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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

No presumption, but inference of irreparable harm permissible under Lanham Act

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 29 2015

Addressing interpretation of advertising claims when the packaging or label unambiguously defines a claim term and an inference of irreparable harm

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

In with the new: 2015 privacy, advertising and digital media predictions part II

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 14 2015

In 2015, I predict an increased focus on employees’ rights regarding their personal social media accounts. Since 2012, individual states have enacted

“Situs of the injury” for exercising personal jurisdiction over defendant for online copyright infringement is location of copyright owner

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 29 2011

In a decision favorable to copyright owners based in the state of New York, the New York State Court of Appeals held that in copyright infringement cases involving the uploading of copyrighted literary works onto the internet, the situs of the injury for purposes of determining personal jurisdiction under New York's long-arm jurisdiction statute is the location of the copyright holder and not the location of the infringing conduct

Alien v. Predator; who prevails in copyright dispute?

  • McDermott Will & Emery
  • -
  • USA
  • -
  • November 29 2012

The U.S. Court of Appeals for the Second Circuit upheld an order granting summary judgment on copyright and breach of contract claims against Alien vs. Predator film (AVP) creators, concluding that the alleged similarities between the plaintiffs’ screenplay and the film in issue were insufficient to create factual issues from which a reasonable juror could find actual copying or improper appropriation

Identical use of permissible copyrighted work privileged in collective work

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 31 2008

The U.S. Court of Appeals for the Eleventh Circuit, in a case destined to be widely cited, held that copyrighted work can be reproduced in a collective work if it is a work that collectively uses material originally published with permission it and uses the identical selection, coordination and arrangement of the work as in the original work

Federal Circuit affirms jury verdict of invalidity based on on-sale bar and public use

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 28 2012

Affirming the district court’s judgment, the U.S. Court of Appeals for the Federal Circuit cleared Facebook of allegations of patent infringement, finding that that the patent in suit was invalid under 35 U.S.C. 102(b) because the patentee’s product which embodied the patented subject matter was on sale and in public use more than one year before the filing of the patent

Is the comic book character copyright infringement saga finally over?

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 29 2015

The U.S. Court of Appeals for the Tenth Circuit affirmed the district court’s dismissal of a copyright infringement complaint by an entity that has

First Amendment protects use of third-party’s trademark in video game

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

Confirming that video games, including customizable multi-player games, qualify as expressive works entitled to First Amendment protection, a