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Results: 1-10 of 304

It’s the words, not the ideas, that are copyrightable
  • McDermott Will & Emery
  • USA
  • August 29 2013

The U.S. Court of Appeals for the Seventh Circuit dismissed a lawsuit claiming that Elton John and his songwriter partner Bernie Taupin had


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


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


First Amendment Prevents Right of Publicity Claim Arising from Film About “Issues of a Public Nature”
  • McDermott Will & Emery
  • USA
  • March 30 2016

In a lawsuit involving the 2010 Oscar-winning film The Hurt Locker, the US Court of Appeals for the Ninth Circuit held that right of publicity claims


Settling the Hawkwind Trademark Flap
  • McDermott Will & Emery
  • USA
  • July 26 2017

Addressing an opposition to the trademark registration of a band name, the Trademark Trial and Appeal Board (TTAB) found the opposerthe originator


A combination of non-conclusory factual allegations satisfies Twombly for a Sherman Act 1 claim and can proceed to trial
  • McDermott Will & Emery
  • USA
  • February 28 2010

The U.S. Court of Appeals for the Second Circuit recently reversed a district court decision dismissing a complaint alleging the defendants conspired to fix prices of digital music in violation of the Sherman Act 1


Alleged breach of implied-in-fact contract for use of a television show idea not preempted by Copyright Act
  • McDermott Will & Emery
  • USA
  • July 31 2012

In vacating a district court’s grant of a motion to dismiss a breach of contract action against a television studio, the U.S. Court of Appeals for the Second Circuit held that the Copyright Act does not preempt a breach of an implied-in-fact contract that included a promise to pay for an idea


Proof of confusion essential for trademark injunction
  • McDermott Will & Emery
  • USA
  • August 27 2015

Addressing the likelihood of success requirement for injunctive relief, the U.S. Court of Appeals for the First Circuit vacated an order requiring


Burning Man Bus Not a Protected Work of Visual Art Under VARA
  • McDermott Will & Emery
  • USA
  • July 26 2016

The US Court of Appeals for the Ninth Circuit affirmed the judgment of a Nevada district court when it determined that the Visual Artists Rights Act


Use of athlete’s likeness in video game not protected by First Amendment
  • McDermott Will & Emery
  • USA
  • August 29 2013

The U.S. Court of Appeals for the Ninth Circuit Court affirmed that the First Amendment does not protect a video game developer's unauthorized use of