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Copyright Infringement Appeals Dismissal With Prejudice

McDermott Will & Emery

Fourth Estate Redux: Dismissal for Lack of Registration Not on the Merits

McDermott Will & Emery on

In the latest development of a complicated eight-year court battle regarding a copyright infringement claim, the US Court of Appeals for the First Circuit vacated and remanded the district court’s dismissal on claim...more

McDermott Will & Emery

Ricky Martin’s “Vida” Lives On, but Plaintiff Will Get Another Shot at It

Addressing whether a copyright infringement claim should be dismissed with prejudice where the plaintiff failed to register his copyright prior to filing the lawsuit, the US Court of Appeals for the First Circuit held that...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

McDermott Will & Emery

Dismissal but No Fees for Innocent BitTorrent Defendant - Killer Joe Nevada, LLC v. Leaverton

McDermott Will & Emery on

Addressing whether a copyright infringement action based solely on IP addresses is frivolous or unreasonable, such that attorneys’ fees should be awarded upon dismissal, the U.S. Court of Appeals for the Eighth Circuit...more

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