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Results: 1-10 of 39

Is “insolubly ambiguous” the correct standard to determine compliance with Sec 112?

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 5 2014

The U.S. Supreme Court granted certiorari on a petition challenging the U.S. Court of Appeals for the Federal Circuit's standard for determining when

Lanham Act attorneys’ fees awarded in the absence of damages

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 31 2011

The U.S. Court of Appeals for the Ninth Circuit held that even in the absence of an award of damages on a Lanham Act false advertising claim, a party can recover attorneys’ fees after obtaining an injunction that confers substantial benefit to the public

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

To track or not to track

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 21 2013

Digital advertising based on tracking users' interests and related privacy concerns have been the subject of many recent news articles. What does

New COPPA parental consent method approved by FTC

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 10 2014

The Federal Trade Commission's (FTC) amended Children's Online Privacy Protection Act (COPPA) Rule (16 CFR 312 et seq.), effective July 1, 2013

Acting General Counsel of the NLRB issues second report on social media

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 27 2012

On Wednesday, January 25, 2012, National Labor Relations Board (NLRB) acting General Counsel Lafe Solomon released a second report describing social media cases reviewed by his office

Disclosures need not contain customers’ actual names to violate the Video Privacy Protection Act rules Hulu court

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 9 2014

In the latest of a string of victories for the plaintiffs in the Video Privacy Protection Act (VPPA) class action litigation against Hulu, LLC, the U

Google Books is fair use and provides “significant public benefits”

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

Since 2004, the Google Books project has scanned over 20 million books and has provided digital copies of the books to participating libraries while

“Hot news” cannot be enjoined under misappropriation claim

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 31 2011

In a case that attracted significant amici attention, the U.S. Court of Appeals for the Second Circuit, invoking the copyright law principal of preemption, vacated an injunction against an internet news service that was based on a tort claim of misappropriation

KSR based renewed motion on obviousness is a winner

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 26 2009

The U.S. Court of Appeals for the Federal Circuit affirmed a district court grant of a post-KSR renewed summary judgment on obviousness (after denying a pre-KSR motion