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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


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


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


Cheap internet TV thwarted?
  • McDermott Will & Emery
  • USA
  • June 30 2014

Earlier this year, the Supreme Court of the United States agreed to hear a high-stakes copyright case that pitted the huge network television


Is “insolubly ambiguous” the correct standard to determine compliance with Sec 112?
  • McDermott Will & Emery
  • USA
  • February 5 2014

The U.S. Supreme Court granted certiorari on a petition challenging the U.S. Court of Appeals for the Federal Circuit's standard for determining when


Clip from The Ed Sullivan Show in musical Jersey Boys was fair use
  • McDermott Will & Emery
  • USA
  • March 29 2013

The U.S. Court of Appeals for the Ninth Circuit concluded that the use by a musical production company in the musical Jersey Boys of a seven-second


Graphic novel not substantially similar to Heroes
  • McDermott Will & Emery
  • USA
  • March 29 2013

In an unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed dismissal of a complaint for copyright infringement, unfair


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


The appropriation artist is a Prince
  • McDermott Will & Emery
  • USA
  • May 31 2013

The U.S. Court of Appeals for the Second Circuit, in a case involving allegations, against an appropriation artist, of infringement of photographs