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Results: 1-10 of 73

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


Holy non-infringement, Batman!
  • McDermott Will & Emery
  • USA
  • October 1 2014

The U.S Court of Appeals for the Seventh Circuit affirmed the dismissal of a trademark infringement claim, finding that a real computer software


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


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


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


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


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


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


Court of Justice of the European Union provides further guidance on circumstances in which keyword advertising constitutes trademark infringement
  • McDermott Will & Emery
  • European Union
  • October 31 2011

The Court of Justice of the European Union has provided further guidance on circumstances in which use of a registered trademark as a keyword in internet advertising by a third party advertiser may constitute trademark infringement


.xxx domain names to become available from September 2011
  • McDermott Will & Emery
  • Global
  • June 15 2011

The Internet Corporation for Assigned Names and Numbers recently approved the use of the .xxx suffix as a top-level domain name space, to be used by the online adult entertainment industry