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Ninth Circuit confirms viability of "Desny" claim based on promise to pay for use of an idea

USA - May 13 2011 On May 4, 2011, the Ninth Circuit, sitting en banc, confirmed that copyright law does not preempt implied-in-fact contract claims based on a bilateral expectation that the defendant would compensate the plaintiff for the use of his or her idea....

Jennifer Lloyd Kelly.

U.S. Supreme Court enforces class action waivers in consumer arbitration agreements

USA - April 28 2011 On Wednesday April 27, 2011, the Supreme Court, by a 5-4 decision, overturned California’s refusal to enforce waivers of class action rights in consumer arbitration agreements, holding that the Federal Arbitration Act (“FAA”) preempted California’s rule....

Guinevere Jobson, Laurence F. Pulgram.

Ninth Circuit clarifies standards for keyword advertising trademark cases

USA - March 10 2011 On March 8, 2011, the Ninth Circuit in Network Automation, Inc. v. Advanced Systems Concepts, Inc., No. 10-55840, provided much needed clarification of how courts should approach cases of alleged trademark infringement involving Internet keyword advertising....

Jedediah Wakefield.