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Results: 1-10 of 128

Judge Posner orders Sherlock Holmes estate to pay attorneys’ fees for “form of extortion”

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 1 2014

In another scathing opinion against the Sherlock Holmes estate, Judge Richard A. Posner ordered the estate to pay attorneys’ fees for bringing

Holy non-infringement, Batman!

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 1 2014

The U.S Court of Appeals for the Seventh Circuit affirmed the dismissal of a trademark infringement claim, finding that a real computer software

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

A warehouse full of unapproved genetically-modified seeds; now what?

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 1 2014

The U.S. Court of Appeals for the Eighth Circuit addressed allegations of breach and false advertising against an agricultural product storage and

Sony is the new “King of the Road”

  • McDermott Will & Emery
  • -
  • USA
  • -
  • 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

Alleged breach of implied-in-fact contract for use of a television show idea not preempted by Copyright Act

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

In vacating a district court’s grant of a motion to dismiss a breach of contract action against a television studio, the U.S. Court of Appeals for the Second Circuit held that the Copyright Act does not preempt a breach of an implied-in-fact contract that included a promise to pay for an idea

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

Stop the music (or be vicariously liable)

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 30 2014

The U.S. Court of Appeals for the Sixth Circuit found a restaurant owner personally liable where the restaurant played recorded and live music

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

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