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 232

A combination of non-conclusory factual allegations satisfies Twombly for a Sherman Act 1 claim and can proceed to trial
  • McDermott Will & Emery
  • USA
  • February 28 2010

The U.S. Court of Appeals for the Second Circuit recently reversed a district court decision dismissing a complaint alleging the defendants conspired to fix prices of digital music in violation of the Sherman Act 1


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


Lanham Act attorneys’ fees awarded in the absence of damages
  • McDermott Will & Emery
  • USA
  • August 31 2011

The U.S. Court of Appeals for the Ninth Circuit held that even in the absence of an award of damages on a Lanham Act false advertising claim, a party can recover attorneys’ fees after obtaining an injunction that confers substantial benefit to the public


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


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In an unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court's grant of summary judgment in favor of defendants


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


Strict proportionality not required between attorneys’ fees and damages
  • McDermott Will & Emery
  • USA
  • July 31 2011

In a recent action for copyright infringement, the U.S. Court of Appeals for the First Circuit upheld the district court’s award of attorneys’ fees, noting that strict proportionality between fees and damages is not required


“Situs of the injury” for exercising personal jurisdiction over defendant for online copyright infringement is location of copyright owner
  • McDermott Will & Emery
  • USA
  • April 29 2011

In a decision favorable to copyright owners based in the state of New York, the New York State Court of Appeals held that in copyright infringement cases involving the uploading of copyrighted literary works onto the internet, the situs of the injury for purposes of determining personal jurisdiction under New York's long-arm jurisdiction statute is the location of the copyright holder and not the location of the infringing conduct


Is the comic book character copyright infringement saga finally over?
  • McDermott Will & Emery
  • USA
  • January 29 2015

The U.S. Court of Appeals for the Tenth Circuit affirmed the district court’s dismissal of a copyright infringement complaint by an entity that has


No “safe harbor” for BitTorrent website operator
  • McDermott Will & Emery
  • USA
  • April 30 2013

The U.S. Court of Appeals for the Ninth Circuit affirmed a summary judgment ruling in favor of seven film studios finding that the defendant induced