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The Copyright Act › Trade Dress

McDermott Will & Emery

Lanham Act Liability May Apply to Copyrighted Material

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The US Court of Appeals for the Ninth Circuit found that liability under the Copyright Act and liability under the Lanham Act are not mutually exclusive and that liability under the Copyright Act does not negate trade dress...more

McDermott Will & Emery

Tableware Designer Gets Heavenly Results on Its Pearly Plates

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The US Court of Appeals for the Fifth Circuit reversed a district court decision, reversing the dismissal of a copyright claim based on lack of standing and finding ownership of the copyright in the claimant based on an...more

Dunlap Bennett & Ludwig PLLC

The Board Game Designers Guide to US Intellectual Property Law Cont. - Part 2

Dunlap Bennett & Ludwig PLLC on

While board games, as well as game boards, parts, and certain methods of play, can be patented if they fulfill the strict requirements listed above, it is usually impractical to try and get a patent for a tabletop game. ...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

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