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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

Once legitimately registered, domain name held for ransom costs kidnapper $150k

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

Illustrating the significant recovery available to trademark owners under the Lanham Act’s Anti-Cybersquatting Consumer Protection Act (ACPA) versus the arbitration process pursuant to the Uniform Domain-Name Dispute-Resolution Policy (UDRP), the U.S. Court of Appeals for the Ninth Circuit upheld a jury’s damages verdict of over $150,000 to a trademark owner whose domain name was held for ransom by a former employee

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

“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

Lifestyle Management Ltd v Frater: domain names and instruments of fraud

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • February 28 2011

Pointing domain names, which are similar to a former principal's website, to websites that closely resembled the home page of the former principal has been found to be an act of passing off

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

Nominet decisions may be subject to appeal to the High Court

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • November 29 2011

In Michael Toth v Emirates 2011 EWPCC 18, his Honour Judge Birss QC, refused to strike out an application seeking to overturn a decision of a Nominet appeal panel that the registration of a domain name was abusive within the Nominet Dispute Resolution Service (DRS) Policy

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

Further CJEU guidance on keyword advertising and trade mark infringement

  • McDermott Will & Emery
  • -
  • European Union, United Kingdom
  • -
  • November 3 2011

In (1) Interflora Inc. (2) Interflora British Unit v (1) Marks & Spencer plc (2) Flowers Direct Online Ltd, Case C-32309 (22 September 2011), the Court of Justice of the European Union (CJEU) has provided further guidance on circumstances in which use of a registered trade mark as a keyword by a third party advertiser may constitute trade mark infringement

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