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Results: 1-10 of 95

Certification Mark May Be Infringed Despite Nominative Fair Use, Lack of Source Confusion
  • McDermott Will & Emery
  • USA
  • June 28 2016

Addressing the use of a certification mark in connection with information systems training, the US Court of Appeals for the Second Circuit reversed


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


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


FreemantleMedia Ltd and 19 TV Ltd (MODEL IDOL and POP IDOL): moderately similar marks and likelihood of confusion
  • McDermott Will & Emery
  • United Kingdom
  • September 28 2010

In June 2010, the UK Intellectual Property Office (UK IPO) issued its decision in FreemantleMedia Ltd and 19 TV Ltd v James Fleming BL O 205 10


Federal Circuit: Disparagement Proscription of 2(a) of the Lanham Act Unconstitutional
  • McDermott Will & Emery
  • USA
  • December 28 2015

In the last several decades, the disparagement provision of 2(a) of the Lanham Act has become a more frequent basis for rejection or cancellation of


Not What the Doctor Ordered: Injunction Ruled Too Narrow in Trademark Infringement Case
  • McDermott Will & Emery
  • USA
  • July 26 2016

Addressing the scope of injunctive relief awarded in a trademark infringement case, the US Court of Appeals for the Second Circuit affirmed a


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


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


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


The Olympics, Paralympics and London Olympics Association Rights: remedies for infringement
  • McDermott Will & Emery
  • United Kingdom
  • November 30 2010

The Olympics, Paralympics and London Olympics Association Rights (Infringement Proceedings) Regulations 20102477 set out the remedial orders that a court can make, with effect from 8 November 2010, in relation to goods, materials or articles that infringe the London Olympics association right (LOAR