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Results: 11-20 of 189

Not so fast eBay analysis extended to preliminary injunctions in trademark cases
  • McDermott Will & Emery
  • USA
  • May 31 2008

The U.S. Court of Appeals for the Eleventh Circuit evaluated the trademark significance of using a competitor’s trademarks in internet meta-tags, as well as the evolving standard for granting preliminary injunctions in trademark infringement actions in determining that a defendant’s use of plaintiff’s trademarks as a meta-tag was actionable and likely to cause confusion


Google Books is fair use and provides “significant public benefits”
  • McDermott Will & Emery
  • USA
  • December 31 2013

Since 2004, the Google Books project has scanned over 20 million books and has provided digital copies of the books to participating libraries while


Next time, buy the CDs
  • McDermott Will & Emery
  • USA
  • July 31 2013

Following the lead of other courts addressing statutory penalties for illegal music downloading, the U.S. Court of Appeals for the First Circuit


Statutory damages: foreign works and the U.S. live broadcast exemption
  • McDermott Will & Emery
  • USA
  • September 16 2009

In a class action led by the Football Association Premier League (FAPL) and U.S. music publishers Bourne against YouTube and its owners Google (The FAPL v YouTube Inc. (US District Court Southern District of New York)) filed on 4 May 2007, a U.S. District Court judge held that, because the FAPL did not register its broadcasts of Premier League matches with the US Copyright Office, it cannot claim statutory damages under the US Copyright Act against YouTube in respect of allegedly copyright infringing material uploaded by users to the video sharing site


U.S. Supreme Court denies certiorari to review New York’s click-through nexus law
  • McDermott Will & Emery
  • USA
  • December 5 2013

The U.S. Supreme Court has declined to consider the constitutionality of New York's "Amazon" click-through sales tax nexus law, leaving it in effect


Parody, political speech and bad faith
  • McDermott Will & Emery
  • USA
  • September 16 2009

In Sutherland Institute v Continuative LLC WIPO D2009-0693 (10 July 2009) sole World Intellectual Property Organization (WIPO) panellist Frederick M Abbott refused to find bad faith in the use by a group of gay activists of a domain name identical to the service mark of a "conservative think tank" on a parody site


“.com” does not convert a generic term into a brand name
  • McDermott Will & Emery
  • USA
  • August 31 2009

The U.S. Court of Appeals for the Federal Circuit recently affirmed a decision by the Trademark Trial and Appeal Board, refusing registration of the mark “hotels.com” because it is generic


Internet specimens of use need not include pictures of the goods to show bona fide use in commerce
  • McDermott Will & Emery
  • USA
  • January 30 2010

The U.S. Court of Appeals for the Federal Circuit recently reversed a Trademark Trial and Appeal Board (TTAB) decision requiring that webpage specimens of use must include a picture of the goods


Registration requirement does not restrict a subject-matter jurisdiction over infringement claims involving unregistered works
  • McDermott Will & Emery
  • USA
  • March 31 2010

In a unanimous decision, the Supreme Court of the United States held that although the Copyright Act’s registration requirement, 17 U.S.C. 411(a), is a precondition to filing a copyright infringement claim, a copyright holder’s failure to comply with that requirement does not restrict a federal court’s subject-matter jurisdiction over infringement claims involving unregistered works


Nothing non-obvious about applying pre-existing technology to the Internet
  • McDermott Will & Emery
  • USA
  • February 28 2013

Addressing the issue of obviousness of patents directed to Internet-based software, the U.S. Court of Appeals for the Federal Circuit reversed a