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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

Lanham Act claim cannot circumvent FDA exclusive jurisdiction to enforce Food, Drug, and Cosmetic Act

McDermott Will & Emery
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USA
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May 31 2010

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a California district court holding that a party may not sue under the Lanham Act to assert a Food, Drug, and Cosmetic Act (FDCA) violation if doing so impedes upon the U.S. Food and Drug Administration’s (FDA’s) exclusive enforcement authority

First-sale doctrine protects sale of promotional CDs

McDermott Will & Emery
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USA
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January 31 2011

The U.S. Court of Appeals for the Ninth Circuit affirmed a district court holding that a defendant’s resale of promotional music compact discs was permissible under the first-sale doctrine and did not constitute copyright infringement

Ninth Circuit no friend to Winklevoss twins: Facebook settlement stands

McDermott Will & Emery
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USA
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April 29 2011

Putting what appears to be an end to a highly publicized legal battle dramatized in the movie The Social Network, the U.S Court of Appeals for the Ninth Circuit has upheld a $65 million settlement agreement made between brothers Cameron and Tyler Winklevoss, their former classmate Divya Narendra, and social-networking website Facebook and its CEO Mark Zuckerberg

FTC updates guidelines for making proper disclosures in digital advertising

McDermott Will & Emery
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USA
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April 22 2013

The U.S. Federal Trade Commission (FTC) released updated guidance on how to make online advertising and marketing disclosures "clear and conspicuous"

Boop-oop-a-doop oops! Family of Betty Boop creator loses infringement claims due to flawed chain of title

McDermott Will & Emery
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USA
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March 31 2011

The U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s holding that the family of the creator of the 1930s cartoon character Betty Boop lacked the requisite copyright or trademark rights to prevent a company from selling merchandise featuring the Betty Boop image

Ex-guitarist must KISS royalties goodbye to satisfy judgment

McDermott Will & Emery
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USA
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July 31 2012

In an unpublished ruling, the U.S. Court of Appeals for the Ninth Circuit held that a district court did not err in holding that former KISS guitarist Vinnie “Vinnie Vincent” Cusano must surrender KISS royalty earnings to former bandmate Gene “Gene Simmons” Klein in order to cover Klein’s attorneys’ fees from a royalty dispute Cusano lost in 2003

Broad but definite license agreement on Eminem masters means $$

McDermott Will & Emery
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USA
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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

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

McDermott Will & Emery
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USA
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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