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Results: 1-10 of 118

Lanham Act attorneys’ fees awarded in the absence of damages
  • McDermott Will & Emery
  • USA
  • August 31 2011

The U.S. Court of Appeals for the Ninth Circuit held that even in the absence of an award of damages on a Lanham Act false advertising claim, a party can recover attorneys’ fees after obtaining an injunction that confers substantial benefit to the public


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


FTC approves final order with amerifreight: websites must disclose endorsements
  • McDermott Will & Emery
  • USA
  • May 22 2015

Earlier this year, AmeriFreight, a Georgia-based auto shipment broker, settled with the Federal Trade Commission (FTC) over charges that the company


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


New COPPA parental consent method approved by FTC
  • McDermott Will & Emery
  • USA
  • January 10 2014

The Federal Trade Commission's (FTC) amended Children's Online Privacy Protection Act (COPPA) Rule (16 CFR 312 et seq.), effective July 1, 2013


Acting General Counsel of the NLRB issues second report on social media
  • McDermott Will & Emery
  • USA
  • January 27 2012

On Wednesday, January 25, 2012, National Labor Relations Board (NLRB) acting General Counsel Lafe Solomon released a second report describing social media cases reviewed by his office


Federal Circuit affirms jury verdict of invalidity based on on-sale bar and public use
  • McDermott Will & Emery
  • USA
  • June 28 2012

Affirming the district court’s judgment, the U.S. Court of Appeals for the Federal Circuit cleared Facebook of allegations of patent infringement, finding that that the patent in suit was invalid under 35 U.S.C. 102(b) because the patentee’s product which embodied the patented subject matter was on sale and in public use more than one year before the filing of the patent


Constitutional challenge to (file sharing) damage award rebuffed
  • McDermott Will & Emery
  • USA
  • October 31 2011

The U. S. Court of Appeals for the First Circuit was less sympathetic than the district court to a Boston College graduate student who was found to have used file sharing software to distribute copyrighted music, concluding that the district court erred in reducing the damage award based on due process concerns


Ninth Circuit no friend to Winklevoss twins: Facebook settlement stands
  • McDermott Will & Emery
  • USA
  • April 29 2011

Putting what appears to be an end to a highly publicized legal battle dramatized in the movie The Social Network, the U.S Court of Appeals for the Ninth Circuit has upheld a $65 million settlement agreement made between brothers Cameron and Tyler Winklevoss, their former classmate Divya Narendra, and social-networking website Facebook and its CEO Mark Zuckerberg


Webcasting music services not “interactive” when users cannot directly control the songs they hear
  • McDermott Will & Emery
  • USA
  • September 28 2009

The U.S. Court of Appeals for the Second Circuit affirmed a district court judgment that an internet radio service was not an “interactive service” within the meaning of the Digital Millennium Copyright Act (DMCA) and hence was not liable for copyright infringement for failure to pay license fees