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Substantially Similar Appeals

Dorsey & Whitney LLP

The Rook vs. Deschain: Superficial Similarities or Superhero Copycat?

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In the 1970s, William DuBay created the comic book character, Restin Dane, also known by his superhero alter ego, “The Rook.” Dane, a wealthy scientist and inventor residing in an Arizona house shaped like a rook chess piece,...more

McDermott Will & Emery

Jersey Boys Don’t Cry: No Copyright Protection for Facts “Based on a True Story”

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The US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of judgment as a matter of law finding that the musical Jersey Boys did not infringe a copyright held in an autobiography of band member Tommy...more

McDermott Will & Emery

Bugs in Space? Star Trek Plotline Does Not Infringe Tardigrade Video Game

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The US Court of Appeals for the Second Circuit affirmed a district court’s pleadings-stage determination that certain Star Trek: Discovery characters and plotlines did not infringe copyrighted elements of a video game because...more

McDermott Will & Emery

Ninth Circuit Shows Led Zeppelin a Whole Lotta Love in ‘Stairway’ Copyright Win

Ruling en banc, the US Court of Appeals for the Ninth Circuit reinstated a 2016 jury verdict, finding that the rock band Led Zeppelin and the opening notes of its hit song “Stairway to Heaven” did not infringe the 1967 song...more

White & Case LLP

Federal Circuit Alters Landscape for Design Patent Litigation

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White & Case Technology Newsflash - Intellectual property litigants may be increasingly addressing design patents. Design patent litigation may be getting lengthier, and this may result in the filing of more design patent...more

Hogan Lovells

Pirates of the Caribbean Copyright Suit Must Walk The Plank

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The Central District of California recently sank a copyright infringement lawsuit against the Walt Disney Company’s Pirates of the Caribbean film franchise, finding that numerous elements of the Plaintiffs’ allegedly similar...more

McDermott Will & Emery

Out of Fashion: Virtually Identical Arrangement of Floral Elements Sufficient to Show Striking Similarity

The US Court of Appeals for the Ninth Circuit reversed a district court’s dismissal with prejudice where a lace textile manufacture pleaded that a popular fashion retailer and other defendants infringed on the manufacturer’s...more

Knobbe Martens

In Re: Detroit Athletic Co.

Knobbe Martens on

Federal Circuit Summary - Before O’Malley, Reyna, and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary: Courts should not give too much weight to evidence purporting to show a lack of actual confusion...more

Jones Day

Jones Day Talks Intellectual Property: Blurrier Lines and Narrow Grounds—Implications of the Ninth Circuit’s Blurred Lines...

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When does inspiration turn into copyright infringement? The line is getting blurrier. Jones Day’s Meredith Wilkes, Anna Raimer, and Aryane Garansi explain how the Ninth Circuit’s decision—on “narrow grounds”—in the Blurred...more

Knobbe Martens

Trademark Review | August 2015

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The Redskins Lose Again (Off the Field)- A federal District Court affirmed the Trademark Trial and Appeal Board’s (TTAB) ruling that “Redskins” cannot be registered as a trademark for use in connection with a...more

McDermott Will & Emery

Could the Bieb Be a Copyright Infringer? - Copeland et al. v. Bieber et al.

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The U.S. Court of Appeals for the Fourth Circuit vacated a district court decision dismissing a copyright infringement claim in a case involving a copyrighted song and a later recording by Justin Bieber concluding that that...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

SC19151, SC19158 - Weiss v. Smulders - Plaintiff sued the defendant claiming it violated an oral agreement to form a new company by merging their existing companies as a joint venture to sell food products. After a...more

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