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Only musical recordings eligible for copyright first sale exception

McDermott Will & Emery
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USA
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February 28 2007

Addressing for the first time the issue of whether the record rental exception to the copyright first sale doctrine applies to all sound recordings or only musical sound recordings, the U.S. Court of Appeals for the Sixth Circuit upheld the district court, holding that only musical sound recordings are subject to the exception

The registration requirement bars claims based on unregistered copyrights

McDermott Will & Emery
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USA
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December 28 2007

The US Court of Appeals for the Second Circuit reversed the certification of a class of plaintiffs consisting of freelance authors (and the trade groups representing the authors) and subsequent approval of a settlement of these plaintiffs’ copyright infringement claims arising out of the unauthorized electronic reproduction of their works

Identical use of permissible copyrighted work privileged in collective work

McDermott Will & Emery
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USA
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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

KSR based renewed motion on obviousness is a winner

McDermott Will & Emery
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USA
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February 26 2009

The U.S. Court of Appeals for the Federal Circuit affirmed a district court grant of a post-KSR renewed summary judgment on obviousness (after denying a pre-KSR motion

Overbroad arbitration awards are no laughing matter

McDermott Will & Emery
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USA
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February 26 2009

The U.S. Court of Appeals for the Ninth Circuit recently vacated in part an arbitrator’s award in a dispute over a breached trademark licensing agreement, holding the arbitrator acted with manifest disregard of the law by upholding an overly restrictive covenant not to compete and acted beyond his scope of authority in issuing a permanent injunction against non-parties to the license agreement

Ninth Circuit gives copier leasor second shot at Lanham Act claims

McDermott Will & Emery
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USA
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February 29 2008

The U.S. Court of Appeals for Ninth Circuit reversed the F.R.Civ. Pro. 12(b)(1) dismissal of a complaint alleging false statements and antitrust violations, finding that the factual allegations, if taken as true, would support the Lanham Act and Sherman Act claims

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

McDermott Will & Emery
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USA
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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

Likelihood of confusion too heavy to weigh at summary judgment stage

McDermott Will & Emery
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USA
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October 31 2008

In vacating an award of summary judgment (based on a Lanham Act claim) to the estate of a legendary football announcer (John Facenda), the U.S. Court of Appeals for the Third Circuit held that it was not appropriate to weight the likelihood of confusion factors, which are largely fact dependent, at the summary judgment stage

Second Circuit revives antitrust class action complaint, perhaps lowering perceived heightened pleading standards

McDermott Will & Emery
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USA
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March 5 2010

The court's revival of this antitrust complaint will likely be an important precedent used by plaintiffs in their efforts to survive future motions to dismiss

Supreme Court holds that Copyright Act does not restrict a federal court’s subject-matter jurisdiction over infringement claims involving unregistered works

McDermott Will & Emery
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USA
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March 4 2010

On March 2, 2010, the Supreme Court issued a decision holding that the Copyright Act's requirement that copyright owners must register their works before suing for copyright infringement is not jurisdictional, such that federal district courts have subject-matter jurisdiction over infringement claims involving unregistered works

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