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Results: 1-10 of 73

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


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


Boop-oop-a-doop oops! Family of Betty Boop creator loses infringement claims due to flawed chain of title
  • McDermott Will & Emery
  • USA
  • March 31 2011

The U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s holding that the family of the creator of the 1930s cartoon character Betty Boop lacked the requisite copyright or trademark rights to prevent a company from selling merchandise featuring the Betty Boop image


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


Applause can come with a big price tag
  • McDermott Will & Emery
  • USA
  • March 31 2014

Paying tribute to celebrity can sometimes be an expensive proposition. A Chicago grocery store chain found this out the hard way when the U.S. Court


Court of Appeal of England and Wales confirms that figurative CTM for “NOW” is descriptive and invalid
  • McDermott Will & Emery
  • United Kingdom
  • December 16 2013

In Starbucks (HK) Ltd and others v British Sky Broadcasting Group plc and others 2013 EWCA Civ 1465, the Court of Appeal of England and Wales


Fleeting use of work in historic display is fair use
  • McDermott Will & Emery
  • USA
  • February 5 2014

In deciding the latest dispute in an ongoing battle over the Baltimore Ravens “Flying B” logo, the U.S. Court of Appeals for the Fourth Circuit


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


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


Exotic dancing attire may be inherently distinctive, but the Chippendales "Cuffs & Collar" costume is not
  • McDermott Will & Emery
  • USA
  • October 28 2010

Addressing whether the well-known Chippendales "Cuffs & Collar" costume is inherently distinctive for adult entertainment services, the U.S. Court of Appeals for the Federal Circuit affirmed the refusal to register the mark, finding that the costume was not inherently distinctive, but is a "mere variant or refinement" of the Playboy Bunny costume