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Results: 11-20 of 291

Second Circuit refuses to enjoin Aereo’s internet streaming of broadcast television
  • McDermott Will & Emery
  • USA
  • May 31 2013

Addressing the legality of a streaming TV service that provides internet-streaming of broadcast television programming, the U.S. Court of Appeals for


Arbitration clause can result in amending an agreement to realize its “essence”
  • McDermott Will & Emery
  • USA
  • May 31 2013

Timegate Studios, Inc. v. Southpeak Interactive, LLC et al. Due to fraudulent conduct and an "extraordinary" breach of a development agreement, the U


A public icon: Marilyn Monroe estate loses appeal for publicity rights
  • McDermott Will & Emery
  • USA
  • October 31 2012

Addressing the issue of judicial estoppel, the U.S. Court of Appeals for the Ninth Circuit affirmed that Marilyn Monroe’s estate is estopped from asserting the late actress’ rights of publicity under California law, finding that 40 years of judicial proceedings supported the late actress being domiciled in New York at the time of her death, a state which does not recognize posthumous publicity rights


A recall notice directed to “6 Hour” energy shots could constitute false advertising
  • McDermott Will & Emery
  • USA
  • October 31 2012

Addressing the issue of whether a recall notice issued by a competitor constituted false advertising and anti-competitive conduct in violation of Section 2 of the Sherman Act, the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s judgment dismissing false advertising claims and affirmed the district court’s dismissal of Sherman Act claims


No compulsory license for internet streaming
  • McDermott Will & Emery
  • USA
  • October 31 2012

In an appeal of a preliminary injunction against ivi, Inc., the U.S. Court of Appeals for the Second Circuit found that internet streaming services are not entitled to compulsory licenses under 17 U.S.C. 111 of the Copyright Act for broadcast TV retransmissions


Eleventh Circuit holds not all “internet” distribution is worldwide publication, giving rise to a United States work
  • McDermott Will & Emery
  • USA
  • October 31 2012

In a suit involving allegations that Nelly Furtado’s song Do It illegally copied the musical work Acidjazzed Evening, the U.S. Court of Appeals for the Eleventh Circuit affirmed summary judgment for defendants based on plaintiff’s failure to register the copyright or prove it was exempt from that requirement as a foreign work


Ambiguity as to copyright renewal term must be litigated
  • McDermott Will & Emery
  • USA
  • July 31 2013

The U.S. Court of Appeals for the Second Circuit reversed a lower court's decision that dismissed a lawsuit brought by comic book artist Gary


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


Ex-guitarist must KISS royalties goodbye to satisfy judgment
  • McDermott Will & Emery
  • USA
  • July 31 2012

In an unpublished ruling, the U.S. Court of Appeals for the Ninth Circuit held that a district court did not err in holding that former KISS guitarist Vinnie “Vinnie Vincent” Cusano must surrender KISS royalty earnings to former bandmate Gene “Gene Simmons” Klein in order to cover Klein’s attorneys’ fees from a royalty dispute Cusano lost in 2003


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