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The 'super powered' rule of stare decisis defeats Spider Man
  • McDermott Will & Emery
  • USA
  • June 23 2015

The Supreme Court of the United States, in a 6-3 decision, left undisturbed the rule from its 51-year-old decision in Brulotte v. Thys Co. (1964


Reasonable royalty damages in copyright
  • McDermott Will & Emery
  • USA
  • March 26 2015

Addressing for the issue of the reasonable royalty from a hypothetical negotiation for copyrights, the U.S. Court of Appeals for the Federal Circuit


Preemption of state-law tort claims by the Copyright Act
  • McDermott Will & Emery
  • USA
  • May 28 2015

Addressing the issue of the preemption of state-law claims by the Copyright Act, the U.S. Court of Appeals for the Eighth Circuit upheld the district


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


Not every magazine use is fair
  • McDermott Will & Emery
  • USA
  • September 28 2012

The U.S. Court of Appeals for the Sixth Circuit sided with a TV news reporter, concluding that the publication, by Hustler magazine, of semi-nude photos of the reporter (which were owned by the reporter) was a copyright infringement and was a commercial use beyond the scope of a fair use defense


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


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


Lack of striking similarity ends The Big C copyright infringement action in the Ninth Circuit
  • McDermott Will & Emery
  • USA
  • December 27 2012

In an unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court's grant of summary judgment in favor of defendants


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


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