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Results: 1-10 of 73

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


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


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


Experience Jimi Hendrix, post-mortem publicity rights
  • McDermott Will & Emery
  • USA
  • February 28 2014

The U.S. Court of Appeals for the Ninth Circuit, reversing a district court's ruling finding unconstitutional the provisions of the Washington


Fleeting use of work in historic display is fair use
  • McDermott Will & Emery
  • USA
  • February 5 2014

In deciding the latest dispute in an ongoing battle over the Baltimore Ravens “Flying B” logo, the U.S. Court of Appeals for the Fourth Circuit


Ninth Circuit eliminates presumption of irreparable harm for trademark owners seeking a preliminary injunction
  • McDermott Will & Emery
  • USA
  • December 31 2013

In yet another chapter in the epic saga regarding use of the musical group name “The Platters,” the U.S. Court of Appeals for Ninth Circuit


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


Touchdown for video game producer over football players false endorsement claim
  • McDermott Will & Emery
  • USA
  • August 29 2013

Revisiting the issue of how trademark and similar rights under the Lanham Act are balanced against First Amendment rights, the U.S. Court of Appeals