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Results: 1-10 of 117

Lack of striking similarity ends The Big C copyright infringement action in the Ninth Circuit

  • McDermott Will & Emery
  • -
  • USA
  • -
  • December 27 2012

In an unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court's grant of summary judgment in favor of defendants

Cheap internet TV thwarted?

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

Earlier this year, the Supreme Court of the United States agreed to hear a high-stakes copyright case that pitted the huge network television

Unlike Inspector Clouseau, Pink Panther heirs fail to stumble on favorable theory

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 30 2008

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a decision against the heirs of the man who created the Pink Panther and granted copyright ownership to Metro-Goldwyn-Mayer Pictures Inc

Printed publication need not be easily located to be prior art

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 27 2014

Addressing the standard for establishing that an alleged prior art reference qualifies as a “printed publication,” the U.S. Court of Appeals for the

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

Boop-oop-a-doop oops! Family of Betty Boop creator loses infringement claims due to flawed chain of title

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

The U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s holding that the family of the creator of the 1930s cartoon character Betty Boop lacked the requisite copyright or trademark rights to prevent a company from selling merchandise featuring the Betty Boop image

D.C. Circuit limits discovery and joinder for downloading "swarms"

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 27 2014

Deciding a case that involves issues of discovery and joinder, the U.S. Court of Appeals for the D.C. Circuit addressed issues presented by so-called

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

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

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