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Results: 1-10 of 136

George Clinton’s use of “dog” and panting in song is copyrightable subject matter
  • Winston & Strawn LLP
  • USA
  • November 20 2009

Bridgeport Music, Inc. (“Bridgeport”), owner of the publishing rights to George Clinton’s best-known work, “Atomic Dog,” sued UMG Recordings Inc. (“UMG”) for copyright infringement



A courts inherent power to award attorney's fees should be reserved for cases in which the conduct of the party or an attorney is egregious and no other basis for sanctions exists
  • Winston & Strawn LLP
  • USA
  • May 5 2010

Following a jurys finding of infringement, the district court granted defendants' motion for judgment as a matter of law (“JMOL”) on non-infringement and granted defendants' petition seeking attorneys fees and expenses



Photographer and LavAzza coffee settle copyright infringement lawsuit
  • Winston & Strawn LLP
  • USA
  • January 21 2010

In September 2009, Paolo Pizzetti sued Annie Leibovitz and LavAzza coffee for copyright infringement alleging that Leibovitz and LavAzza used one of Pizzetti's photographs in the 2009 LavAzza calendar without permission


Use of photograph on book cover violates right of privacy
  • Winston & Strawn LLP
  • USA
  • May 24 2010

A New York state court recently found a book publisher liable for using a photograph of plaintiff Tasleema Yasin for the cover of its fictional book entitled Baby Doll


International Seaway Trading Corp. v. Walgreens Corp.
  • Winston & Strawn LLP
  • USA
  • December 22 2009

The ordinary observer test, rather than the point of novelty test, is applied to test anticipation for design patents


A patent’s preamble limits the invention only if it recites essential structure or steps, or is necessary to give life, meaning, and vitality to the claim
  • Winston & Strawn LLP
  • USA
  • June 2 2010

The patent-in-suit related to technology intended to decrease the time needed to decode digital television transmissions


Malpractice claims against patent attorneys necessarily rely on federal law because the fiduciary duties owed by patent counsel are governed by federal statutes and the manual of patent examination procedure
  • Winston & Strawn LLP
  • USA
  • June 2 2010

The initial controversy before the district court concerned fifteen claims made by the plaintiff-inventorunder a combination of federal and state lawagainst his former patent counsel and employer, alleging the improper listing of a co-inventor on the patent application and improper legal representation of that individual due to the conflicting interests of the plaintiff


The fact that a patentee used equivocal language when communicating with an accused infringer will not prevent a court from applying equitable estoppel
  • Winston & Strawn LLP
  • USA
  • June 2 2010

The district court granted the accused infringer’s motion for dismissal on equitable estoppel grounds based on the patentee’s three years of silence after contacting the accused infringer concerning infringement