timepiece brand in a copyright infringement action brought by a music publisher.
  • Represented a number of leading digital music service providers in multiple copyright infringement matters, including putative class actions involving alleged infringement of pre-1972 sound recordings under state law and claims brought by independent music publishers concerning compulsory licensing obligations under the Copyright Act.
  • Elementis Holdings Ltd. v. Platform Specialty Products Corp.: Represented a specialty chemicals company in a trademark infringement action. Successfully defeated the plaintiff’s motion for a preliminary injunction.
  • Pop Top Corp. v. Rakuten Kobo Inc.: Defended Rakuten Kobo in a patent infringement action in the Northern District of California concerning a method for highlighting internet documents. Secured summary judgment of non-infringement and an award of attorney’s fees. The Federal Circuit affirmed both rulings and found the plaintiff’s first appeal frivolous. Kobo subsequently added the plaintiff’s principal as a judgment debtor, which rendered him personally liable for the fee award.
  • eBay Inc.: Represented eBay in multiple patent infringement actions involving user-listed products. In Blazer v. eBay, Inc., obtained summary judgment on claims of direct, contributory, and induced infringement.
  • Intern, Office of the General Counsel, United States Copyright Office, 2008
  • Copyright Examiner, United States Copyright Office, 2002-2005

Recognition & Leadership

  • Listed, IAM magazine, "IAM Patent 1000," Litigation, 2023-2025
  • Listed, Super Lawyers magazine, New York Super Lawyers, "Rising Stars," 2013-2019
  • Member, New York State Bar Association
  • Member, Copyright Society

Credentials

Education
  • J.D., University of Michigan Law School, 2008
    • Associate editor, Michigan Law Review
    • Asian Pacific American Law Students Association
  • M.M., Johns Hopkins University, 2002
  • B.M., with highest honors, University of Michigan, 1999
Admissions
  • New York
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Federal Claims
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Western District of Texas

Related Capabilities

Intellectual Property & Technology Intellectual Property Litigation Technology Transactions Copyright Registration & Licensing Trademark & Brand Management Trade Secrets