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FTC updates guidelines for making proper disclosures in digital advertising

McDermott Will & Emery
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USA
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April 22 2013

The U.S. Federal Trade Commission (FTC) released updated guidance on how to make online advertising and marketing disclosures "clear and conspicuous"

Intentional infringement of copyright with knowledge of copyright owner’s forum supports claim of personal jurisdiction

McDermott Will & Emery
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USA
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January 31 2013

The U.S. Court of Appeals for the Ninth Circuit, reversing a district court decision, held that an Arkansas retail company was subject to personal

A public icon: Marilyn Monroe estate loses appeal for publicity rights

McDermott Will & Emery
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USA
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October 31 2012

Addressing the issue of judicial estoppel, the U.S. Court of Appeals for the Ninth Circuit affirmed that Marilyn Monroe’s estate is estopped from asserting the late actress’ rights of publicity under California law, finding that 40 years of judicial proceedings supported the late actress being domiciled in New York at the time of her death, a state which does not recognize posthumous publicity rights

Confusing similarity goes to the dogs

McDermott Will & Emery
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USA
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August 30 2012

In an appeal from the U.S. Patent and Trademark Office Trademark Trial and Appeal Board (TTAB), the U.S. Court of Appeals for the Federal Circuit affirmed the TTAB’s decision to deny federal registration of the trademark WAGGIN’ STRIPS based on a likelihood of confusion with a pre-existing registration for the mark BEGGIN’ STRIPS

Ex-guitarist must KISS royalties goodbye to satisfy judgment

McDermott Will & Emery
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USA
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July 31 2012

In an unpublished ruling, the U.S. Court of Appeals for the Ninth Circuit held that a district court did not err in holding that former KISS guitarist Vinnie “Vinnie Vincent” Cusano must surrender KISS royalty earnings to former bandmate Gene “Gene Simmons” Klein in order to cover Klein’s attorneys’ fees from a royalty dispute Cusano lost in 2003

Fact issues preclude summary judgment in fabric design infringement suit

McDermott Will & Emery
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USA
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May 30 2012

The U.S. Court of Appeals for the Ninth Circuit recently reversed and remanded a district court’s grant of summary judgment in a copyright infringement action over fabric design, concluding that genuine issues of material fact existed with respect to access and substantial similarity

Misleading UDRP exhibits could create liability under Anticybersquatting Consumer Protection Act

McDermott Will & Emery
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USA
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April 30 2012

In an unpublished opinion, the U.S. Court of Appeals for the Fifth Circuit held that a company that allegedly redacted portions of an exhibit submitted in connection with a complaint under the Uniform Domain Name Dispute Resolution Policy (UDRP) may be liable for misrepresentation under the Anticybersquatting Consumer Protection Act (ACPA

Reverse engineering software, without more, not trade secret misappropriation in California

McDermott Will & Emery
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USA
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March 30 2012

The U.S. District Court for the Central District of California held that reverse engineering software in violation of a form end-user license agreement, without more, did not rise to the level of trade secret misappropriation

Apple’s software license restrictions not misuse

McDermott Will & Emery
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USA
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October 31 2011

The U.S. Court of Appeals for the Ninth Circuit affirmed a California district court’s holding that Apple Inc.’s software license agreement limiting use of the Mac OS X operating system to Apple computers did not constitute copyright misuse

“Dashboard” mark merely descriptive of automotive information services

McDermott Will & Emery
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USA
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July 31 2011

In a nonprecedential disposition, the U.S. Court of Appeals for the Federal Circuit affirmed a Trademark Trial and Appeal Board decision sustaining an opposition against a party’s attempted registration of the service mark DEALERDASHBOARD, on the basis that the mark is merely descriptive

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