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Results: 11-20 of 50

Nothing non-obvious about applying pre-existing technology to the Internet

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 28 2013

Addressing the issue of obviousness of patents directed to Internet-based software, the U.S. Court of Appeals for the Federal Circuit reversed a

“.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

Ninth Circuit no friend to Winklevoss twins: Facebook settlement stands

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 29 2011

Putting what appears to be an end to a highly publicized legal battle dramatized in the movie The Social Network, the U.S Court of Appeals for the Ninth Circuit has upheld a $65 million settlement agreement made between brothers Cameron and Tyler Winklevoss, their former classmate Divya Narendra, and social-networking website Facebook and its CEO Mark Zuckerberg

Curbing online piracy - rethinking strategy?

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 30 2007

In April 2006, Ms. Jammie Thomas was sued by the Recording Industry Association of America for copyright infringement after more than 1700 music files were traced to a computer used by her

Registration requirement does not restrict a subject-matter jurisdiction over infringement claims involving unregistered works

  • McDermott Will & Emery
  • -
  • USA
  • -
  • March 31 2010

In a unanimous decision, the Supreme Court of the United States held that although the Copyright Act’s registration requirement, 17 U.S.C. 411(a), is a precondition to filing a copyright infringement claim, a copyright holder’s failure to comply with that requirement does not restrict a federal court’s subject-matter jurisdiction over infringement claims involving unregistered works

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

A combination of non-conclusory factual allegations satisfies Twombly for a Sherman Act 1 claim and can proceed to trial

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 28 2010

The U.S. Court of Appeals for the Second Circuit recently reversed a district court decision dismissing a complaint alleging the defendants conspired to fix prices of digital music in violation of the Sherman Act 1

Hotels and online travel companies move to throw out class action suit

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 24 2013

Last week, a group of hotels and online travel companies moved to dismiss an amended class action complaint alleging that they engaged in a

Counterfeits beyond Canal StreetSecond Circuit updates personal jurisdiction in the internet commerce context

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 30 2010

In a victory to trademark owners battling online counterfeiters, the U.S. Court of Appeals for the Second Circuit held that the sale and shipment into New York of one counterfeit product, coupled with defendant’s interactive website selling counterfeit goods, was sufficient to establish personal jurisdiction over the defendants in the trademark owner’s home state of New York

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