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Exotic dancing attire may be inherently distinctive, but the Chippendales "Cuffs & Collar" costume is not
- McDermott Will & Emery
- -
- USA
- -
- October 28 2010
Addressing whether the well-known Chippendales "Cuffs & Collar" costume is inherently distinctive for adult entertainment services, the U.S. Court of Appeals for the Federal Circuit affirmed the refusal to register the mark, finding that the costume was not inherently distinctive, but is a "mere variant or refinement" of the Playboy Bunny costume
Extraterritorial application of the Lanham Act is California Dreamin’
- McDermott Will & Emery
- -
- USA
- -
- August 27 2010
The U.S. Court of Appeals for the Ninth Circuit intervened in a battle between two “Beach Boys” involving Lanham Act claims and California right of publicity claims, concluding in a case in which the plaintiff alleged conduct occurring in Great Britain affected U.S. commerce
The Olympics, Paralympics and London Olympics Association Rights: remedies for infringement
- McDermott Will & Emery
- -
- United Kingdom
- -
- November 30 2010
The Olympics, Paralympics and London Olympics Association Rights (Infringement Proceedings) Regulations 20102477 set out the remedial orders that a court can make, with effect from 8 November 2010, in relation to goods, materials or articles that infringe the London Olympics association right (LOAR
Tank top tussle Britney Spears as an indicator of delicious confusion
- McDermott Will & Emery
- -
- USA
- -
- September 30 2010
In a decision highlighting the fact-intensive nature of trademark disputes, the U.S. Court of Appeals for the Ninth Circuit Court reversed a grant of summary judgment but acknowledged that it was “far from certain that consumers were likely to be confused” by defendant’s use of the word DELICIOUS
FreemantleMedia Ltd and 19 TV Ltd (MODEL IDOL and POP IDOL): moderately similar marks and likelihood of confusion
- McDermott Will & Emery
- -
- United Kingdom
- -
- September 28 2010
In June 2010, the UK Intellectual Property Office (UK IPO) issued its decision in FreemantleMedia Ltd and 19 TV Ltd v James Fleming BL O 205 10
.xxx domain names to become available from September 2011
- McDermott Will & Emery
- -
- Global
- -
- June 15 2011
The Internet Corporation for Assigned Names and Numbers recently approved the use of the .xxx suffix as a top-level domain name space, to be used by the online adult entertainment industry
Formula One Licensing BV v OHIM: losing distinctiveness
- McDermott Will & Emery
- -
- European Union
- -
- March 31 2011
In Formula One Licensing BV v OHIM 2011 unreported, the General Court of the European Union has held that the combination of "F" and "1" would be perceived as an abbreviation of "Formula 1" and descriptive of racing cars and races
Boop-oop-a-doop oops! Family of Betty Boop creator loses infringement claims due to flawed chain of title
- McDermott Will & Emery
- -
- USA
- -
- March 31 2011
The U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s holding that the family of the creator of the 1930s cartoon character Betty Boop lacked the requisite copyright or trademark rights to prevent a company from selling merchandise featuring the Betty Boop image
WIPO refuses to order the transfer of worldcup2011.com to the International Rugby Board
- McDermott Will & Emery
- -
- Global
- -
- January 12 2012
In Rugby World Cup Ltd v Andreas Gyrre WIPO D2011-1520 (1 November 2011) sole panellist Robert Badgely dismissed the complaint by the International Rugby Board (IRB) against ticket reseller Euroteam AS on the basis that the domain name could not be considered confusingly similar to the IRB’s trade marks RUGBY WORLD CUP and RUGBY WORLD CUP 2011, essentially because the dominant term “rugby” was lacking in the domain name
Court of Justice of the European Union provides further guidance on circumstances in which keyword advertising constitutes trademark infringement
- McDermott Will & Emery
- -
- European Union
- -
- October 31 2011
The Court of Justice of the European Union has provided further guidance on circumstances in which use of a registered trademark as a keyword in internet advertising by a third party advertiser may constitute trademark infringement
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