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Results: 1-10 of 88

Standing Under Lanham Act Premised on Defendant’s Putative Conduct
  • McDermott Will & Emery
  • USA
  • April 28 2016

The US Court of Appeals for the Fourth Circuit reversed a district court's application of the two-part test for prudential standing to bring a Lanham


Willfulness Remains Prerequisite to Award of Infringer’s Profits
  • McDermott Will & Emery
  • USA
  • April 28 2016

Addressing whether willfulness is a prerequisite to an award of a trademark infringer's profits, the US Court of Appeals for the Federal Circuit


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


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


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


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


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


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


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