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Breach of Contract › Copyright Litigation › Appeals

Fenwick & West LLP

Ninth Circuit Pumps Brakes on Character Copyright Claim over Action Movie Car

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In a new precedential decision, the Ninth Circuit Court of Appeals held in Carroll Shelby Licensing, Inc. v. Halicki that “Eleanor,” a stable of Ford Mustangs that appears across four action films, is not a copyrightable...more

Loeb & Loeb LLP

Carroll Shelby Licensing, Inc. v. Halicki

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Ninth Circuit holds that custom Ford Mustang called “Eleanor,” which appeared in four films from 1974 to 2000, is not entitled to character copyright protection under Towle test and that licensor of custom car design did not...more

McDermott Will & Emery

No Protectable Code: No Literal or Nonliteral Copying

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The US Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that a plaintiff failed to establish copyright protection for its software platforms, drawing a distinction between “literal” copying (direct...more

McDermott Will & Emery

District Court Does Not Have Unlimited Discretion in Assessing Reasonable Attorneys’ Fees

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Addressing attorneys’ fees in the context of a breach of contract claim, the US Court of Appeals for the 11th Circuit reversed the district court’s limited award of attorneys’ fees, finding the award inconsistent with the...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Orrick, Herrington & Sutcliffe LLP on

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

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