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Results: 1-10 of 54

Website activity alone sufficient to confer personal jurisdiction over non-resident website operator
  • McDermott Will & Emery
  • USA
  • December 31 2013

Addressing whether a lower court had personal jurisdiction over a defendant found to have defaulted, the U.S. Court of Appeals for the Eleventh


UK High Court finds no infringement in sponsored links if third party trade marks not referred to explicitly
  • McDermott Will & Emery
  • United Kingdom
  • March 17 2014

In Cosmetic Warriors Ltd v Amazon.co.uk Ltd 2014 EWHC 181 (Ch), the UK High Court has considered the extent to which retailers may use third party


Court of Justice of the European Union provides further guidance on circumstances in which keyword advertising constitutes trademark infringement
  • McDermott Will & Emery
  • European Union
  • October 31 2011

The Court of Justice of the European Union has provided further guidance on circumstances in which use of a registered trademark as a keyword in internet advertising by a third party advertiser may constitute trademark infringement


Re-registration of domain name containing another’s trademark is not cybersquatting
  • McDermott Will & Emery
  • USA
  • October 31 2011

The U.S. Court of Appeals for the Ninth Circuit reversed a California district court’s holding that re-registration of a domain name containing another’s trademark violated the Anti-Cyberqsuatting Consumer Protection Act


Further CJEU guidance on keyword advertising and trade mark infringement
  • McDermott Will & Emery
  • European Union, United Kingdom
  • November 3 2011

In (1) Interflora Inc. (2) Interflora British Unit v (1) Marks & Spencer plc (2) Flowers Direct Online Ltd, Case C-32309 (22 September 2011), the Court of Justice of the European Union (CJEU) has provided further guidance on circumstances in which use of a registered trade mark as a keyword by a third party advertiser may constitute trade mark infringement


Personal jurisdiction lacking despite twenty internet users from forum state signing up for defendant’s website
  • McDermott Will & Emery
  • USA
  • May 28 2011

Considering whether a New Jersey website operator was subject to personal jurisdiction in Illinois, the U.S. Court of Appeals for the Seventh Circuit held that for personal jurisdiction to arise, a defendant must in some way target the forum state’s market in addition to operating an interactive website that is accessible from the forum state


eBay customers as likely to be confused as anyone else
  • McDermott Will & Emery
  • USA
  • November 25 2013

Finding that eBay buyers are just as likely to be confused as any other consumer, the U.S. Court of Appeals for the First Circuit upheld summary


Domain name registrant found to lack bad faith in UDRP proceeding later loses against ACPA claim
  • McDermott Will & Emery
  • USA
  • May 28 2011

Considering whether a domain name registrant who prevailed in a Uniform Domain Name Dispute Resolution Policy (UDRP) proceeding possessed legitimate rights in the domain name in a subsequent court action for federal cybersquatting, the U.S. Court of Appeals for the Fourth Circuit affirmed a grant of summary judgment to plaintiff, finding that the defendant domain name registrant ceased to possess rights in the underlying domain name when it changed the content of its website to content concerning a geographical location referenced by the mark to content targeting the same type of products sold by a trademark owner under the mark


Nominet decisions may be subject to appeal to the High Court
  • McDermott Will & Emery
  • United Kingdom
  • November 29 2011

In Michael Toth v Emirates 2011 EWPCC 18, his Honour Judge Birss QC, refused to strike out an application seeking to overturn a decision of a Nominet appeal panel that the registration of a domain name was abusive within the Nominet Dispute Resolution Service (DRS) Policy


Battle of the ANDROIDS
  • McDermott Will & Emery
  • USA
  • May 29 2014

In a decision that provides useful guidance on what constitutes abandonment, the U.S. Court of Appeals for the Seventh Circuit upheld a district