Mary Hallerman

Mary Hallerman

McDermott Will & Emery

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Latest Publications


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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