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Results: 1-10 of 345

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


Second Circuit Affirms Dismissal of Sham Citizen Petition Claim, Summary Judgment on False Advertising Claims
  • McDermott Will & Emery
  • USA
  • June 28 2016

Addressing Sherman Act and Lanham Act claims arising out of an Abbreviated New Drug Application (ANDA), the US Court of Appeals for the Second


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In an unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court's grant of summary judgment in favor of defendants


FCC adopts MedRadio Service for wireless medical devices
  • McDermott Will & Emery
  • USA
  • March 26 2009

The FCC also proposed new rules for implantable wireless neuromuscular micro-stimulation devices


Kirtsaeng II: Fees in Copyright Cases Depends on Reasonableness of Litigation Position
  • McDermott Will & Emery
  • USA
  • June 28 2016

When deciding whether to award attorneys’ fees under the Copyright Act’s fee-shifting provision, 17 USC 505, the Supreme Court of the United States


Use of third-party artwork in video backdrop is fair use
  • McDermott Will & Emery
  • USA
  • September 30 2013

The U.S. Court of Appeals for the Ninth Circuit affirmed that the unauthorized use of an artist’s illustration in a video backdrop featured in rock


Ray Charles Foundation can challenge heirs’ attempt to reclaim copyrights
  • McDermott Will & Emery
  • USA
  • September 30 2015

The U.S. Court of Appeals for the Ninth Circuit reversed a district court’s dismissal of a suit brought by the sole beneficiary of the Ray Charles


A combination of non-conclusory factual allegations satisfies Twombly for a Sherman Act 1 claim and can proceed to trial
  • McDermott Will & Emery
  • USA
  • February 28 2010

The U.S. Court of Appeals for the Second Circuit recently reversed a district court decision dismissing a complaint alleging the defendants conspired to fix prices of digital music in violation of the Sherman Act 1


Hookah manufacturer’s copyright infringement claims go up in smoke
  • McDermott Will & Emery
  • USA
  • February 28 2014

The U.S. Court of Appeals for the Ninth Circuit affirmed a summary judgment ruling and an award of attorneys’ fees, finding that a hookah water


Proof of confusion essential for trademark injunction
  • McDermott Will & Emery
  • USA
  • August 27 2015

Addressing the likelihood of success requirement for injunctive relief, the U.S. Court of Appeals for the First Circuit vacated an order requiring