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Court holds "hot news" doctrine not preempted by Copyright Act in internet context; DMCA claim maintained for removal of author information

  • Wiley Rein LLP
  • -
  • USA
  • -
  • February 23 2009

A federal court in New York has ruled that "hot news" claims for misappropriation of breaking news content brought by the Associated Press (AP) against a news-related website, All Headline News Corp. (AHN) are not preempted by the Copyright Act

Aereo wins another round in its battle with copyright owners

  • Wiley Rein LLP
  • -
  • USA
  • -
  • April 2 2013

On Monday, a divided panel of the U.S. Court of Appeals for the Second Circuit affirmed the denial of a preliminary injunction against Aereo, Inc

No coverage for false advertising claims under three separate policies

  • Wiley Rein LLP
  • -
  • USA
  • -
  • October 22 2010

The United States District Court for the District of Massachusetts held that multiple insurers had no obligation to defend or indemnify a policyholder against suits filed by a competitor and consumers alleging false and deceptive advertising

Unmasking anonymous posters

  • Wiley Rein LLP
  • -
  • USA
  • -
  • October 27 2009

Media outlets increasingly are faced with a "new" kind of subpoenaone that seeks the identity of persons who have posted information anonymously to the media company’s website, blog or chat room

In victory for news aggregators, federal appellate court erodes 'hot news' misappropriation doctrine

  • Wiley Rein LLP
  • -
  • USA
  • -
  • July 6 2011

In a decision that could hamper the ability of news organizations to protect their content from aggregators, a federal appellate court has rejected a claim of “hot news” misappropriation against an aggregator of financial news in Barclays Capital Inc. v. Theflyonthewall.com

“Negligent publication” does not include false advertising or negligent misrepresentation

  • Wiley Rein LLP
  • -
  • USA
  • -
  • September 10 2008

The United State Court of Appeals for the Ninth Circuit, applying California law, has held that a professional liability policy including coverage for "negligent publication" did not include coverage for class action lawsuits alleging negligent misrepresentation, false advertising and related counts

The POM Wonderful saga: FTC final order bars POM’s health claims

  • Wiley Rein LLP
  • -
  • USA
  • -
  • February 28 2013

On January 10, the U.S. Federal Trade Commission (FTC) released its long-awaited final ruling in the Agency's administrative case against POM

D.C. District Court disagrees with Second Circuit Aereo decision and issues near-nationwide injunction over FilmOn X Internet Television Service

  • Wiley Rein LLP
  • -
  • USA
  • -
  • September 11 2013

The U.S. District Court in Washington, DC, last week preliminarily enjoined FilmOn X, a service that uses the Internet to give consumers the ability

Crist campaign's copyright violation leads to public apology

  • Wiley Rein LLP
  • -
  • USA
  • -
  • May 13 2011

Last month, former Florida governor and U.S. Senate candidate Charlie Crist issued a public apology for his campaign's unauthorized use of the quirky 1980s tune Road to Nowhere in a television commercial

Federal judge sharply limits scope of West Virginia campaign ad restrictions

  • Wiley Rein LLP
  • -
  • USA
  • -
  • May 8 2008

On April 22, 2008, a federal district judge in West Virginia granted a preliminary injunction sought by Wiley Rein attorneys on behalf of the Center for Individual Freedom