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Results: 1-10 of 83

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


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