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Results: 11-20 of 134

Second Circuit revives trademark suit against Oprah Winfrey

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 27 2013

Vacating a district court’s grant of a motion to dismiss a trademark infringement claim against defendants Oprah Winfrey, Harpo, Inc. and Harpo

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

Promoter must pay for enjoined drifting under the boardwalk

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 27 2009

The U.S. Court of Appeals for the Third Circuit recently upheld a contempt ruling against a promoter and his family who violated an injunction by continuing to promote doo-wop group The Drifters after he was found to have no rights to the Drifters name and enjoined from using it

Statutory damages: foreign works and the U.S. live broadcast exemption

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 16 2009

In a class action led by the Football Association Premier League (FAPL) and U.S. music publishers Bourne against YouTube and its owners Google (The FAPL v YouTube Inc. (US District Court Southern District of New York)) filed on 4 May 2007, a U.S. District Court judge held that, because the FAPL did not register its broadcasts of Premier League matches with the US Copyright Office, it cannot claim statutory damages under the US Copyright Act against YouTube in respect of allegedly copyright infringing material uploaded by users to the video sharing site

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

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

Running of SOL on original work does not preclude ownership claim if later version of work is distinct

  • McDermott Will & Emery
  • -
  • USA
  • -
  • December 31 2009

The U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of a music composerproducer’s copyright infringement and breach of contract claims against the defendants, but reversed and remanded the producer's co-ownership claim against the record publisher (record publisher and artist) to determine if the statute of limitation (SOL) had run as to later “versions” of an original work on which the SOL barred the ownership claim

Creating a circuit split, the Second Circuit rejects "independent economic value" test

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 30 2010

The U.S. Court of Appeals for the Second Circuit rejected the “independent economic value” test adopted by four other circuits and upheld an award of statutory damages for copyright infringement of music on a per-album basis, not a per-song basis

No honor among “insatiable” porn purveyors

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 30 2010

The U.S. Court of Appeals for the Second Circuit, in a case decided on pre-emption, affirmed the dismissal of the basis of copyright complaint for unauthorized publication, tortious interference and conversion brought by an author against three book publishers and adult film star

ALJ Charneski extends target date in digital television investigation

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 20 2010

ALJ Charneski has extended the target date in Inv. No. 337-TA-617, Certain Digital Televisions and Certain Products Containing Same and Methods of Using Same, until January 27, 2011

Registration requirement does not restrict a subject-matter jurisdiction over infringement claims involving unregistered works

  • McDermott Will & Emery
  • -
  • USA
  • -
  • March 31 2010

In a unanimous decision, the Supreme Court of the United States held that although the Copyright Act’s registration requirement, 17 U.S.C. 411(a), is a precondition to filing a copyright infringement claim, a copyright holder’s failure to comply with that requirement does not restrict a federal court’s subject-matter jurisdiction over infringement claims involving unregistered works