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Illinois court finds contest sponsor's unauthorized use of entrant's image violated Illinois right of Publicity Act

Winston & Strawn LLP
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USA
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April 15 2013

An Illinois Appellate Court recently reversed a lower court's grant of summary judgment and awarded statutory damages, finding that McHenry County

Whole Foods accuses Vitamin Shoppe of infringing “Health Starts Here” slogan

Winston & Strawn LLP
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USA
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July 17 2012

Whole Foods Market IP LP has filed trademark infringement claims against Vitamin Shoppe Industries Inc. in Texas federal court for allegedly infringing its HEALTH STARTS HERE trademark

Company sues White Castle over use of “JibJab” mark

Winston & Strawn LLP
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USA
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June 5 2012

JibJab Media Inc., an online greeting card company, recently sued White Castle Management Co. over White Castle's recent social media campaign to promote its new line of chicken rings

Second Circuit partially vacates the district court's order in Viacom v. YouTube

Winston & Strawn LLP
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USA
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May 24 2012

In the ongoing, high-stakes case between Viacom and YouTube, the U.S. Court of Appeals for the Second Circuit recently held that the district court erred in granting summary judgment to YouTube on the grounds that YouTube is entitled to infringement liability protection pursuant to the safe harbor provisions of the Digital Millennium Copyright Act (DMCA

Request for preliminary injunction against aphrodisiac maker denied

Winston & Strawn LLP
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USA
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March 22 2012

A judge for the United States District Court for the Southern District of California denied a motion for Preliminary Injunction against Natural Balance, Inc., the manufacturer of a dietary supplement for men called "Cobra Sexual Energy."

Nationwide class certification denied in Emergen-C false advertising suit

Winston & Strawn LLP
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USA
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March 21 2012

A federal judge for the Central District of California has denied class certification to a group of plaintiffs from all 50 states in a purported class action false advertising suit against Alacer Corp., the maker of Emergen-C drink mix

Company sues Justin Bieber over company's "joustin' beaver" app

Winston & Strawn LLP
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USA
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February 29 2012

RC3, Inc., a mobile application development company, created "Joustin' Beaver," a mobile application available for download on smartphones and tablets

Southwest sues Hilton for use of Southwest customer personal information

Winston & Strawn LLP
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USA
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February 13 2012

Southwest Airlines Co. recently filed a complaint against Hilton Worldwide, Inc. alleging that Hilton breached its contract with Southwest by sending marketing emails to a list of Southwest customers provided to Hilton in connection with Hilton’s partnership with Southwest’s Rapid Rewards program

CDA found inapplicable to use of names and likenesses in Facebook's sponsored ads

Winston & Strawn LLP
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USA
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February 10 2012

A putative class action was filed against Facebook alleging that Facebook unlawfully misappropriated the plaintiffs' names, photographs, and likenesses for use in paid "Sponsored Stories" without first obtaining the plaintiffs' consent

Supreme Court upholds extension of copyright protection to works by foreign artists previously in public domain

Winston & Strawn LLP
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USA
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February 9 2012

In Golan v. Holder, the Supreme Court recently held that the removal of certain works from the public domain by Congress does not infringe free speech rights under the First Amendment

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