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“Who’s on First?” Routine in Broadway Play Strikes Out as Transformative Fair Use
  • McDermott Will & Emery
  • USA
  • November 29 2016

The US Court of Appeals for the Second Circuit determined that a Broadway play's verbatim use of William "Bud" Abbott and Lou Costello's "Who's on


Iron Man Composer Battles Tech Giant Sony and Ghostface Killah
  • McDermott Will & Emery
  • USA
  • September 28 2016

The US Court of Appeals for the Second Circuit ruled in favor of the composer of the 1960s Iron Man theme song, finding material facts in dispute as


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


The Consumer Privacy Bill of rights redux
  • McDermott Will & Emery
  • USA
  • March 3 2015

On February 27, 2015, the Obama White House released an "Administration Discussion Draft" of its Consumer Privacy Bill of Rights Act of 2015


The idea of yoga versus the expression of it
  • McDermott Will & Emery
  • USA
  • November 30 2015

Affirming the district court’s grant of partial summary judgment, the U. S. Court of Appeals for the Ninth Circuit concluded that a sequence of yoga


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


Lanham Act attorneys’ fees awarded in the absence of damages
  • McDermott Will & Emery
  • USA
  • August 31 2011

The U.S. Court of Appeals for the Ninth Circuit held that even in the absence of an award of damages on a Lanham Act false advertising claim, a party can recover attorneys’ fees after obtaining an injunction that confers substantial benefit to the 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


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


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