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Results: 1-10 of 162

Once and for all, the Pooh belongs to Disney

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 31 2013

The U.S. Court of Appeals for the Federal Circuit upheld the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board's (the Board

Alleged breach of implied-in-fact contract for use of a television show idea not preempted by Copyright Act

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 31 2012

In vacating a district court’s grant of a motion to dismiss a breach of contract action against a television studio, the U.S. Court of Appeals for the Second Circuit held that the Copyright Act does not preempt a breach of an implied-in-fact contract that included a promise to pay for an idea

Non-direct competitors may sue under the Lanham Act, doctrine of prudential standing eliminated

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 30 2014

The Supreme Court of the United States has held that the right to bring false advertising claims under the Lanham Act is not limited to direct

Lanham Act attorneys’ fees awarded in the absence of damages

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 31 2011

The U.S. Court of Appeals for the Ninth Circuit held that even in the absence of an award of damages on a Lanham Act false advertising claim, a party can recover attorneys’ fees after obtaining an injunction that confers substantial benefit to the public

Touchdown for video game producer over football players false endorsement claim

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 29 2013

Revisiting the issue of how trademark and similar rights under the Lanham Act are balanced against First Amendment rights, the U.S. Court of Appeals

A warehouse full of unapproved genetically-modified seeds; now what?

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 1 2014

The U.S. Court of Appeals for the Eighth Circuit addressed allegations of breach and false advertising against an agricultural product storage and

Judge Posner orders Sherlock Holmes estate to pay attorneys’ fees for “form of extortion”

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 1 2014

In another scathing opinion against the Sherlock Holmes estate, Judge Richard A. Posner ordered the estate to pay attorneys’ fees for bringing

It’s the words, not the ideas, that are copyrightable

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 29 2013

The U.S. Court of Appeals for the Seventh Circuit dismissed a lawsuit claiming that Elton John and his songwriter partner Bernie Taupin had

To track or not to track

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 21 2013

Digital advertising based on tracking users' interests and related privacy concerns have been the subject of many recent news articles. What does

Collecting and selling data mined from social media sites covered by FCRA

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 25 2012

On June 12, 2012, the Federal Trade Commission (FTC) announced a settlement with Spokeo, Inc., a data broker that compiles and sells detailed information profiles on consumers, in connection with claims that Spokeo violated the Fair Credit Reporting Act (FCRA) and the FTC’s Endorsement Guidelines