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Eleventh Circuit finds meta tag use actionable under the Lanham Act

  • Sutherland Asbill & Brennan LLP
  • -
  • USA
  • -
  • April 25 2008

In North Am. Med. Corp. v. Axiom Worldwide, Inc., the U.S. Court of Appeals for the Eleventh Circuit (“Eleventh Circuit”) recently affirmed a decision holding that use of trademarks in a meta tag constituted “use in commerce,” which is a requirement for invocation of the federal Lanham Act

Emergis update Federal Circuit affirms patent non-infringement decisions

  • Sutherland Asbill & Brennan LLP
  • -
  • USA
  • -
  • February 13 2008

On August 15, 2006, our previous article provided you with an update on Emergis Technologies, Inc. (“Emergis”), a Canadian company, that launched an aggressive licensing campaign for its U.S. Patent No. 6,044,362 (“the ‘362 Patent”), which allegedly covers a broad electronic invoicing and payment system

Ninth Circuit addresses standard for proving likelihood of trademark dilution

  • Sutherland Asbill & Brennan LLP
  • -
  • USA
  • -
  • January 10 2008

In a recent decision, the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) held that the U.S. District Court for the Central District of California erred in holding that use of the PERFUMEBAY mark did not create a likelihood of trademark dilution with eBay’s famous, distinctive and widely known EBAY mark

Ninth Circuit finds “linking to” and “hosting” websites does not violate copyright law

  • Sutherland Asbill & Brennan LLP
  • -
  • USA
  • -
  • April 18 2007

On March 29, 2007, the U.S. Court of Appeals for the Ninth Circuit (“9th Circuit”) interpreted the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”) to potentially provide broader protection for Internet service providers and others who provide links to andor host third-party websites