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Results: 1-10 of 88

Standing Under Lanham Act Premised on Defendant’s Putative Conduct
  • McDermott Will & Emery
  • USA
  • April 28 2016

The US Court of Appeals for the Fourth Circuit reversed a district court's application of the two-part test for prudential standing to bring a Lanham


Willfulness Remains Prerequisite to Award of Infringer’s Profits
  • McDermott Will & Emery
  • USA
  • April 28 2016

Addressing whether willfulness is a prerequisite to an award of a trademark infringer's profits, the US Court of Appeals for the Federal Circuit


First Amendment protects use of third-party’s trademark in video game
  • McDermott Will & Emery
  • USA
  • December 30 2014

Confirming that video games, including customizable multi-player games, qualify as expressive works entitled to First Amendment protection, a


Touchdown for video game producer over football players false endorsement claim
  • McDermott Will & Emery
  • USA
  • August 29 2013

Revisiting the issue of how trademark and similar rights under the Lanham Act are balanced against First Amendment rights, the U.S. Court of Appeals


Second Circuit revives trademark suit against Oprah Winfrey
  • McDermott Will & Emery
  • USA
  • June 27 2013

Vacating a district court’s grant of a motion to dismiss a trademark infringement claim against defendants Oprah Winfrey, Harpo, Inc. and Harpo


Proof of confusion essential for trademark injunction
  • McDermott Will & Emery
  • USA
  • August 27 2015

Addressing the likelihood of success requirement for injunctive relief, the U.S. Court of Appeals for the First Circuit vacated an order requiring


Rosa Parks Name and Likeness Free for Use?
  • McDermott Will & Emery
  • USA
  • February 25 2016

Addressing the balance between privacy rights and matters of public interest, the U.S. Court of Appeals for the Eleventh Circuit affirmed the


Trying to Outhustle a Permanent Injunction
  • McDermott Will & Emery
  • USA
  • February 25 2016

Addressing the issue of modifying a permanent injunction for trademark infringement, the Court of Appeals for the Sixth Circuit held that an


Experience Jimi Hendrix, post-mortem publicity rights
  • McDermott Will & Emery
  • USA
  • February 28 2014

The U.S. Court of Appeals for the Ninth Circuit, reversing a district court's ruling finding unconstitutional the provisions of the Washington


No presumption, but inference of irreparable harm permissible under Lanham Act
  • McDermott Will & Emery
  • USA
  • January 29 2015

Addressing interpretation of advertising claims when the packaging or label unambiguously defines a claim term and an inference of irreparable harm