Search results

Order by most recent / most popular / relevance

Results: 1-10 of 41

KSR obviousness and BMC joint infringement revisited

McDermott Will & Emery
-
USA
-
July 30 2008

Taking the opportunity to speak to a pair of patent doctrines that were the subject of “disruptive” opinions last year (and that are still in the process of being fully fleshed out), a panel of the U.S. Court of Appeals for the Federal Circuit reversed a jury verdict finding infringement and validity, rejecting the theory of joint infringement absent a single party exercising “control or direction” over the infringement and found claims directed to a method of using the internet to conduct a bond auction to be obvious under KSR

Not so fast eBay analysis extended to preliminary injunctions in trademark cases

McDermott Will & Emery
-
USA
-
May 31 2008

The U.S. Court of Appeals for the Eleventh Circuit evaluated the trademark significance of using a competitor’s trademarks in internet meta-tags, as well as the evolving standard for granting preliminary injunctions in trademark infringement actions in determining that a defendant’s use of plaintiff’s trademarks as a meta-tag was actionable and likely to cause confusion

Copyright registrations can be invalidated based on intentional misrepresentations of originality

McDermott Will & Emery
-
USA
-
August 31 2009

Addressing the inter-related issues of cyberpiracy, copyright infringement and trademark infringement, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s ruling that a website was owned by the employer but the copyright was invalid because the employer misrepresented the former employee’s contribution to that website

Statutory damages: foreign works and the U.S. live broadcast exemption

McDermott Will & Emery
-
USA
-
September 16 2009

In a class action led by the Football Association Premier League (FAPL) and U.S. music publishers Bourne against YouTube and its owners Google (The FAPL v YouTube Inc. (US District Court Southern District of New York)) filed on 4 May 2007, a U.S. District Court judge held that, because the FAPL did not register its broadcasts of Premier League matches with the US Copyright Office, it cannot claim statutory damages under the US Copyright Act against YouTube in respect of allegedly copyright infringing material uploaded by users to the video sharing site

KSR based renewed motion on obviousness is a winner

McDermott Will & Emery
-
USA
-
February 26 2009

The U.S. Court of Appeals for the Federal Circuit affirmed a district court grant of a post-KSR renewed summary judgment on obviousness (after denying a pre-KSR motion

Parody, political speech and bad faith

McDermott Will & Emery
-
USA
-
September 16 2009

In Sutherland Institute v Continuative LLC WIPO D2009-0693 (10 July 2009) sole World Intellectual Property Organization (WIPO) panellist Frederick M Abbott refused to find bad faith in the use by a group of gay activists of a domain name identical to the service mark of a "conservative think tank" on a parody site

“.com” does not convert a generic term into a brand name

McDermott Will & Emery
-
USA
-
August 31 2009

The U.S. Court of Appeals for the Federal Circuit recently affirmed a decision by the Trademark Trial and Appeal Board, refusing registration of the mark “hotels.com” because it is generic

“Objectionable material” under CDA means more than just porn

McDermott Will & Emery
-
USA
-
August 31 2009

The U.S. Court of Appeals for the Ninth Circuit has confirmed that the safe harbor provisions of the Communications Decency Act (CDA) apply to screening or blocking software and cover more then just pornography; they cover spyware as well

Fifth Circuit speaks out again on venue transfers

McDermott Will & Emery
-
USA
-
March 31 2009

The Fifth Circuit denied a petition for writ of mandamus to direct transfer of a case from the U.S. District Court for the Northern District of Texas to the U.S. District Court for the Northern District of California, notwithstanding a forum selection clause between the parties that designated California

Internet specimens of use need not include pictures of the goods to show bona fide use in commerce

McDermott Will & Emery
-
USA
-
January 30 2010

The U.S. Court of Appeals for the Federal Circuit recently reversed a Trademark Trial and Appeal Board (TTAB) decision requiring that webpage specimens of use must include a picture of the goods

next >