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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


Willfulness Remains Prerequisite to Award of Infringer’s Profits
  • McDermott Will & Emery
  • USA
  • April 28 2016

Addressing whether willfulness is a prerequisite to an award of a trademark infringer's profits, the US Court of Appeals for the Federal Circuit


Red Stripe Prevails in Alcohol Beverage Labeling Class Action
  • McDermott Will & Emery
  • USA
  • April 18 2016

The latest merits decision in the ongoing false advertisinglabeling class actions appears here. This case involves allegations that the labeling and


First Amendment Prevents Right of Publicity Claim Arising from Film About “Issues of a Public Nature”
  • McDermott Will & Emery
  • USA
  • March 30 2016

In a lawsuit involving the 2010 Oscar-winning film The Hurt Locker, the US Court of Appeals for the Ninth Circuit held that right of publicity claims


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


First Amendment protects use of third-party’s trademark in video game
  • McDermott Will & Emery
  • USA
  • December 30 2014

Confirming that video games, including customizable multi-player games, qualify as expressive works entitled to First Amendment protection, a


Criminal conviction upheld for modifying videogame console
  • McDermott Will & Emery
  • USA
  • April 30 2014

The U.S. Court of Appeals for the Sixth Circuit recently affirmed a defendant's criminal conviction under the Digital Millennium Copyright Act for


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


Judge Posner solves Sherlock Holmes copyright case
  • McDermott Will & Emery
  • USA
  • July 30 2014

The original character of the famous detective Sherlock Holmes, along with his sidekick, Dr. John H. Watson, are no longer subject to copyright


Unlike Inspector Clouseau, Pink Panther heirs fail to stumble on favorable theory
  • McDermott Will & Emery
  • USA
  • July 30 2008

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a decision against the heirs of the man who created the Pink Panther and granted copyright ownership to Metro-Goldwyn-Mayer Pictures Inc