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Article

McDermott Will & Emery | USA | 27 Dec 2012

40-year delay smacks down monetary damages, but not permanent injunction, in fraternity and sorority trademark suit against paddle manufacturer

Assessing a delay of more than 40 years by college fraternal organizations in enforcing their trademarks against an unauthorized user, the U. S. Court of

Article

McDermott Will & Emery | USA | 29 Nov 2012

Supreme Court hears oral arguments in gray-market copyright case

Undaunted by an approaching hurricane that had already shut down the federal government, public transportation and nearly all of the rest of Washington, D.C., the U.S. Supreme Court on October 29, 2012, heard oral arguments in a copyright case involving the unauthorized resale in the United States of foreign versions of textbooks originating from U.S. publishers.

Article

McDermott Will & Emery | USA | 30 Mar 2012

Sony is the new “King of the Road”

Considering whether musician Roger Miller’s widow or a music publishing company owned his music catalog, including the hit song “King of the Road,” the U.S. Court of Appeals for the Sixth Circuit reversed a lower court’s decision that found the publishing company liable for copyright infringement thereby vacating an award of almost $1 million in damages.

Article

McDermott Will & Emery | USA | 30 Sep 2011

Ninth Circuit declares that “the king” is dead (in copyright cases)

Merely weeks after a separate panel considered the impact of the Supreme Court’s 2006 ruling in the patent infringement case eBay Inc. v. MercExchange, L.L.C. on copyright casesPerfect 10 Inc. v. Google Inc., Case No. 10-56316 (9th Cir., Aug. 3, 2011)the U.S. Court of Appeals for the Ninth Circuit once again held that held that irreparable harm may no longer be presumed upon showing a likelihood of success when seeking preliminary or permanent injunctive relief in copyright infringement cases.

Article

McDermott Will & Emery | USA | 31 Aug 2011

eBay abrogates presumption of irreparable harm in copyright cases in Ninth Circuit

Considering the impact of the Supreme Court’s 2006 ruling in the patent infringement case eBay Inc. v. MercExchange, L.L.C. on copyright cases, the U.S. Court of Appeals for the Ninth Circuit Court held that irreparable harm may no longer be presumed upon showing a likelihood of success when seeking preliminary or permanent injunctive relief in copyright infringement cases.

Article

McDermott Will & Emery | USA | 30 Jun 2011

Second Circuit revives copyright infringement suit against non-resident for uploading copyrighted material online

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.

Article

McDermott Will & Emery | USA | 28 May 2011

Idea submission case involving “ghost hunters” television series not preempted by copyright law

In a 7-4 decision, the U.S. Court of Appeals for the Ninth Circuit held, en banc, that a writer sufficiently stated an implied contract claim, not preempted by copyright law, where a plaintiff alleged a bilateral expectation that the plaintiff would be compensated by defendant for use of plaintiff’s idea.

Article

McDermott Will & Emery | USA | 28 May 2011

Bridal shop loses trademark rights for naked licensing

Considering whether a family-operated bridal clothing business exercised sufficient quality control over services rendered under their trademarks to survive an abandonment challenge, the U.S. Court of Appeals for the Seventh Circuit held that the plaintiff did not, despite the fact that the plaintiff had no reason to doubt the standards employed by its licensee.

Article

McDermott Will & Emery | USA | 29 Apr 2011

“Situs of the injury” for exercising personal jurisdiction over defendant for online copyright infringement is location of copyright owner

In a decision favorable to copyright owners based in the state of New York, the New York State Court of Appeals held that in copyright infringement cases involving the uploading of copyrighted literary works onto the internet, the situs of the injury for purposes of determining personal jurisdiction under New York's long-arm jurisdiction statute is the location of the copyright holder and not the location of the infringing conduct.

Article

McDermott Will & Emery | USA, India | 29 Apr 2011

No standing if plaintiff’s exclusive rights were limited in time

Evaluating ownership of a sound recording under both the Indian Copyright Act and U.S. Copyright Act, the U.S. Court of Appeals for the Eleventh Circuit upheld a district court’s grant of summary judgment to defendants in a copyright infringement action, finding that the plaintiff lacked standing to sue because the underlying agreement granted exclusive rights that were limited in time.

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