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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

Battle of the ANDROIDS

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 29 2014

In a decision that provides useful guidance on what constitutes abandonment, the U.S. Court of Appeals for the Seventh Circuit upheld a district

Website activity alone sufficient to confer personal jurisdiction over non-resident website operator

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

Addressing whether a lower court had personal jurisdiction over a defendant found to have defaulted, the U.S. Court of Appeals for the Eleventh

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

“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

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

Microsoft’s “SkyDrive” held to infringe Sky’s UK and Community trade marks

  • McDermott Will & Emery
  • -
  • United Kingdom
  • -
  • July 31 2013

On 28 June 2013, the High Court of England and Wales held in British Sky Broadcasting Group plc and others v Microsoft Corporation and another 2013

Personal jurisdiction lacking despite twenty internet users from forum state signing up for defendant’s website

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

Considering whether a New Jersey website operator was subject to personal jurisdiction in Illinois, the U.S. Court of Appeals for the Seventh Circuit held that for personal jurisdiction to arise, a defendant must in some way target the forum state’s market in addition to operating an interactive website that is accessible from the forum state

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