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Results: 1-10 of 332

It’s the words, not the ideas, that are copyrightable
  • McDermott Will & Emery
  • USA
  • August 29 2013

The U.S. Court of Appeals for the Seventh Circuit dismissed a lawsuit claiming that Elton John and his songwriter partner Bernie Taupin had


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


Alleged breach of implied-in-fact contract for use of a television show idea not preempted by Copyright Act
  • McDermott Will & Emery
  • USA
  • July 31 2012

In vacating a district court’s grant of a motion to dismiss a breach of contract action against a television studio, the U.S. Court of Appeals for the Second Circuit held that the Copyright Act does not preempt a breach of an implied-in-fact contract that included a promise to pay for an idea


Exotic dancing attire may be inherently distinctive, but the Chippendales "Cuffs & Collar" costume is not
  • McDermott Will & Emery
  • USA
  • October 28 2010

Addressing whether the well-known Chippendales "Cuffs & Collar" costume is inherently distinctive for adult entertainment services, the U.S. Court of Appeals for the Federal Circuit affirmed the refusal to register the mark, finding that the costume was not inherently distinctive, but is a "mere variant or refinement" of the Playboy Bunny costume


Judge Posner orders Sherlock Holmes estate to pay attorneys’ fees for “form of extortion”
  • McDermott Will & Emery
  • USA
  • October 1 2014

In another scathing opinion against the Sherlock Holmes estate, Judge Richard A. Posner ordered the estate to pay attorneys’ fees for bringing


Ninth Circuit Opinion Calls into Question Constitutionality of California Tied-House Laws
  • McDermott Will & Emery
  • USA
  • January 8 2016

On January 7, 2016, the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Retail Digital Network, LLC v. Appelsmith, overruling


Standing Under Lanham Act Premised on Defendant’s Putative Conduct
  • McDermott Will & Emery
  • USA
  • April 28 2016

The US Court of Appeals for the Fourth Circuit reversed a district court's application of the two-part test for prudential standing to bring a Lanham


Gossip mag’s “fair use” claim in publishing a celebrity’s wedding photos rejected
  • McDermott Will & Emery
  • USA
  • September 28 2012

The U. S. Court of Appeals for the Ninth Circuit reversed the district court’s grant of summary judgment in favor of Maya Magazines and Maya Publishing Group (collectively Maya), finding that the media company did not meet its burden of establishing that its publication of previously unpublished photos of a celebrity couple’s wedding constituted fair use


Social media privacy around the globe
  • McDermott Will & Emery
  • United Kingdom, USA, Burkina Faso, China, France, Germany, Italy
  • November 28 2012

As the popularity of social media and information sharing grows, so too does the importance of that shared data to employers


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