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Results: 1-10 of 282

Stock photo agency need not list all photographs in its compilation
  • McDermott Will & Emery
  • USA
  • April 30 2014

Joining with the U.S. Court of Appeals for the Fourth Circuit, the U.S. Court of Appeals for the Ninth Circuit ruled that a stock photo agency is the


First Circuit stays on the fence regarding application versus registration approach
  • McDermott Will & Emery
  • USA
  • April 30 2014

Once again failing to choose a side in the application versus registration approach, the U.S. Court of Appeals for the First Circuit upheld the


Criminal conviction upheld for modifying videogame console
  • McDermott Will & Emery
  • USA
  • April 30 2014

The U.S. Court of Appeals for the Sixth Circuit recently affirmed a defendant's criminal conviction under the Digital Millennium Copyright Act for


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In an unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court's grant of summary judgment in favor of defendants


A public icon: Marilyn Monroe estate loses appeal for publicity rights
  • McDermott Will & Emery
  • USA
  • October 31 2012

Addressing the issue of judicial estoppel, the U.S. Court of Appeals for the Ninth Circuit affirmed that Marilyn Monroe’s estate is estopped from asserting the late actress’ rights of publicity under California law, finding that 40 years of judicial proceedings supported the late actress being domiciled in New York at the time of her death, a state which does not recognize posthumous publicity rights


A recall notice directed to “6 Hour” energy shots could constitute false advertising
  • McDermott Will & Emery
  • USA
  • October 31 2012

Addressing the issue of whether a recall notice issued by a competitor constituted false advertising and anti-competitive conduct in violation of Section 2 of the Sherman Act, the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s judgment dismissing false advertising claims and affirmed the district court’s dismissal of Sherman Act claims


No compulsory license for internet streaming
  • McDermott Will & Emery
  • USA
  • October 31 2012

In an appeal of a preliminary injunction against ivi, Inc., the U.S. Court of Appeals for the Second Circuit found that internet streaming services are not entitled to compulsory licenses under 17 U.S.C. 111 of the Copyright Act for broadcast TV retransmissions


Eleventh Circuit holds not all “internet” distribution is worldwide publication, giving rise to a United States work
  • McDermott Will & Emery
  • USA
  • October 31 2012

In a suit involving allegations that Nelly Furtado’s song Do It illegally copied the musical work Acidjazzed Evening, the U.S. Court of Appeals for the Eleventh Circuit affirmed summary judgment for defendants based on plaintiff’s failure to register the copyright or prove it was exempt from that requirement as a foreign work


Second Circuit refuses to enjoin Aereo’s internet streaming of broadcast television
  • McDermott Will & Emery
  • USA
  • May 31 2013

Addressing the legality of a streaming TV service that provides internet-streaming of broadcast television programming, the U.S. Court of Appeals for


Arbitration clause can result in amending an agreement to realize its “essence”
  • McDermott Will & Emery
  • USA
  • May 31 2013

Timegate Studios, Inc. v. Southpeak Interactive, LLC et al. Due to fraudulent conduct and an "extraordinary" breach of a development agreement, the U