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Results: 1-10 of 282

Alien v. Predator; who prevails in copyright dispute?
  • McDermott Will & Emery
  • USA
  • November 29 2012

The U.S. Court of Appeals for the Second Circuit upheld an order granting summary judgment on copyright and breach of contract claims against Alien vs. Predator film (AVP) creators, concluding that the alleged similarities between the plaintiffs’ screenplay and the film in issue were insufficient to create factual issues from which a reasonable juror could find actual copying or improper appropriation


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


False advertising injunction upheld; it’s all good and good for you
  • McDermott Will & Emery
  • USA
  • May 28 2011

In a case involving nutritional claims associated with baby formula, the U.S. Court of Appeals for the Fourth Circuit upheld a $13.5 million jury verdict won by a generic baby formula producer and permanent injunction for false advertising against its longtime legal foe, brand name baby formula producer Mead Johnson


Alabama Appellate Court Finds Photos Merely Incidental to Nontaxable Photography Services
  • McDermott Will & Emery
  • USA
  • May 6 2016

Last Friday, the Alabama Court of Civil Appeals handed the Department of Revenue (Department) a significant loss in their continued attempt to tax


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


Untimely ownership claim time-bars copyright infringement claim where basis of dispute is ownership
  • McDermott Will & Emery
  • USA
  • December 31 2013

The U.S. Court of Appeals for the Ninth Circuit held that a district court properly dismissed a copyright infringement suit as untimely where the


Unlike Inspector Clouseau, Pink Panther heirs fail to stumble on favorable theory
  • McDermott Will & Emery
  • USA
  • July 30 2008

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a decision against the heirs of the man who created the Pink Panther and granted copyright ownership to Metro-Goldwyn-Mayer Pictures Inc


Trying to Outhustle a Permanent Injunction
  • McDermott Will & Emery
  • USA
  • February 25 2016

Addressing the issue of modifying a permanent injunction for trademark infringement, the Court of Appeals for the Sixth Circuit held that an


Standing Under Lanham Act Premised on Defendant’s Putative Conduct
  • McDermott Will & Emery
  • USA
  • April 28 2016

The US Court of Appeals for the Fourth Circuit reversed a district court's application of the two-part test for prudential standing to bring a Lanham


Licensing agent has standing to bring copyright infringement suit
  • McDermott Will & Emery
  • USA
  • September 30 2015

Addressing the issue of whether a photograph licensing agent has standing to bring an infringement suit under the Copyright Act, the U.S. Court of