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Results: 1-10 of 303

En Banc Opinion Could Set Precedent for Tied-House Laws
  • McDermott Will & Emery
  • USA
  • June 15 2017

Yesterday, the en banc (full) Ninth Circuit Court of Appeals issued the attached opinion in the case of Retail Digital Network v. Prieto, No


Absent Commercial Use, Copyright Law Likely Preempts Right of Publicity Claims
  • McDermott Will & Emery
  • USA
  • May 25 2017

In a right of publicity case, the US Court of Appeals for the Ninth Circuit upheld a district court decision granting a motion to strike under


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


Time to Zoom In on Application of DMCA Safe Harbor Defense
  • McDermott Will & Emery
  • USA
  • May 25 2017

In reversing a district court grant of summary judgment in favor of a social media platform, the US Court of Appeals for the Ninth Circuit ordered a


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


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


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In an unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court's grant of summary judgment in favor of defendants


Criminal conviction upheld for modifying videogame console
  • McDermott Will & Emery
  • USA
  • April 30 2014

The U.S. Court of Appeals for the Sixth Circuit recently affirmed a defendant's criminal conviction under the Digital Millennium Copyright Act for


Dismissal but No Fees for Innocent BitTorrent Defendant
  • McDermott Will & Emery
  • USA
  • January 29 2016

Addressing whether a copyright infringement action based solely on IP addresses is frivolous or unreasonable, such that attorneys’ fees should be


Red Stripe Prevails in Alcohol Beverage Labeling Class Action
  • McDermott Will & Emery
  • USA
  • April 18 2016

The latest merits decision in the ongoing false advertisinglabeling class actions appears here. This case involves allegations that the labeling and