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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


Second Circuit Affirms Dismissal of Sham Citizen Petition Claim, Summary Judgment on False Advertising Claims
  • McDermott Will & Emery
  • USA
  • June 28 2016

Addressing Sherman Act and Lanham Act claims arising out of an Abbreviated New Drug Application (ANDA), the US Court of Appeals for the Second


Examiner.com Sails to Victory in DMCA Safe Harbor
  • McDermott Will & Emery
  • USA
  • June 28 2016

Addressing whether the owner of a media website could invoke the safe harbor provision of the Digital Millennium Copyright Act (DMCA), the US Court


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


Lanham Act claim cannot circumvent FDA exclusive jurisdiction to enforce Food, Drug, and Cosmetic Act
  • McDermott Will & Emery
  • USA
  • May 31 2010

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a California district court holding that a party may not sue under the Lanham Act to assert a Food, Drug, and Cosmetic Act (FDCA) violation if doing so impedes upon the U.S. Food and Drug Administration’s (FDA’s) exclusive enforcement authority


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


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


Scarlett? Rhett? Frankly my dear, I don’t give a damn
  • McDermott Will & Emery
  • USA
  • July 31 2011

The U.S. Court of Appeals for Eighth Circuit ruled that copyright holders deserve protection of characters even after images containing such characters have entered the public domain


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


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