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Results: 1-10 of 25

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

Fleeting use of work in historic display is fair use

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 5 2014

In deciding the latest dispute in an ongoing battle over the Baltimore Ravens “Flying B” logo, the U.S. Court of Appeals for the Fourth Circuit

Touchdown for video game producer over football players false endorsement claim

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 29 2013

Revisiting the issue of how trademark and similar rights under the Lanham Act are balanced against First Amendment rights, the U.S. Court of Appeals

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

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

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

Experience Jimi Hendrix, post-mortem publicity rights

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 28 2014

The U.S. Court of Appeals for the Ninth Circuit, reversing a district court's ruling finding unconstitutional the provisions of the Washington

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

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

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