We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 136

Crocs, Inc. v. International Trade Commission et al., No. 2008-1596 (Fed. Cir. Feb. 24, 2010)
  • Winston & Strawn LLP
  • USA
  • March 2 2010

For determining whether infringement and the existence of a domestic industry are satisfied in a 337 action regarding design patents, courts must apply the ordinary observer test instead of relying on a detailed verbal description of the claimed design


Halo Creative & Design v. Comptoir Des Indes Inc
  • Winston & Strawn LLP
  • USA
  • April 18 2016

The plaintiff, a Hong Kong corporation, sued the defendant, a Canadian corporation, in the Northern District of Illinois for infringement of


Site vicariously liable for infringing content created by its Web developer
  • Winston & Strawn LLP
  • USA
  • December 18 2009

A janitorial supply corporation, Master Maintenance, hired a third-party Web developer, West Central Ohio Internet Link, Ltd., to redesign its Web site


Advertiser sued for right of publicity for character arguably evocative of Hulk Hogan
  • Winston & Strawn LLP
  • USA
  • June 24 2010

Terry Bollea, famously known as Hulk Hogan, recently sued Post Foods for false endorsement and misappropriation of his right of publicity over certain Post Foods' television commercials promoting Cocoa Pebbles


The doctrine of res judicata does not punish a plaintiff for exercising the option not to supplement its pleadings with an after-acquired claim, including those relating to inventorship
  • Winston & Strawn LLP
  • USA
  • April 27 2010

In 2004, Triple Tee initiated its first lawsuit against Nike claiming that Nike had misappropriated Triple Tee’s trade secrets involving golf club technology


Court finds Starbucks coffee diluted by competitor
  • Winston & Strawn LLP
  • USA
  • January 7 2010

The Second Circuit Court of Appeals recently partially overruled a lower court and held that Wolf Borough Coffee, Inc. dba Black Bear Micro Roastery's "Charbuck's Blend" and "Mister Charbucks" coffee brands diluted Starbucks' famous "Starbucks" mark in violation of the Federal Trademark Dilution Act (FTDA


Washington court affirms ability to sell software on eBay
  • Winston & Strawn LLP
  • USA
  • December 18 2009

A Washington court recently held that an individual who resold packages of software did not commit copyright infringement under the "first-sale doctrine," which allows the owner of a copyrighted work to resell that copy


International Seaway Trading Corp. v. Walgreens Corp.
  • Winston & Strawn LLP
  • USA
  • December 22 2009

The ordinary observer test, rather than the point of novelty test, is applied to test anticipation for design patents


Advertising Law Snapshots, Volume 1, Issue 11
  • Winston & Strawn LLP
  • USA
  • May 24 2016

The iTunes terms of service state in part: In no case shall Apple, its directors, officers, employees, affiliates, agents, contractors, or licensors


Advertising Law Snapshots, Volume 1, Issue 8
  • Winston & Strawn LLP
  • USA
  • April 19 2016

Defendants published viral video featuring plaintiff's mattresses but plaintiff's name was not used Character in video falls back on mattress "in a