We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 268

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


Recent decisions narrow scope of liability under Video Privacy Protection Act
  • McDermott Will & Emery
  • USA
  • April 27 2015

Two significant decisions under the Video Privacy Protection Act (VPPA) in recent weeks have provided new defenses to companies alleged to have run


First Amendment protects use of third-party’s trademark in video game
  • McDermott Will & Emery
  • USA
  • December 30 2014

Confirming that video games, including customizable multi-player games, qualify as expressive works entitled to First Amendment protection, a


No presumption, but inference of irreparable harm permissible under Lanham Act
  • McDermott Will & Emery
  • USA
  • January 29 2015

Addressing interpretation of advertising claims when the packaging or label unambiguously defines a claim term and an inference of irreparable harm


Statements regarding live scientific debate still subject to false advertising claim
  • McDermott Will & Emery
  • USA
  • January 29 2015

According to the U.S. Court of Appeals for the Fifth Circuit, even if scientific claims are the subject of live scientific debates, that status will


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In an unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court's grant of summary judgment in favor of defendants


Printed publication need not be easily located to be prior art
  • McDermott Will & Emery
  • USA
  • June 27 2014

Addressing the standard for establishing that an alleged prior art reference qualifies as a “printed publication,” the U.S. Court of Appeals for the


X-Men, Incredible Hulk, Spider Man and Captain America illustrator exceptionally gifted artist, but not copyright owner
  • McDermott Will & Emery
  • USA
  • September 30 2013

Affirming a determination that certain comic book drawings were works made for hire and the artist had no rights to the work, the U.S. Court of


NCAA argues for dismissal of athletes’ latest antitrust complaint
  • McDermott Will & Emery
  • USA
  • September 24 2013

Last week, the NCAA asked the Northern District of California to throw out a suit initiated in 2009 on behalf of former and current NCAA athletes