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Results: 1-10 of 278

Two-party market: presumption of confusion and injury
  • McDermott Will & Emery
  • USA
  • August 8 2014

Clarifying applicable presumptions in Lanham Act false advertising cases, the U.S. Court of Appeals for the Second Circuit affirmed a district


Use of athlete’s likeness in video game not protected by First Amendment
  • McDermott Will & Emery
  • USA
  • August 29 2013

The U.S. Court of Appeals for the Ninth Circuit Court affirmed that the First Amendment does not protect a video game developer's unauthorized use of


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


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


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


Recent decisions narrow scope of liability under Video Privacy Protection Act
  • McDermott Will & Emery
  • USA
  • April 27 2015

Two significant decisions under the Video Privacy Protection Act (VPPA) in recent weeks have provided new defenses to companies alleged to have run


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


Right of publicity v. copyright
  • McDermott Will & Emery
  • USA
  • September 30 2010

Reversing a district court’s ruling on a motion for judgment as a matter of law on preemption and standing, the U.S. Court of Appeals for the Ninth Circuit found that an adult film star had standing to assert copyright claims but his right of publicity claim was preempted by federal copyright law


Tank top tussle Britney Spears as an indicator of delicious confusion
  • McDermott Will & Emery
  • USA
  • September 30 2010

In a decision highlighting the fact-intensive nature of trademark disputes, the U.S. Court of Appeals for the Ninth Circuit Court reversed a grant of summary judgment but acknowledged that it was “far from certain that consumers were likely to be confused” by defendant’s use of the word DELICIOUS


Preemption of state-law tort claims by the Copyright Act
  • McDermott Will & Emery
  • USA
  • May 28 2015

Addressing the issue of the preemption of state-law claims by the Copyright Act, the U.S. Court of Appeals for the Eighth Circuit upheld the district