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Supreme Court to decide if first sale doctrine permits importation of foreign-made copyrighted works without authorization
- McDermott Will & Emery
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- USA
- -
- April 27 2012
The “first sale doctrine” in copyright law permits the owner of a lawfully made copy of a copyrighted work to sell or dispose of that copy as it sees fit
Sony is the new “King of the Road”
- McDermott Will & Emery
- -
- USA
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- March 30 2012
Considering whether musician Roger Miller’s widow or a music publishing company owned his music catalog, including the hit song “King of the Road,” the U.S. Court of Appeals for the Sixth Circuit reversed a lower court’s decision that found the publishing company liable for copyright infringement thereby vacating an award of almost $1 million in damages
“Caught Up” not substantially similar to “caught Up”
- McDermott Will & Emery
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- USA
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- February 29 2012
Assessing whether two songs titled “Caught Up” possessed enough similarities to survive a motion to dismiss, the U.S. Court of Appeals for the Second Circuit held that they were not in that the songs were lyrically and musically distinct
Second Circuit revives copyright infringement suit against non-resident for uploading copyrighted material online
- McDermott Will & Emery
- -
- USA
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- June 30 2011
Employing the standard set out by the New York Court of Appeals in internet copyright infringement cases, the U.S. Court of Appeals for the Second Circuit has revived a copyright infringement suit brought by a New York resident against a non-resident based upon defendant’s alleged uploading of copyrighted materials onto the internet
False advertising injunction upheld; it’s all good and good for you
- McDermott Will & Emery
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- USA
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- May 28 2011
In a case involving nutritional claims associated with baby formula, the U.S. Court of Appeals for the Fourth Circuit upheld a $13.5 million jury verdict won by a generic baby formula producer and permanent injunction for false advertising against its longtime legal foe, brand name baby formula producer Mead Johnson
Idea submission case involving “ghost hunters” television series not preempted by copyright law
- McDermott Will & Emery
- -
- USA
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- May 28 2011
In a 7-4 decision, the U.S. Court of Appeals for the Ninth Circuit held, en banc, that a writer sufficiently stated an implied contract claim, not preempted by copyright law, where a plaintiff alleged a bilateral expectation that the plaintiff would be compensated by defendant for use of plaintiff’s idea
No standing if plaintiff’s exclusive rights were limited in time
- McDermott Will & Emery
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- India, USA
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- April 29 2011
Evaluating ownership of a sound recording under both the Indian Copyright Act and U.S. Copyright Act, the U.S. Court of Appeals for the Eleventh Circuit upheld a district court’s grant of summary judgment to defendants in a copyright infringement action, finding that the plaintiff lacked standing to sue because the underlying agreement granted exclusive rights that were limited in time
“Situs of the injury” for exercising personal jurisdiction over defendant for online copyright infringement is location of copyright owner
- McDermott Will & Emery
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- USA
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- 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
Exotic dancing attire may be inherently distinctive, but the Chippendales "Cuffs & Collar" costume is not
- McDermott Will & Emery
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- USA
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- October 28 2010
Addressing whether the well-known Chippendales "Cuffs & Collar" costume is inherently distinctive for adult entertainment services, the U.S. Court of Appeals for the Federal Circuit affirmed the refusal to register the mark, finding that the costume was not inherently distinctive, but is a "mere variant or refinement" of the Playboy Bunny costume
Tank top tussle Britney Spears as an indicator of delicious confusion
- McDermott Will & Emery
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- USA
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- September 30 2010
In a decision highlighting the fact-intensive nature of trademark disputes, the U.S. Court of Appeals for the Ninth Circuit Court reversed a grant of summary judgment but acknowledged that it was “far from certain that consumers were likely to be confused” by defendant’s use of the word DELICIOUS
Current Search
- Jurisdiction - USA
- Workarea - Litigation
- Workarea - Media & Entertainment
- Firm Name - McDermott Will & Emery
- Author - Rita Weeks