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Results: 1-10 of 88

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

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

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

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

Commission to intervene in French online selective distribution dispute

  • McDermott Will & Emery
  • -
  • European Union, France
  • -
  • May 15 2009

The European Commission is preparing to submit comments before the Paris Court of Appeal in a case brought by cosmetic manufacturer Pierre Fabre Dermo-cosmétique (Pierre Fabre) against a French Competition Authority decision

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

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