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Results: 1-10 of 113

Posting information on MySpace a “publication” regardless of number of viewers

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • December 18 2009

The Minnesota Court of Appeals held that the posting of information on a MySpace.com page, which was viewable by anyone with an Internet connection, constituted dissemination of information to the public even if only a few people actually saw it

George Clinton’s use of “dog” and panting in song is copyrightable subject matter

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • November 20 2009

Bridgeport Music, Inc. (“Bridgeport”), owner of the publishing rights to George Clinton’s best-known work, “Atomic Dog,” sued UMG Recordings Inc. (“UMG”) for copyright infringement

A courts inherent power to award attorney's fees should be reserved for cases in which the conduct of the party or an attorney is egregious and no other basis for sanctions exists

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • May 5 2010

Following a jurys finding of infringement, the district court granted defendants' motion for judgment as a matter of law (“JMOL”) on non-infringement and granted defendants' petition seeking attorneys fees and expenses

No injunction right of publicityLanham Act claim re use of Fred Astaire's name in tribute

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • June 16 2010

Robyn Astaire, the widow Fred Astaire, sued her stepdaughter, Phyllis Astaire McKenzie, to enjoin her from presenting the "Fred and Adele Astaire Awards."

Site vicariously liable for infringing content created by its Web developer

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • December 18 2009

A janitorial supply corporation, Master Maintenance, hired a third-party Web developer, West Central Ohio Internet Link, Ltd., to redesign its Web site

DMCA "safe harbor" protection upheld for YouTube notwithstanding generalized knowledge of infringement

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • June 29 2010

A United States District Court for the Southern District of New York recently found that YouTube was entitled to "safe harbor" protection under the Digital Millennium Copyright Act (DMCA) against all of Viacom's direct and secondary copyright infringement claims

No “prudential reasons” or perceived increases in efficiency can trump the lack of a case or controversy brought about by a covenant not to sue that extinguishes all current and future claims

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • June 2 2010

The alleged infringer brought a declaratory judgment action alleging invalidity and non-infringement of two patents

In determining patent term extensions under 35 U.S.C. 156, the statutory term “active ingredient” means the product, not the active moiety of the product, that is present in the approved drug

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • May 18 2010

The patentee owned a patent to a chemical compound MAL hydrochloride (“MAL”), which was patented and received FDA approval to treat precancerous cell growths on the skin