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Tank top tussle Britney Spears as an indicator of delicious confusion
- McDermott Will & Emery
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- USA
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- September 30 2010
In a decision highlighting the fact-intensive nature of trademark disputes, the U.S. Court of Appeals for the Ninth Circuit Court reversed a grant of summary judgment but acknowledged that it was “far from certain that consumers were likely to be confused” by defendant’s use of the word DELICIOUS
Boop-oop-a-doop oops! Family of Betty Boop creator loses infringement claims due to flawed chain of title
- McDermott Will & Emery
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- USA
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- 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
Halftime score: artist 1; ’bama 0
- McDermott Will & Emery
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- USA
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- 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
A recall notice directed to “6 Hour” energy shots could constitute false advertising
- McDermott Will & Emery
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- USA
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- 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
Once and for all, the Pooh belongs to Disney
- McDermott Will & Emery
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- USA
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- 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
Extraterritorial application of the Lanham Act is California Dreamin’
- McDermott Will & Emery
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- USA
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- August 27 2010
The U.S. Court of Appeals for the Ninth Circuit intervened in a battle between two “Beach Boys” involving Lanham Act claims and California right of publicity claims, concluding in a case in which the plaintiff alleged conduct occurring in Great Britain affected U.S. commerce
Exotic dancing attire may be inherently distinctive, but the Chippendales "Cuffs & Collar" costume is not
- McDermott Will & Emery
- -
- USA
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- 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
Current Search
- Workarea - Media & Entertainment
- Workarea - Trademarks
- Firm Name - McDermott Will & Emery
- Jurisdiction - USA
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