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Results: 1-10 of 90

CJEU upholds decision rejecting CTM application for PHOTOS.COM
  • McDermott Will & Emery
  • European Union
  • March 17 2014

In Getty Images (US) Inc v OHIM C-7013 P, the Court of Justice of the European Union (CJEU) has upheld an EU General Court decision rejecting a


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


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


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


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


Ninth Circuit eliminates presumption of irreparable harm for trademark owners seeking a preliminary injunction
  • McDermott Will & Emery
  • USA
  • December 31 2013

In yet another chapter in the epic saga regarding use of the musical group name “The Platters,” the U.S. Court of Appeals for Ninth Circuit


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


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


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


A recall notice directed to “6 Hour” energy shots could constitute false advertising
  • McDermott Will & Emery
  • USA
  • October 31 2012

Addressing the issue of whether a recall notice issued by a competitor constituted false advertising and anti-competitive conduct in violation of Section 2 of the Sherman Act, the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s judgment dismissing false advertising claims and affirmed the district court’s dismissal of Sherman Act claims