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Results: 1-10 of 295

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


Certification Mark May Be Infringed Despite Nominative Fair Use, Lack of Source Confusion
  • McDermott Will & Emery
  • USA
  • June 28 2016

Addressing the use of a certification mark in connection with information systems training, the US Court of Appeals for the Second Circuit reversed


Alleged breach of implied-in-fact contract for use of a television show idea not preempted by Copyright Act
  • McDermott Will & Emery
  • USA
  • July 31 2012

In vacating a district court’s grant of a motion to dismiss a breach of contract action against a television studio, the U.S. Court of Appeals for the Second Circuit held that the Copyright Act does not preempt a breach of an implied-in-fact contract that included a promise to pay for an idea


Burning Man Bus Not a Protected Work of Visual Art Under VARA
  • McDermott Will & Emery
  • USA
  • July 26 2016

The US Court of Appeals for the Ninth Circuit affirmed the judgment of a Nevada district court when it determined that the Visual Artists Rights Act


First Amendment Prevents Right of Publicity Claim Arising from Film About “Issues of a Public Nature”
  • McDermott Will & Emery
  • USA
  • March 30 2016

In a lawsuit involving the 2010 Oscar-winning film The Hurt Locker, the US Court of Appeals for the Ninth Circuit held that right of publicity claims


Really, “You Don’t Mess with the Zohan”
  • McDermott Will & Emery
  • USA
  • July 31 2011

In a case involving scènes à faire and preemption issues, the U.S. Court of Appeals for the Second Circuit affirmed a district court’s grant of summary judgment in favor of the makers of the motion picture You Don’t Mess with the Zohan


Royalty allocations for royalty pools must be well reasoned and based on a record
  • McDermott Will & Emery
  • USA
  • September 30 2015

Addressing the reasonableness of the Copyright Royalty Board’s (Board) decision allocating a pool of royalties among several parties for the


The idea of yoga versus the expression of it
  • McDermott Will & Emery
  • USA
  • November 30 2015

Affirming the district court’s grant of partial summary judgment, the U. S. Court of Appeals for the Ninth Circuit concluded that a sequence of yoga


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


Rosa Parks Name and Likeness Free for Use?
  • McDermott Will & Emery
  • USA
  • February 25 2016

Addressing the balance between privacy rights and matters of public interest, the U.S. Court of Appeals for the Eleventh Circuit affirmed the