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Results: 11-20 of 57

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

Re-registration of domain name containing another’s trademark is not cybersquatting

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 31 2011

The U.S. Court of Appeals for the Ninth Circuit reversed a California district court’s holding that re-registration of a domain name containing another’s trademark violated the Anti-Cyberqsuatting Consumer Protection Act

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

Video-sharing website protected by DMCA safe harbor

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 30 2009

In 2008, the video-sharing website Veoh.com (Veoh) won two notable decisions under the “safe harbor” provisions of the Digital Millennium Copyright Act (DMCA

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

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

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

Judge finds that Apple conspired to raise e-book prices

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 12 2013

On July 10, 2013, Judge Denise Cote of the Southern District of New York issued a 160-page opinion holding that Apple conspired with five book

No “safe harbor” for BitTorrent website operator

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 30 2013

The U.S. Court of Appeals for the Ninth Circuit affirmed a summary judgment ruling in favor of seven film studios finding that the defendant induced