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Results: 1-10 of 134

Likelihood of confusion too heavy to weigh at summary judgment stage

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

In vacating an award of summary judgment (based on a Lanham Act claim) to the estate of a legendary football announcer (John Facenda), the U.S. Court of Appeals for the Third Circuit held that it was not appropriate to weight the likelihood of confusion factors, which are largely fact dependent, at the summary judgment stage

The registration requirement bars claims based on unregistered copyrights

  • McDermott Will & Emery
  • -
  • USA
  • -
  • December 28 2007

The US Court of Appeals for the Second Circuit reversed the certification of a class of plaintiffs consisting of freelance authors (and the trade groups representing the authors) and subsequent approval of a settlement of these plaintiffs’ copyright infringement claims arising out of the unauthorized electronic reproduction of their works

Ninth Circuit gives copier leasor second shot at Lanham Act claims

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 29 2008

The U.S. Court of Appeals for Ninth Circuit reversed the F.R.Civ. Pro. 12(b)(1) dismissal of a complaint alleging false statements and antitrust violations, finding that the factual allegations, if taken as true, would support the Lanham Act and Sherman Act claims

KSR based renewed motion on obviousness is a winner

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 26 2009

The U.S. Court of Appeals for the Federal Circuit affirmed a district court grant of a post-KSR renewed summary judgment on obviousness (after denying a pre-KSR motion

Overbroad arbitration awards are no laughing matter

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 26 2009

The U.S. Court of Appeals for the Ninth Circuit recently vacated in part an arbitrator’s award in a dispute over a breached trademark licensing agreement, holding the arbitrator acted with manifest disregard of the law by upholding an overly restrictive covenant not to compete and acted beyond his scope of authority in issuing a permanent injunction against non-parties to the license agreement

Unlike Inspector Clouseau, Pink Panther heirs fail to stumble on favorable theory

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 30 2008

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a decision against the heirs of the man who created the Pink Panther and granted copyright ownership to Metro-Goldwyn-Mayer Pictures Inc

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

Only musical recordings eligible for copyright first sale exception

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 28 2007

Addressing for the first time the issue of whether the record rental exception to the copyright first sale doctrine applies to all sound recordings or only musical sound recordings, the U.S. Court of Appeals for the Sixth Circuit upheld the district court, holding that only musical sound recordings are subject to the exception

Experience Jimi Hendrix, post-mortem publicity rights

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 28 2014

The U.S. Court of Appeals for the Ninth Circuit, reversing a district court's ruling finding unconstitutional the provisions of the Washington

Copyright registration does not trigger the statute of limitation for a co-authorship claim

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 28 2014

Addressing for the first time the issues of cancelation of copyright registration by a court and accrual of a joint authorship claim under the