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Results: 11-20 of 296

Second Circuit revives copyright infringement suit against non-resident for uploading copyrighted material online
  • McDermott Will & Emery
  • USA
  • June 30 2011

Employing the standard set out by the New York Court of Appeals in internet copyright infringement cases, the U.S. Court of Appeals for the Second Circuit has revived a copyright infringement suit brought by a New York resident against a non-resident based upon defendant’s alleged uploading of copyrighted materials onto the internet


“Caught Up” not substantially similar to “caught Up”
  • McDermott Will & Emery
  • USA
  • February 29 2012

Assessing whether two songs titled “Caught Up” possessed enough similarities to survive a motion to dismiss, the U.S. Court of Appeals for the Second Circuit held that they were not in that the songs were lyrically and musically distinct


ALJ Gildea extends target date in Inv. No. 337-TA-712
  • McDermott Will & Emery
  • USA
  • February 4 2011

ALJ E. James Gildea issued an Initial Determination on February 4, 2011 moving the target date from August 22, 2011 to September 13, 2011 in Inv. No. 337-TA-712, Certain Digital Set-Top Boxes and Components Thereof


Ninth Circuit adopts lower court’s use of its own "blades of chaos" to filter out the unprotectable elements of a plaintiff’s copyright infringement claim
  • McDermott Will & Emery
  • USA
  • August 31 2011

The U.S. Court of Appeals for the Ninth Circuit adopted and affirmed the trial court’s decision that no reasonable juror could conclude that Sony’s God of War videogame contained substantially similar ideas and expression to any of the protectable elements contained in the plaintiffs’ works


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


Extraterritorial application of the Lanham Act is California Dreamin’
  • McDermott Will & Emery
  • USA
  • August 27 2010

The U.S. Court of Appeals for the Ninth Circuit intervened in a battle between two “Beach Boys” involving Lanham Act claims and California right of publicity claims, concluding in a case in which the plaintiff alleged conduct occurring in Great Britain affected U.S. commerce


Ravens’ fair use defense won’t fly
  • McDermott Will & Emery
  • USA
  • October 28 2010

The U.S. Court of Appeals for the Fourth Circuit, reversing the district court, found that the NFL’s Baltimore Ravens’ unauthorized use of its previously adjudicated infringing logo design in highlight film was not a fair use


Digital music downloads are not public performances
  • McDermott Will & Emery
  • USA
  • October 28 2010

The U.S. Court of Appeals for the Second Circuit, affirming a district court, found that a download of a musical work does not constitute a public performance of that work. In that same case, the court vacated the district court’s assessment of license fees


Exotic dancing attire may be inherently distinctive, but the Chippendales "Cuffs & Collar" costume is not
  • McDermott Will & Emery
  • USA
  • October 28 2010

Addressing whether the well-known Chippendales "Cuffs & Collar" costume is inherently distinctive for adult entertainment services, the U.S. Court of Appeals for the Federal Circuit affirmed the refusal to register the mark, finding that the costume was not inherently distinctive, but is a "mere variant or refinement" of the Playboy Bunny costume


Broad but definite license agreement on Eminem masters means $$
  • McDermott Will & Emery
  • USA
  • October 28 2010

The U.S. Court of Appeals for the Ninth Circuit, reversing a district court decision, held that Eminem’s record label improperly calculated royalties in connection with the exploitation of Eminem’s sound recordings as digital downloads and ringtones