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Results: 1-10 of 155

No “safe harbor” for BitTorrent website operator

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 30 2013

The U.S. Court of Appeals for the Ninth Circuit affirmed a summary judgment ruling in favor of seven film studios finding that the defendant induced

Question on web browsing and copyright infringement referred to CJEU

  • McDermott Will & Emery
  • -
  • Belarus, United Kingdom
  • -
  • April 30 2013

On 17 April 2013, the Supreme Court of England and Wales provisionally held in Public Relations Consultants Association Ltd v The Newspaper Licensing

CJEU ruling confirms live internet streaming of TV broadcasts infringes copyright

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • April 15 2013

On 7 March 2013, the Court of Justice of the European Union (CJEU) ruled in ITV Broadcasting Ltd and others v TV Catchup Ltd 2013 C60711 EUECJ

Clip from The Ed Sullivan Show in musical Jersey Boys was fair use

  • McDermott Will & Emery
  • -
  • USA
  • -
  • March 29 2013

The U.S. Court of Appeals for the Ninth Circuit concluded that the use by a musical production company in the musical Jersey Boys of a seven-second

Graphic novel not substantially similar to Heroes

  • McDermott Will & Emery
  • -
  • USA
  • -
  • March 29 2013

In an unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed dismissal of a complaint for copyright infringement, unfair

Once and for all, the Pooh belongs to Disney

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 31 2013

The U.S. Court of Appeals for the Federal Circuit upheld the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board's (the Board

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In an unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court's grant of summary judgment in favor of defendants

Alien v. Predator; who prevails in copyright dispute?

  • McDermott Will & Emery
  • -
  • USA
  • -
  • November 29 2012

The U.S. Court of Appeals for the Second Circuit upheld an order granting summary judgment on copyright and breach of contract claims against Alien vs. Predator film (AVP) creators, concluding that the alleged similarities between the plaintiffs’ screenplay and the film in issue were insufficient to create factual issues from which a reasonable juror could find actual copying or improper appropriation

CJEU offers partial clarification as to governing jurisdiction for sui generis right

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • November 7 2012

A decision has been reached by the Court of Justice of the European Union (CJEU) regarding Football Dataco Ltd and Others v Sportradar GmbH and Another 17311 referred from the Court of Appeal of England and Wales in respect of a request for interpretation of Article 7 of Directive 969EC on the Legal Protection of Databases (the Directive

A public icon: Marilyn Monroe estate loses appeal for publicity rights

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 31 2012

Addressing the issue of judicial estoppel, the U.S. Court of Appeals for the Ninth Circuit affirmed that Marilyn Monroe’s estate is estopped from asserting the late actress’ rights of publicity under California law, finding that 40 years of judicial proceedings supported the late actress being domiciled in New York at the time of her death, a state which does not recognize posthumous publicity rights

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