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Results: 1-10 of 13

Once and for all, the Pooh belongs to Disney

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 31 2013

The U.S. Court of Appeals for the Federal Circuit upheld the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board's (the Board

A recall notice directed to “6 Hour” energy shots could constitute false advertising

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 31 2012

Addressing the issue of whether a recall notice issued by a competitor constituted false advertising and anti-competitive conduct in violation of Section 2 of the Sherman Act, the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s judgment dismissing false advertising claims and affirmed the district court’s dismissal of Sherman Act claims

Halftime score: artist 1; ’bama 0

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 31 2012

Addressing the issue of trademark licensing and infringement, the United States Court of Appeals for the Eleventh Circuit affirmed in part and reversed in part a district court’s ruling that an artist who depicted the University of Alabama’s football teams in paintings had infringed on the university’s trademarks, the appellate court finding the artist’s works were protected by the First Amendment as artistic expression that only used the trademarks as necessary to artistically depict famous football images and therefore did not infringe the university’s trademarks

WIPO refuses to order the transfer of worldcup2011.com to the International Rugby Board

  • McDermott Will & Emery
  • -
  • Global
  • -
  • January 12 2012

In Rugby World Cup Ltd v Andreas Gyrre WIPO D2011-1520 (1 November 2011) sole panellist Robert Badgely dismissed the complaint by the International Rugby Board (IRB) against ticket reseller Euroteam AS on the basis that the domain name could not be considered confusingly similar to the IRB’s trade marks RUGBY WORLD CUP and RUGBY WORLD CUP 2011, essentially because the dominant term “rugby” was lacking in the domain name

Court of Justice of the European Union provides further guidance on circumstances in which keyword advertising constitutes trademark infringement

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • October 31 2011

The Court of Justice of the European Union has provided further guidance on circumstances in which use of a registered trademark as a keyword in internet advertising by a third party advertiser may constitute trademark infringement

.xxx domain names to become available from September 2011

  • McDermott Will & Emery
  • -
  • Global
  • -
  • June 15 2011

The Internet Corporation for Assigned Names and Numbers recently approved the use of the .xxx suffix as a top-level domain name space, to be used by the online adult entertainment industry

Boop-oop-a-doop oops! Family of Betty Boop creator loses infringement claims due to flawed chain of title

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

The U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s holding that the family of the creator of the 1930s cartoon character Betty Boop lacked the requisite copyright or trademark rights to prevent a company from selling merchandise featuring the Betty Boop image

Formula One Licensing BV v OHIM: losing distinctiveness

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • March 31 2011

In Formula One Licensing BV v OHIM 2011 unreported, the General Court of the European Union has held that the combination of "F" and "1" would be perceived as an abbreviation of "Formula 1" and descriptive of racing cars and races

The Olympics, Paralympics and London Olympics Association Rights: remedies for infringement

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • November 30 2010

The Olympics, Paralympics and London Olympics Association Rights (Infringement Proceedings) Regulations 20102477 set out the remedial orders that a court can make, with effect from 8 November 2010, in relation to goods, materials or articles that infringe the London Olympics association right (LOAR

Exotic dancing attire may be inherently distinctive, but the Chippendales "Cuffs & Collar" costume is not

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

Addressing whether the well-known Chippendales "Cuffs & Collar" costume is inherently distinctive for adult entertainment services, the U.S. Court of Appeals for the Federal Circuit affirmed the refusal to register the mark, finding that the costume was not inherently distinctive, but is a "mere variant or refinement" of the Playboy Bunny costume