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Results: 1-10 of 133

Is the comic book character copyright infringement saga finally over?

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 29 2015

The U.S. Court of Appeals for the Tenth Circuit affirmed the district court’s dismissal of a copyright infringement complaint by an entity that has

No presumption, but inference of irreparable harm permissible under Lanham Act

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 29 2015

Addressing interpretation of advertising claims when the packaging or label unambiguously defines a claim term and an inference of irreparable harm

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

Statements regarding live scientific debate still subject to false advertising claim

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 29 2015

According to the U.S. Court of Appeals for the Fifth Circuit, even if scientific claims are the subject of live scientific debates, that status will

First Amendment protects use of third-party’s trademark in video game

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

Confirming that video games, including customizable multi-player games, qualify as expressive works entitled to First Amendment protection, a

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

Tank top tussle Britney Spears as an indicator of delicious confusion

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

Alien v. Predator; who prevails in copyright dispute?

  • McDermott Will & Emery
  • -
  • USA
  • -
  • November 29 2012

The U.S. Court of Appeals for the Second Circuit upheld an order granting summary judgment on copyright and breach of contract claims against Alien vs. Predator film (AVP) creators, concluding that the alleged similarities between the plaintiffs’ screenplay and the film in issue were insufficient to create factual issues from which a reasonable juror could find actual copying or improper appropriation

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

Circumstantial evidence does not create a triable issue of material fact

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

The U.S. Court of Appeals for the Sixth Circuit upheld the district court’s grant of summary judgment in favor of defendant-appellee Universal-MCA Music Publishing (Universal), agreeing that plaintiff-appellant Bridgeport Music, Inc. (Bridgeport) had failed to set forth specific facts showing a triable issue of material fact