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 295

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


Kirtsaeng II: Fees in Copyright Cases Depends on Reasonableness of Litigation Position
  • McDermott Will & Emery
  • USA
  • June 28 2016

When deciding whether to award attorneys’ fees under the Copyright Act’s fee-shifting provision, 17 USC 505, the Supreme Court of the United States


Google Books is transformative and therefore a fair use
  • McDermott Will & Emery
  • USA
  • November 30 2015

Addressing the boundaries of fair use in Copyright Law, the U.S. Court of Appeals for Second Circuit found that the making of digital copies of tens


Brumley Heirs Win Fight over Rights to Old Gospel Song
  • McDermott Will & Emery
  • USA
  • June 28 2016

Addressing the termination right given to authors and their heirs under the Copyright Act, the US Court of Appeals for the Sixth Circuit concluded


Proof of confusion essential for trademark injunction
  • McDermott Will & Emery
  • USA
  • August 27 2015

Addressing the likelihood of success requirement for injunctive relief, the U.S. Court of Appeals for the First Circuit vacated an order requiring


A joint author does not own derived material
  • McDermott Will & Emery
  • USA
  • August 27 2015

Addressing joint and derivative works under the Copyright Act, the U.S. Court of Appeals for the First Circuit found the district court erred in


Federal Circuit: Disparagement Proscription of 2(a) of the Lanham Act Unconstitutional
  • McDermott Will & Emery
  • USA
  • December 28 2015

In the last several decades, the disparagement provision of 2(a) of the Lanham Act has become a more frequent basis for rejection or cancellation of


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


Hookah manufacturer’s copyright infringement claims go up in smoke
  • McDermott Will & Emery
  • USA
  • February 28 2014

The U.S. Court of Appeals for the Ninth Circuit affirmed a summary judgment ruling and an award of attorneys’ fees, finding that a hookah water


Judge Posner solves Sherlock Holmes copyright case
  • McDermott Will & Emery
  • USA
  • July 30 2014

The original character of the famous detective Sherlock Holmes, along with his sidekick, Dr. John H. Watson, are no longer subject to copyright