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Results: 1-10 of 51

Keeping confusion and dilution at bay

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • December 28 2007

Deciding whether various forms of the trademark “Perfumebay” infringe upon the trademark “eBay,” the U.S. Court of Appeals for the Ninth Circuit upheld the district court’s finding that the trademark “perfumebay” was likely to be confused with “eBay,” and affirmed an injunction barring the use of “conjoined forms” of the mark

Commission envisages European Single Market for online music, films and games

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • January 18 2008

The European Commission has adopted a communication on "Creative Content Online in Europe's Single Market", identifying several actions to be taken at EU level

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

Criticism sites and free speech

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • July 30 2008

In the recent case of Patel v Allos Therapeutics Inc (2062008, unreported), the legitimacy of using trade marks in domain names for websites that criticise the activities of the trade mark holder was called into question

No disclosure of personal data in civil proceedings

  • McDermott Will & Emery
  • -
  • European Union, Spain
  • -
  • February 1 2008

Promusicae, a Spanish collecting society holding exploitation rights to musical and audiovisual recordings, was seeking an order before a Spanish court to require Telefónica to disclose the identities and addresses of certain of its customers

Communication on Creative Content Online in the Single Market

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • January 31 2008

On 3 January 2008, the European Commission adopted a Communication on Creative Content Online in the Single Market (COM (2007) 836 final

Technology to avoid disputes between search engines and newspapersthe ACAP project

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • January 31 2008

ACAP (Automated Content Access Protocol) is a technology that was launched on 29 November 2007 “as a workable, nonproprietary global permissions tool to facilitate the relationship between content owners and search engines”

Commission completes impact assessment of online music recommendation

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • February 15 2008

As a result of its recent assessment, the European Commission has concluded that Recommendation 2005737EC on collective cross-border management of copyright and related rights for legitimate online music services has, indeed, had an impact on the licensing marketplace and is endorsed by a number of right-holders, rights managers and music users

Myspace.co.uk use or abuse?

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • March 31 2008

In the recent case of MySpace Inc. v Total Web Solutions Ltd 2008 DRS 04962 (22 January 2008), MySpace Inc. won the right to the domain name myspace.co.uk despite the fact that another company, Total Web Solutions (TWS), registered it six years before the social networking site was founded

Illegal downloaders to face UK broadband ban

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • March 31 2008

Internet Service Providers (ISPs) and the UK Government are currently considering various possibilities to curb the illegal peer to peer file sharing of copyrighted material

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