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Results: 1-10 of 22

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

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

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

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

Microsoft’s “SkyDrive” held to infringe Sky’s UK and Community trade marks

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • July 31 2013

On 28 June 2013, the High Court of England and Wales held in British Sky Broadcasting Group plc and others v Microsoft Corporation and another 2013

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

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

Halftime score: artist 1; ’bama 0

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 31 2012

Addressing the issue of trademark licensing and infringement, the United States Court of Appeals for the Eleventh Circuit affirmed in part and reversed in part a district court’s ruling that an artist who depicted the University of Alabama’s football teams in paintings had infringed on the university’s trademarks, the appellate court finding the artist’s works were protected by the First Amendment as artistic expression that only used the trademarks as necessary to artistically depict famous football images and therefore did not infringe the university’s trademarks

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

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