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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


Holy non-infringement, Batman!
  • McDermott Will & Emery
  • USA
  • October 1 2014

The U.S Court of Appeals for the Seventh Circuit affirmed the dismissal of a trademark infringement claim, finding that a real computer software


A warehouse full of unapproved genetically-modified seeds; now what?
  • McDermott Will & Emery
  • USA
  • October 1 2014

The U.S. Court of Appeals for the Eighth Circuit addressed allegations of breach and false advertising against an agricultural product storage and


Judge rules NCAA ban on student-athlete compensation violates antitrust law
  • McDermott Will & Emery
  • USA
  • August 14 2014

On Friday, August 8, 2014, the Northern District of California determined that the National Collegiate Athletic Association's (NCAA's) rules banning


District court denies summary judgment in broadcast rights class action
  • McDermott Will & Emery
  • USA
  • August 15 2014

On Friday, August 8, 2014, the Southern District of New York denied motions for summary judgment filed by the National Hockey League, Major League


Two-party market: presumption of confusion and injury
  • McDermott Will & Emery
  • USA
  • August 8 2014

Clarifying applicable presumptions in Lanham Act false advertising cases, the U.S. Court of Appeals for the Second Circuit affirmed a district


Release of earnings call audio recording qualifies as fair use news reporting
  • McDermott Will & Emery
  • USA
  • February 28 2014

The U.S. Court of Appeals for the Second Circuit has concluded that when a copyrighted work itself is considered to be news, dissemination of that


Use of athlete’s likeness in video game not protected by First Amendment
  • McDermott Will & Emery
  • USA
  • August 29 2013

The U.S. Court of Appeals for the Ninth Circuit Court affirmed that the First Amendment does not protect a video game developer's unauthorized use of


Untimely ownership claim time-bars copyright infringement claim where basis of dispute is ownership
  • McDermott Will & Emery
  • USA
  • December 31 2013

The U.S. Court of Appeals for the Ninth Circuit held that a district court properly dismissed a copyright infringement suit as untimely where the


Ninth Circuit eliminates presumption of irreparable harm for trademark owners seeking a preliminary injunction
  • McDermott Will & Emery
  • USA
  • December 31 2013

In yet another chapter in the epic saga regarding use of the musical group name “The Platters,” the U.S. Court of Appeals for Ninth Circuit