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Results: 1-10 of 100

514 of URAA survives first amendment challenge

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 7 2010

Addressing for the first time whether 514 of the Uruguay Round Agreements Act violates the freedom of expression of reliance parties, the U.S. Court of Appeals for the Tenth Circuit upheld the constitutionality of 514 under the First Amendment

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

Digital music downloads are not public performances

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 28 2010

The U.S. Court of Appeals for the Second Circuit, affirming a district court, found that a download of a musical work does not constitute a public performance of that work. In that same case, the court vacated the district court’s assessment of license fees

Broad but definite license agreement on Eminem masters means $$

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 28 2010

The U.S. Court of Appeals for the Ninth Circuit, reversing a district court decision, held that Eminem’s record label improperly calculated royalties in connection with the exploitation of Eminem’s sound recordings as digital downloads and ringtones

No sale? No first sale doctrine defense

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 28 2010

Under the first sale doctrine, a copyright owner has the exclusive right to make and authorize a first sale of copies of his copyrighted work

Ninth Circuit overturns Mattel victory in Bratz case

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 27 2010

In a closely watched case having enormous financial implications, the U.S. Court of Appeals for the Ninth Circuit recently vacated all equitable relief awarded to a famed toy maker, finding that the district court abused its discretion by imposing an overbroad constructive trust and copyright injunction against the makers of the Bratz dolls

Assignment of cause of actionnot!

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 27 2010

In a memorandum affirming the district court’s summary judgment dismissal of plaintiff’s copyright infringement claims for lack of standing, the U.S. Court of Appeals for the Ninth Circuit held that an assignment agreement did not actually grant the plaintiff ownership interest in a copyright license, but rather assigned a cause of action, which is prohibited by the Ninth Circuit law

An attorney who does not personally sign a vexatious filing is not personally liable

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 27 2010

The U.S. Court of Appeals for the Seventh Circuit confirmed a district court decision, holding that the plaintiff had failed to comply with local rules and pretrial orders by not filing the appropriate pretrial order and therefore dismissed the case and awarded sanctions against plaintiff to pay the defendant’s legal fees and attorneys’ fees

Circuit split on whether copyright registration must be obtained before filing an infringement action

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

Copyright owners in the Ninth Circuit recently received same clarity concerning meeting the statutory prerequisites for filing copyright infringement actions from the U.S. Court of Appeals for the Ninth Circuit

The sneaky chef cookbook gets “thin” copyright protection

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

In a case involving competing cookbooks aimed at mitigation child and obesity, the U.S. Court of Appeals for the Second Circuit affirmed a district court decision dismissing claims of copyright infringement, trademark infringement and trademark dilution

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