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Results: 1-10 of 78

Statements regarding live scientific debate still subject to false advertising claim
  • McDermott Will & Emery
  • USA
  • January 29 2015

According to the U.S. Court of Appeals for the Fifth Circuit, even if scientific claims are the subject of live scientific debates, that status will


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


NCAA argues for dismissal of athletes’ latest antitrust complaint
  • McDermott Will & Emery
  • USA
  • September 24 2013

Last week, the NCAA asked the Northern District of California to throw out a suit initiated in 2009 on behalf of former and current NCAA athletes


Judge refuses to suspend previous Apple, Inc. ruling; considers limiting e-book negotiations
  • McDermott Will & Emery
  • USA
  • August 12 2013

On Friday, August 9, 2013, Judge Denise Cote of the U.S. District Court for the Southern District of New York denied Apple's request to suspend


FTC employs SAFE WEB Act to assist Canada’s Competition Bureau
  • McDermott Will & Emery
  • USA
  • August 8 2014

On July 30, 2014, the U.S. District Court for the District of Maryland denied Aegis Mobile LLC's motion to quash a Federal Trade Commission (FTC


NCAA appeals ruling on compensation for student-athletes
  • McDermott Will & Emery
  • USA
  • November 20 2014

On November 14, 2014, the National Collegiate Athletic Association (NCAA) submitted its initial brief to the Ninth Circuit Court of Appeals


Second Circuit revives antitrust class action complaint, perhaps lowering perceived heightened pleading standards
  • McDermott Will & Emery
  • USA
  • March 5 2010

The court's revival of this antitrust complaint will likely be an important precedent used by plaintiffs in their efforts to survive future motions to dismiss


Decryption of Premier League matches with imported decoder cards: is there a competition defence?
  • McDermott Will & Emery
  • United Kingdom
  • February 28 2008

The matter in dispute in Football Association v QC Leisure & Others 2008 EWHC 44 (Ch) was the possible anticompetitive effect of contracts between the Football Association (FA) and foreign broadcasters for the broadcasting of Premier League football matches


European distribution: antitrust pitfalls arising out of warranty repair services
  • McDermott Will & Emery
  • European Union
  • October 19 2010

In the context of its preliminary antitrust investigation into Apple's iPhone guarantee policies, the European Commission has confirmed that, in order not to infringe competition rules, suppliers should provide EU-wide warranty services, regardless of the EUEEA country where the product was purchased


Ninth Circuit gives copier leasor second shot at Lanham Act claims
  • McDermott Will & Emery
  • USA
  • February 29 2008

The U.S. Court of Appeals for Ninth Circuit reversed the F.R.Civ. Pro. 12(b)(1) dismissal of a complaint alleging false statements and antitrust violations, finding that the factual allegations, if taken as true, would support the Lanham Act and Sherman Act claims