Mary Hallerman

Mary Hallerman

McDermott Will & Emery

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Circuit to District Court: Pucker Up for a Remand

Addressing the application of the Sleekcraft likelihood-of-confusion factors in the context of a summary judgment motion, the US Court of Appeals for the Ninth Circuit reversed the district court’s grant of summary judgment,...more

9/7/2016 - Appeals Likelihood of Confusion Logos Preliminary Injunctions Summary Judgment Trademark Infringement Trademarks USPTO

Not What the Doctor Ordered: Injunction Ruled Too Narrow in Trademark Infringement Case

Addressing the scope of injunctive relief awarded in a trademark infringement case, the US Court of Appeals for the Second Circuit affirmed a district court’s finding of a likelihood of confusion, but vacated, reversed and...more

8/3/2016 - Injunctive Relief Likelihood of Confusion Medical Research Trademark Infringement Trademark Ownership Trademarks

Examiner.com Sails to Victory in DMCA Safe Harbor

Addressing whether the owner of a media website could invoke the safe harbor provision of the Digital Millennium Copyright Act (DMCA), the US Court of Appeals for the 10th Circuit affirmed the district court’s grant of...more

7/8/2016 - Copyright Copyright Infringement Corporate Counsel DMCA Independent Contractors Internet Service Providers (ISPs) Photographs Safe Harbors Summary Judgment

Glass Half Full for Russian Federation Successor’s Stolichnaya Infringement Saga (Fed. Treasury Enter. Sojuzplodoimport et al. v....

Addressing issues of international comity, res judicata, and laches, the U.S. Court of Appeals for the Second Circuit affirmed in part and vacated in part the district court’s decision concerning a dispute over rights to the...more

2/26/2016 - Comity International Litigation Laches Lanham Act Res Judicata Russia Standing Stolichnaya Trademarks

Merry Christmas! Rights to “Santa Claus’ Is Comin’ to Town” Return to Songwriter’s - Baldwin v. EMI Feist Catalog, Inc.

Baldwin v. EMI Feist Catalog, Inc.Addressing issues of copyright ownership and the effectiveness of copyright termination notices, the U.S. Court of Appeals for the Second Circuit reversed the district court’s summary...more

12/16/2015 - Contract Termination Copyright Copyright Litigation Popular Song Lyrics Successor Interests

A Spin of the Wheel Results in Broader Injunctive Relief - CFE Racing Products, Inc. v. BMF Wheels, Inc.

Addressing numerous evidentiary issues arising during the course of a jury trial, as well as the scope of a permanent injunction, the U.S. Court of Appeals for the Sixth Circuit affirmed in part and remanded in part the...more

9/10/2015 - Judgment As A Matter Of Law Likelihood of Confusion Permanent Injunctions Remand Trademark Infringement Trademark Litigation Trademark Registration Trademarks

Timing Is Everything—Objective Evidence of Bona Fide Intent to Use Necessary at the Time of Filing Application - M.Z. Berger & Co....

Addressing what constitutes sufficient evidence of “bona fide intent” to use a trademark in commerce, the U.S. Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB or Board) decision...more

8/11/2015 - Intent-to-Use Lanham Act Trademark Application Trademark Infringement Trademark Litigation Trademark Opposition Proceedings Trademark Trial and Appeal Board Trademarks Use in Commerce

Portion of California Resale Royalty Act Struck Down as Unconstitutional - Sam Francis Found. v. Christie’s, Inc.

Addressing the constitutionality of California’s Resale Royalty Act, Cal. Civ. Code § 986 (“the Act”), the U.S. Court of Appeals for the Ninth Circuit held that a portion of the Act violated the dormant Commerce Clause of the...more

7/10/2015 - Appeals Christies Class Action Commerce Clause eBay Fine Art Motion to Dismiss Royalties Sothebys

Party Over for Claimed Mardi Gras Bead Dog Trademarks - Nola Spice Designs, L.L.C. v. Haydel Enterprises, Inc., et. al.

Addressing issues of trademark validity and substantial similarity in a copyright infringement claim, the U.S. Court of Appeals for the Fifth Circuit upheld a district court’s grant of summary judgment that the challenged...more

6/8/2015 - Copyright Copyright Infringement Copyright Litigation Intellectual Property Litigation Lanham Act Trademark Infringement Trademark Litigation Trademarks

Offering of Services Alone Insufficient Basis for § 1(a) Trademark Application - David Couture v. Playdom, Inc.

Addressing for the first time whether the offering of a service was sufficient “use in commerce” under the Lanham Act, the U.S. Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB)...more

5/31/2015 - Appeals Intent-to-Use Lanham Act Service Marks Trademark Trial and Appeal Board Trademarks Use in Commerce

Illinois Trust Taxation Deemed Unconstitutional

Ruling creates planning opportunities to minimize income taxes. In Linn v. Department of Revenue, the Illinois Fourth District Appellate Court reviewed the state’s statutory framework for taxing trusts. Linn v....more

3/31/2014 - Income Taxes Property Tax Trusts

IP Update, Vol. 16, No. 6, June 2013

Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

6/27/2013 - Abuse of Discretion AMP v Myriad Burden of Proof Copyright Damages DNA False Advertising First Amendment Human Genes Infringement Lanham Act Myriad Oprah Winfrey Patent Terms Patent-Eligible Subject Matter Patents Permanent Injunctions SCOTUS Time Warner Trade Secrets Trademarks USPTO Willful Infringement

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