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Results: 1-10 of 304

Two-party market: presumption of confusion and injury
  • McDermott Will & Emery
  • USA
  • August 8 2014

Clarifying applicable presumptions in Lanham Act false advertising cases, the U.S. Court of Appeals for the Second Circuit affirmed a district


Release of earnings call audio recording qualifies as fair use news reporting
  • McDermott Will & Emery
  • USA
  • February 28 2014

The U.S. Court of Appeals for the Second Circuit has concluded that when a copyrighted work itself is considered to be news, dissemination of that


Applause can come with a big price tag
  • McDermott Will & Emery
  • USA
  • March 31 2014

Paying tribute to celebrity can sometimes be an expensive proposition. A Chicago grocery store chain found this out the hard way when the U.S. Court


FTC employs SAFE WEB Act to assist Canada’s Competition Bureau
  • McDermott Will & Emery
  • USA
  • August 8 2014

On July 30, 2014, the U.S. District Court for the District of Maryland denied Aegis Mobile LLC's motion to quash a Federal Trade Commission (FTC


Statements regarding live scientific debate still subject to false advertising claim
  • McDermott Will & Emery
  • USA
  • January 29 2015

According to the U.S. Court of Appeals for the Fifth Circuit, even if scientific claims are the subject of live scientific debates, that status will


En Banc Opinion Could Set Precedent for Tied-House Laws
  • McDermott Will & Emery
  • USA
  • June 15 2017

Yesterday, the en banc (full) Ninth Circuit Court of Appeals issued the attached opinion in the case of Retail Digital Network v. Prieto, No


Second Circuit refuses to enjoin Aereo’s internet streaming of broadcast television
  • McDermott Will & Emery
  • USA
  • May 31 2013

Addressing the legality of a streaming TV service that provides internet-streaming of broadcast television programming, the U.S. Court of Appeals for


Arbitration clause can result in amending an agreement to realize its “essence”
  • McDermott Will & Emery
  • USA
  • May 31 2013

Timegate Studios, Inc. v. Southpeak Interactive, LLC et al. Due to fraudulent conduct and an "extraordinary" breach of a development agreement, the U


The appropriation artist is a Prince
  • McDermott Will & Emery
  • USA
  • May 31 2013

The U.S. Court of Appeals for the Second Circuit, in a case involving allegations, against an appropriation artist, of infringement of photographs


Criminal conviction upheld for modifying videogame console
  • McDermott Will & Emery
  • USA
  • April 30 2014

The U.S. Court of Appeals for the Sixth Circuit recently affirmed a defendant's criminal conviction under the Digital Millennium Copyright Act for