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Supreme Court Grants Certiorari in Trademark License Case
  • Weil Gotshal & Manges LLP
  • USA
  • November 12 2018

The Supreme Court recently granted certiorari in the case of Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), a First

Third Circuit Permits ADEA “Subgroup” Claims
  • Proskauer Rose LLP
  • USA
  • February 16 2017

The Third Circuit recently held in Karlo v. Pittsburgh Glass Works, LLC, No. 15-3435, 2017 WL 83385 (3d Cir. Jan. 10, 2017), that workers in their

Is Music Sampling Back En Vogue?
  • Dorsey & Whitney LLP
  • USA
  • July 12 2016

The mere mention of Madonna conjures many images and associations: feminism, reinvention, Kabbala, the cone bra, and her many memorable performances

VMG Salsoul, LLC v. Madonna Louise Ciccone, et al.: Why a Bright Line Infringement Rule for Sound Recordings is no Longer in Vogue
  • Venable LLP
  • USA
  • June 28 2016

In Bridgeport Music v. Dimension Films, the Sixth Circuit eliminated the "de minimis" use exception, which excused a trivial amount of copying, as

Eighth Circuit rules that a “perpetual” trademark licensing agreement is an “executory” contract subject to rejection under Bankruptcy Code Section 365
  • Cadwalader Wickersham & Taft LLP
  • USA
  • November 19 2012

The United States Court of Appeals for the Eighth Circuit recently ruled that a perpetual, royalty-free, and exclusive trademark licensing agreement qualified as an executory contract subject to assumption or rejection under section 365 of the Bankruptcy Code.

Decisions on trademark licenses in a licensor bankruptcy reinforce circuit split
  • Hogan Lovells
  • USA
  • October 25 2012

The U.S. Courts of Appeal for the Seventh and Eighth Circuits came to different conclusions in deciding the right of a trademark licensee to continue using the licensed mark after rejection or attempted rejection of the trademark license by a bankrupt licensor.

Autodesk still owns your software
  • Foley Hoag LLP
  • USA
  • October 21 2011

On October 3, 2011 the U.S. Supreme Court declined a request to grant certiorari in Vernor v. Autodesk.

Secured lenders have a right to credit bid in bankruptcy -- at least in the Seventh Circuit
  • Porter Wright Morris & Arthur LLP
  • USA
  • August 2 2011

Breaking with the Third Circuit and the Fifth Circuit, on June 28, 2011, the Seventh Circuit held that a debtor's plan of reorganization that provides for the sale of the debtor's assets free and clear of an existing security interest may only be confirmed over the objection of its secured creditor if the plan's sale procedure permits the secured creditor to credit bid its secured debt for the assets being sold.

Supreme Court strikes down Vermont prescriber privacy law
  • Hunton Andrews Kurth LLP
  • USA
  • June 23 2011

On June 23, 2011, in a 6-3 decision, the United States Supreme Court ruled in IMS Health Inc. v. Sorrell that a Vermont law that prohibited the sale of prescriber-identifiable data to drug companies was an unconstitutional violation of the First Amendment right to free speech.

Creating a circuit split, the Second Circuit rejects "independent economic value" test
  • McDermott Will & Emery
  • USA
  • June 30 2010

The U.S. Court of Appeals for the Second Circuit rejected the “independent economic value” test adopted by four other circuits and upheld an award of statutory damages for copyright infringement of music on a per-album basis, not a per-song basis.