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Results: 1-10 of 91

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


Extraterritorial application of the Lanham Act is California Dreamin’
  • McDermott Will & Emery
  • USA
  • August 27 2010

The U.S. Court of Appeals for the Ninth Circuit intervened in a battle between two “Beach Boys” involving Lanham Act claims and California right of publicity claims, concluding in a case in which the plaintiff alleged conduct occurring in Great Britain affected U.S. commerce


Formula One Licensing BV v OHIM: losing distinctiveness
  • McDermott Will & Emery
  • European Union
  • March 31 2011

In Formula One Licensing BV v OHIM 2011 unreported, the General Court of the European Union has held that the combination of "F" and "1" would be perceived as an abbreviation of "Formula 1" and descriptive of racing cars and races


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


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


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


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


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


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


Disparagement Proscription of 2(a) Is Unconstitutional
  • McDermott Will & Emery
  • USA
  • January 29 2016

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