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Results: 1-10 of 349

No False Advertising Where There Is No Injury or Statements Are Opinions
  • McDermott Will & Emery
  • USA
  • March 27 2017

Addressing the standard for violating the Lanham Act's false advertising provisions, the US Court of Appeals for the Fourth Circuit affirmed a


No Common Law “Public Performance Right” for Broadcast of Pre-1972 Recordings
  • McDermott Will & Emery
  • USA
  • March 27 2017

The US Court of Appeals for the Second Circuit agreed with the New York Court of Appeals that there is no New York State common law "right of public


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


The complications of copyrighted images in the Yellow Pages
  • McDermott Will & Emery
  • USA
  • September 30 2015

Reviewing a spectrum of copyright-Related Issues following the conclusion of a jury trial, the U.S. Court of the Appeals for the Eleventh Circuit


Google Books is transformative and therefore a fair use
  • McDermott Will & Emery
  • USA
  • November 30 2015

Addressing the boundaries of fair use in Copyright Law, the U.S. Court of Appeals for Second Circuit found that the making of digital copies of tens


Ninth Circuit adopts lower court’s use of its own "blades of chaos" to filter out the unprotectable elements of a plaintiff’s copyright infringement claim
  • McDermott Will & Emery
  • USA
  • August 31 2011

The U.S. Court of Appeals for the Ninth Circuit adopted and affirmed the trial court’s decision that no reasonable juror could conclude that Sony’s God of War videogame contained substantially similar ideas and expression to any of the protectable elements contained in the plaintiffs’ works


Promoter must pay for enjoined drifting under the boardwalk
  • McDermott Will & Emery
  • USA
  • July 27 2009

The U.S. Court of Appeals for the Third Circuit recently upheld a contempt ruling against a promoter and his family who violated an injunction by continuing to promote doo-wop group The Drifters after he was found to have no rights to the Drifters name and enjoined from using it


Burning Man Bus Not a Protected Work of Visual Art Under VARA
  • McDermott Will & Emery
  • USA
  • July 26 2016

The US Court of Appeals for the Ninth Circuit affirmed the judgment of a Nevada district court when it determined that the Visual Artists Rights Act


Certification Mark May Be Infringed Despite Nominative Fair Use, Lack of Source Confusion
  • McDermott Will & Emery
  • USA
  • June 28 2016

Addressing the use of a certification mark in connection with information systems training, the US Court of Appeals for the Second Circuit reversed


A joint author does not own derived material
  • McDermott Will & Emery
  • USA
  • August 27 2015

Addressing joint and derivative works under the Copyright Act, the U.S. Court of Appeals for the First Circuit found the district court erred in