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Results: 1-10 of 295

No preliminary injunction over commercial hopping
  • McDermott Will & Emery
  • USA
  • August 29 2013

The U.S. Court of Appeals for the Ninth Circuit affirmed a district court's denial of a request for a preliminary injunction sought by a broadcaster


Touchdown for video game producer over football players false endorsement claim
  • McDermott Will & Emery
  • USA
  • August 29 2013

Revisiting the issue of how trademark and similar rights under the Lanham Act are balanced against First Amendment rights, the U.S. Court of Appeals


ALJ finds employee's Facebook comments unrelated to working conditions are not protected under the NLRA
  • McDermott Will & Emery
  • USA
  • October 17 2011

Two weeks ago, we wrote about a decision from an Administrative Law Judge finding that the National Labor Relations Act protected an employee’s Facebook comments made about his employer


Disclosures need not contain customers’ actual names to violate the Video Privacy Protection Act rules Hulu court
  • McDermott Will & Emery
  • USA
  • May 9 2014

In the latest of a string of victories for the plaintiffs in the Video Privacy Protection Act (VPPA) class action litigation against Hulu, LLC, the U


Ambiguity as to copyright renewal term must be litigated
  • McDermott Will & Emery
  • USA
  • July 31 2013

The U.S. Court of Appeals for the Second Circuit reversed a lower court's decision that dismissed a lawsuit brought by comic book artist Gary


It’s the words, not the ideas, that are copyrightable
  • McDermott Will & Emery
  • USA
  • August 29 2013

The U.S. Court of Appeals for the Seventh Circuit dismissed a lawsuit claiming that Elton John and his songwriter partner Bernie Taupin had


Use of third-party artwork in video backdrop is fair use
  • McDermott Will & Emery
  • USA
  • September 30 2013

The U.S. Court of Appeals for the Ninth Circuit affirmed that the unauthorized use of an artist’s illustration in a video backdrop featured in rock


No appeal of determination that digital movies delivered by physical media are not taxable in New York
  • McDermott Will & Emery
  • USA
  • August 23 2012

In June 2012 a New York State Division of Tax Appeals administrative law judge (ALJ) ruled in favor of a movie theatre operator represented by McDermott Will Emery on the question of whether nontaxable licenses to exhibit digital movies become taxable if the movies are delivered to the theatre on hard drives, which are physical media


Could the Bieb be a copyright infringer?
  • McDermott Will & Emery
  • USA
  • July 29 2015

The U.S. Court of Appeals for the Fourth Circuit vacated a district court decision dismissing a copyright infringement claim in a case involving a


The 'super powered' rule of stare decisis defeats Spider Man
  • McDermott Will & Emery
  • USA
  • June 23 2015

The Supreme Court of the United States, in a 6-3 decision, left undisturbed the rule from its 51-year-old decision in Brulotte v. Thys Co. (1964