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Results: 11-20 of 61

Copyright registrations can be invalidated based on intentional misrepresentations of originality

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 31 2009

Addressing the inter-related issues of cyberpiracy, copyright infringement and trademark infringement, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s ruling that a website was owned by the employer but the copyright was invalid because the employer misrepresented the former employee’s contribution to that website

Statutory damages: foreign works and the U.S. live broadcast exemption

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 16 2009

In a class action led by the Football Association Premier League (FAPL) and U.S. music publishers Bourne against YouTube and its owners Google (The FAPL v YouTube Inc. (US District Court Southern District of New York)) filed on 4 May 2007, a U.S. District Court judge held that, because the FAPL did not register its broadcasts of Premier League matches with the US Copyright Office, it cannot claim statutory damages under the US Copyright Act against YouTube in respect of allegedly copyright infringing material uploaded by users to the video sharing site

Parody, political speech and bad faith

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 16 2009

In Sutherland Institute v Continuative LLC WIPO D2009-0693 (10 July 2009) sole World Intellectual Property Organization (WIPO) panellist Frederick M Abbott refused to find bad faith in the use by a group of gay activists of a domain name identical to the service mark of a "conservative think tank" on a parody site

Webcasting music services not “interactive” when users cannot directly control the songs they hear

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 28 2009

The U.S. Court of Appeals for the Second Circuit affirmed a district court judgment that an internet radio service was not an “interactive service” within the meaning of the Digital Millennium Copyright Act (DMCA) and hence was not liable for copyright infringement for failure to pay license fees

Registration requirement does not restrict a subject-matter jurisdiction over infringement claims involving unregistered works

  • McDermott Will & Emery
  • -
  • USA
  • -
  • March 31 2010

In a unanimous decision, the Supreme Court of the United States held that although the Copyright Act’s registration requirement, 17 U.S.C. 411(a), is a precondition to filing a copyright infringement claim, a copyright holder’s failure to comply with that requirement does not restrict a federal court’s subject-matter jurisdiction over infringement claims involving unregistered works

Internet specimens of use need not include pictures of the goods to show bona fide use in commerce

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

The U.S. Court of Appeals for the Federal Circuit recently reversed a Trademark Trial and Appeal Board (TTAB) decision requiring that webpage specimens of use must include a picture of the goods

A combination of non-conclusory factual allegations satisfies Twombly for a Sherman Act 1 claim and can proceed to trial

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

The U.S. Court of Appeals for the Second Circuit recently reversed a district court decision dismissing a complaint alleging the defendants conspired to fix prices of digital music in violation of the Sherman Act 1

eBay not liable for sales of counterfeit Tiffany jewelry

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

Upholding a district court’s 2008 ruling that eBay was not liable for trademark infringement based on sales of counterfeit Tiffany & Co. jewelry on eBay’s website, the U.S. Court of Appeals for the Second Circuit held that an online service provider must possess more than a general knowledge or reason to know that its service is being used to sell counterfeit goods in order to impose contributory trademark infringement liability

Counterfeits beyond Canal StreetSecond Circuit updates personal jurisdiction in the internet commerce context

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

In a victory to trademark owners battling online counterfeiters, the U.S. Court of Appeals for the Second Circuit held that the sale and shipment into New York of one counterfeit product, coupled with defendant’s interactive website selling counterfeit goods, was sufficient to establish personal jurisdiction over the defendants in the trademark owner’s home state of New York

Once legitimately registered, domain name held for ransom costs kidnapper $150k

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

Illustrating the significant recovery available to trademark owners under the Lanham Act’s Anti-Cybersquatting Consumer Protection Act (ACPA) versus the arbitration process pursuant to the Uniform Domain-Name Dispute-Resolution Policy (UDRP), the U.S. Court of Appeals for the Ninth Circuit upheld a jury’s damages verdict of over $150,000 to a trademark owner whose domain name was held for ransom by a former employee