News & Analysis as of

Preliminary Injunctions Copyright Appeals

McDermott Will & Emery

Standard Practice: The Public Has Right to Copyrighted Material Incorporated Into Law

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In a case that attracted a slew of amicus curiae participation and was the most recent in the series of American Society for Testing and Materials (ASTM) copyright cases, the US Court of Appeals for the District of Columbia...more

McDermott Will & Emery

Novel Derivative Sovereign Immunity Defense Struck as Forfeited

The US Court of Appeals for the Sixth Circuit affirmed a district court decision implementing a preliminary injunction and striking a new defense first asserted in an amended complaint as untimely and frivolous. ACT, Inc. v....more

McDermott Will & Emery

Copyright Claim in Digital Message Format Fizzles Out

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The US Court of Appeals for the Third Circuit found that digital message formats and messages generated using those formats were not copyrightable and thus vacated a preliminary injunction against an alleged infringer...more

McDermott Will & Emery

Counterfeit Dealer Gets Smoked in Trademark Preliminary Injunction Proceeding

The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction barring the defendant from selling counterfeit e-cigarette and vaping products bearing the plaintiff’s logo because the plaintiff’s psychoactive...more

McDermott Will & Emery

Change the Look of the Room: Appeal Transferred to Federal Circuit

The US Court of Appeals for the Second Circuit transferred an appeal of a preliminary injunction enjoining alleged copyright and trademark infringement to the US Court of Appeals for the Federal Circuit because the operative...more

McDermott Will & Emery

That’s Bananas: Third Circuit Examines Copyright Protection Under Star Athletica

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Applying the Supreme Court of the United States’ 2017 decision in Star Athletica v. Varsity Brands regarding the copyrightability of non-utilitarian sculptural design features (IP Update, Vol. 20, No. 4), the US Court of...more

McDermott Will & Emery

That’s All He Wrote: Copyright Owners No Longer Enjoy Presumption of Irreparable Harm

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Addressing for the first time the issue of whether a presumption of irreparable harm should apply in copyright infringement cases, the US Court of Appeals for the Third Circuit held that it did not, aligning the rule for...more

Proskauer Rose LLP

Three Point Shot - December 2016

Proskauer Rose LLP on

In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name - In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more

Katten Muchin Rosenman LLP

The Katten Kattwalk - Issue 08

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Letter From the Editor - Fashion Week has come and...more

McDermott Will & Emery

No Copyright in Individual Contributions to a Film - 16 Casa Duse, LLC v. Merkin

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Citing the U.S. Court of Appeals Ninth Circuit’s recent en banc decision in Garcia v. Google (IP Update, Vol. 18, No. 6), the United States Court of Appeals for the Second Circuit affirmed a summary judgment ruling that...more

McDermott Will & Emery

Copyright Law Unavailable for Removal of Anti-Islam Video - Cindy Lee Garcia v. Google Inc. et al.

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Overturning a hotly debated district court decision, in a case involving numerous amicus curiae briefs, the en banc Court of Appeals for the Ninth Circuit affirmed a district court’s denial of a motion for a preliminary...more

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