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Results: 1-10 of 25

No presumption, but inference of irreparable harm permissible under Lanham Act

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 29 2015

Addressing interpretation of advertising claims when the packaging or label unambiguously defines a claim term and an inference of irreparable harm

Court of Appeal of England and Wales confirms that figurative CTM for “NOW” is descriptive and invalid

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • December 16 2013

In Starbucks (HK) Ltd and others v British Sky Broadcasting Group plc and others 2013 EWCA Civ 1465, the Court of Appeal of England and Wales

First Amendment protects use of third-party’s trademark in video game

  • McDermott Will & Emery
  • -
  • USA
  • -
  • December 30 2014

Confirming that video games, including customizable multi-player games, qualify as expressive works entitled to First Amendment protection, a

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

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

Second Circuit revives trademark suit against Oprah Winfrey

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 27 2013

Vacating a district court’s grant of a motion to dismiss a trademark infringement claim against defendants Oprah Winfrey, Harpo, Inc. and Harpo

CJEU upholds decision rejecting CTM application for PHOTOS.COM

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • March 17 2014

In Getty Images (US) Inc v OHIM C-7013 P, the Court of Justice of the European Union (CJEU) has upheld an EU General Court decision rejecting a

Holy non-infringement, Batman!

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 1 2014

The U.S Court of Appeals for the Seventh Circuit affirmed the dismissal of a trademark infringement claim, finding that a real computer software

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