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Results: 1-10 of 124

No appeal of determination that digital movies delivered by physical media are not taxable in New York

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 23 2012

In June 2012 a New York State Division of Tax Appeals administrative law judge (ALJ) ruled in favor of a movie theatre operator represented by McDermott Will Emery on the question of whether nontaxable licenses to exhibit digital movies become taxable if the movies are delivered to the theatre on hard drives, which are physical media

Lanham Act challenges may not undermine FDA regulations

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

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a district court’s partial grant of summary judgment in a Lanham Act claim, holding that the Food, Drug, and Cosmetic Act (FDCA) and its regulations barred both the name and labeling aspects of the Lanham Act claim

Ravens’ fair use defense won’t fly

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 28 2010

The U.S. Court of Appeals for the Fourth Circuit, reversing the district court, found that the NFL’s Baltimore Ravens’ unauthorized use of its previously adjudicated infringing logo design in highlight film was not a fair use

Right of publicity v. copyright

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 30 2010

Reversing a district court’s ruling on a motion for judgment as a matter of law on preemption and standing, the U.S. Court of Appeals for the Ninth Circuit found that an adult film star had standing to assert copyright claims but his right of publicity claim was preempted by federal copyright law

Google Books is fair use and provides “significant public benefits”

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

Since 2004, the Google Books project has scanned over 20 million books and has provided digital copies of the books to participating libraries while

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

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

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

“Hot news” cannot be enjoined under misappropriation claim

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

In a case that attracted significant amici attention, the U.S. Court of Appeals for the Second Circuit, invoking the copyright law principal of preemption, vacated an injunction against an internet news service that was based on a tort claim of misappropriation

Direct licenses should be considered in determining reasonable royalty for performing rights organizations

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

The U.S. Court of Appeals for the Second Circuit held that rate courts can take into account direct license rates when determining reasonable royalties due to performing rights organizations in Broadcast Music Inc. v. DMX, Inc