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Results: 1-10 of 355

En Banc Opinion Could Set Precedent for Tied-House Laws
  • McDermott Will & Emery
  • USA
  • June 15 2017

Yesterday, the en banc (full) Ninth Circuit Court of Appeals issued the attached opinion in the case of Retail Digital Network v. Prieto, No


DMCA Grandfather Clause Does Not Extend to Acquired Business
  • McDermott Will & Emery
  • USA
  • June 26 2017

Addressing the Digital Millennium Copyright Act (DMCA) grandfather clause that allows "pre-existing subscription services" to pay the pre-1998


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


No “safe harbor” for BitTorrent website operator
  • McDermott Will & Emery
  • USA
  • April 30 2013

The U.S. Court of Appeals for the Ninth Circuit affirmed a summary judgment ruling in favor of seven film studios finding that the defendant induced


Strict proportionality not required between attorneys’ fees and damages
  • McDermott Will & Emery
  • USA
  • July 31 2011

In a recent action for copyright infringement, the U.S. Court of Appeals for the First Circuit upheld the district court’s award of attorneys’ fees, noting that strict proportionality between fees and damages is not required


No Compulsory License for Internet Retransmissions of Broadcast TV
  • McDermott Will & Emery
  • USA
  • April 27 2017

Reversing the district court’s partial grant of summary judgment in favor of an internet streaming service, the US Court of Appeals for the Ninth


Touchdown for video game producer over football players false endorsement claim
  • McDermott Will & Emery
  • USA
  • August 29 2013

Revisiting the issue of how trademark and similar rights under the Lanham Act are balanced against First Amendment rights, the U.S. Court of Appeals


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


“Situs of the injury” for exercising personal jurisdiction over defendant for online copyright infringement is location of copyright owner
  • McDermott Will & Emery
  • USA
  • April 29 2011

In a decision favorable to copyright owners based in the state of New York, the New York State Court of Appeals held that in copyright infringement cases involving the uploading of copyrighted literary works onto the internet, the situs of the injury for purposes of determining personal jurisdiction under New York's long-arm jurisdiction statute is the location of the copyright holder and not the location of the infringing conduct


Trying to Outhustle a Permanent Injunction
  • McDermott Will & Emery
  • USA
  • February 25 2016

Addressing the issue of modifying a permanent injunction for trademark infringement, the Court of Appeals for the Sixth Circuit held that an