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Results: 1-10 of 19

UK High Court finds no infringement in sponsored links if third party trade marks not referred to explicitly

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • March 17 2014

In Cosmetic Warriors Ltd v Amazon.co.uk Ltd 2014 EWHC 181 (Ch), the UK High Court has considered the extent to which retailers may use third party

Paris appeals court confirms eBay’s liability for selling counterfeit and unauthorized LVMH perfumes on auction website

  • McDermott Will & Emery
  • -
  • France
  • -
  • November 30 2010

In sharp contrast to the outcome of a similar lawsuit has resolved in the United States, the Paris Court of Appeal has upheld a 2008 verdict holding that online auctioneer eBay is liable for the sale of counterfeit goods or goods that are selected for special distribution via its online auction website

Counterfeits beyond Canal StreetSecond Circuit updates personal jurisdiction in the internet commerce context

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 30 2010

In a victory to trademark owners battling online counterfeiters, the U.S. Court of Appeals for the Second Circuit held that the sale and shipment into New York of one counterfeit product, coupled with defendant’s interactive website selling counterfeit goods, was sufficient to establish personal jurisdiction over the defendants in the trademark owner’s home state of New York

Re-registration of domain name containing another’s trademark is not cybersquatting

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

The U.S. Court of Appeals for the Ninth Circuit reversed a California district court’s holding that re-registration of a domain name containing another’s trademark violated the Anti-Cyberqsuatting Consumer Protection Act

Misleading UDRP exhibits could create liability under Anticybersquatting Consumer Protection Act

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 30 2012

In an unpublished opinion, the U.S. Court of Appeals for the Fifth Circuit held that a company that allegedly redacted portions of an exhibit submitted in connection with a complaint under the Uniform Domain Name Dispute Resolution Policy (UDRP) may be liable for misrepresentation under the Anticybersquatting Consumer Protection Act (ACPA

eBay customers as likely to be confused as anyone else

  • McDermott Will & Emery
  • -
  • USA
  • -
  • November 25 2013

Finding that eBay buyers are just as likely to be confused as any other consumer, the U.S. Court of Appeals for the First Circuit upheld summary

Domain name registrant found to lack bad faith in UDRP proceeding later loses against ACPA claim

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 28 2011

Considering whether a domain name registrant who prevailed in a Uniform Domain Name Dispute Resolution Policy (UDRP) proceeding possessed legitimate rights in the domain name in a subsequent court action for federal cybersquatting, the U.S. Court of Appeals for the Fourth Circuit affirmed a grant of summary judgment to plaintiff, finding that the defendant domain name registrant ceased to possess rights in the underlying domain name when it changed the content of its website to content concerning a geographical location referenced by the mark to content targeting the same type of products sold by a trademark owner under the mark

Non-UK website infringement of UK trade marks

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • May 31 2011

In Yell Ltd v Louis Giboin 2011 EWPCC 9 the Patents County Court found that use of the word mark TRANSPORT YELLOW PAGES and the “walking fingers” logo on a non-UK website infringed Yell Ltd’s well-known registered trade marks in the United Kingdom

“Internet trinity” no longer holy in internet trademark cases

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

In a decision that will limit the ability of trademark owners to challenge competitors’ keyword advertising, the U.S. Court of Appeals for the Ninth Circuit vacated a preliminary injunction issued by a district court barring a defendant’s purchase of a competitor’s trademark as a keyword to trigger internet advertisements

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