Ulrika Mattsson

Ulrika Mattsson

McDermott Will & Emery

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Financial Gain Not Required to Prevail in Trade Secret Theft Claim - United States of America v. Yihao Pu

The US Court of Appeals for the Seventh Circuit vacated a district court decision awarding substantial restitution for trade secret theft, determining that a loss calculation made by the district court was erroneous and that...more

4/12/2016 - Federal Sentencing Guidelines Proof of Loss Restitution Theft Trade Secrets

NFL Players’ Right of Publicity Claims Denied - J. F. Dryer et al. v. The National Football League

The US Court of Appeals for the Eighth Circuit affirmed a district court summary judgment in favor of defendants, denying plaintiffs’ publicity rights claims in footage and interviews made by the defendants and finding that...more

4/12/2016 - Athletes NFL Preemption Right of Publicity Summary Judgment The Copyright Act

Rosa Parks Name and Likeness Free for Use? (Rosa and Raymond Parks Institute for Self Development v. Target Corp.)

Addressing the balance between privacy rights and matters of public interest, the U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s dismissal of the plaintiff’s complaint, holding that the defendant...more

3/2/2016 - Appeals Choice-of-Law Fair Use First Amendment Misappropriation Name and Likeness Public Interest Right of Publicity Right to Privacy Unjust Enrichment

Single Claim Approach for Trade Secret Misappropriation - Allied Erecting & Dismantling Co. v. Genesis Equip. & Mfg.

The U.S. Court of Appeals for the Sixth Circuit affirmed the district court decision holding that a plaintiff is precluded from filing a claim based on alleged ongoing misbehavior when an allegation of trade secrets...more

1/11/2016 - Injunctive Relief Joint and Several Liability Misappropriation Statute of Limitations Trade Secrets Uniform Trade Secrets Acts

District Court Twice “Erred with Respect to Every [Confusion] Factor.”

The U.S. Court of Appeals for the Eleventh Circuit reversed a district court decision for the second time, explaining that on remand the district court “erred with respect to every factor” in determining whether confusion was...more

12/15/2015 - Expert Testimony Likelihood of Confusion Remand Trademark Cancellation Trademark Infringement

Unflattering Photo—A Blogger’s Paradise? - Raanan Katz v. Irina Chevaldina

The U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s grant of summary judgment in favor of defendant based on an assertion of fair use of an unflattering, candid headshot photograph of plaintiff....more

11/9/2015 - Copyright Copyright Infringement Copyright Litigation Fair Use Google Photographs

Sublicensee’s Purchase of Licensee Not Prohibited under the License Agreement - VDF FutureCeuticals, Inc. v. Stiefel Labs., Inc.

The U.S. Court of Appeals for the Seventh Circuit ruled that a sublicensee of patent and trademark rights that purchased its sublicensor in order to reduce the royalties it owned to the licensor was not prohibited from buying...more

9/11/2015 - Breach of Contract IP Assignment Agreements License Agreements Licensing Rights Patent Royalties Patents Royalties Stock Purchase Agreement Trademarks

Could the Bieb Be a Copyright Infringer? - Copeland et al. v. Bieber et al.

The U.S. Court of Appeals for the Fourth Circuit vacated a district court decision dismissing a copyright infringement claim in a case involving a copyrighted song and a later recording by Justin Bieber concluding that that...more

8/10/2015 - Appeals Copyright Copyright Infringement Intellectual Property Litigation Justin Beiber Remand Sound Recording Copyrights Substantially Similar Vacated

Music Streaming Rights Are Included in ASCAP’s Licenses - American Society of Composers, Authors and Publishers et al. v. Pandora...

The U. S. Court of Appeals for the Second Circuit affirmed a district court ruling that composers and music publishers cannot partially withdraw from the American Society of Composers, Authors and Publishers (ASCAP) licensing...more

7/10/2015 - Appeals ASCAP Consent Decrees EMI Entertainment Licensing Rights Music Streaming Pandora Royalties Sony

NOPALEA Mark Merely Descriptive of a Product Derived from Nopalea Cactus - In Re TriVita, Inc.

The U.S. Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB’s) decision that the trademark NOPALEA was descriptive of TriVita’s products, which contain juice from the nopal cactus....more

6/5/2015 - Lanham Act Nutritional Supplements Trademark Registration Trademark Trial and Appeal Board Trademarks

Dilution Claim Dismissed Based on Unreasonably Delay - Ava Ruha Corp. v. Mother’s Nutritional Center, Inc.

In a precedential cancellation action, the U.S. Patent and Trademark Office’s (USPTO) Trademark Trial and Appeal Board (TTAB or Board) held that petitioner’s three-year, two-month delay in petitioning to cancel the...more

4/10/2015 - Cross-Complaints Laches Likelihood of Confusion Retailers Trademark Registration Trademark Trial and Appeal Board

Geographic Location Mark Not Always Primarily Geographically Descriptive - In Re The Newbridge Cutlery Company

The U. S. Court of Appeals for the Federal Circuit reversed a Trademark Trial and Appeal Board (Board) decision, concluding that the trademark NEWBRIDGE HOME was not primarily geographically descriptive of the goods because...more

3/19/2015 - Appeals Geographically Descriptive Trademark Trial and Appeal Board Trademarks

TAKETEN and TAKE10! Can Coexist Without Confusion - In Re St. Helena Hospital

The U. S. Court of Appeals for the Federal Circuit reversed the Trademark Trial and Appeal Board’s (the Board) decision, concluding that the trademark TAKETEN used for a residential health improvement program can co-exist...more

2/27/2015 - Intellectual Property Litigation Likelihood of Confusion Trademark Litigation Trademark Trial and Appeal Board Trademarks

Nothin’ from Nothin’ Leaves Nothin’

Axiom Worldwide Inc. v. Excite Medical Corp. et al. - The U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s $1.32 million judgment in favor of a medical device maker, ruling that it never owned...more

1/16/2015 - Appeals Medical Devices Purchase Agreement Trademark Litigation Trademarks

No Fair Use for Digital Excerpts

Cambridge University Press et al v. Patton et al. - The U.S. Court of Appeals for the 11th Circuit vacated the district court’s decision holding that digital excerpts of books from three academic publishers provided to...more

12/16/2014 - Books Copyright Copyright Infringement Fair Use Intellectual Property Litigation Publishers

Transformative Use in the Seventh Circuit

Kienitz v. Sconnie Nation LLC - The U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s grant of summary judgment based on fair use, but cited different grounds than the district court and...more

11/24/2014 - Appeals Copyright Fair Use Summary Judgment Transformativeness

Greetings! Use of the PowerPoint Is Trade Secret Misappropriation

Hallmark Cards, Inc. v. Monitor Clipper Partners, LLC - The U.S. Court of Appeals for the Eighth Circuit affirmed a district court’s decision holding that a private equity firm had misappropriated confidential...more

9/12/2014 - Appeals Breach of Contract Confidential Information Corporate Counsel Hallmark Jury Verdicts Misappropriation Popular

Federal Circuit Smokes Cuban Entity on Standing Issue

Empresa Cubana Del Tabaco (d/b/a Cubatabaco) v. General Cigar Co., Inc. - The U. S. Court of Appeals for the Federal Circuit reversed the Trademark Trial and Appeal Board’s (the Board) decision, holding that a Cuban...more

8/14/2014 - Standing Trademarks

Banana Lady Performance Not Copyrightable

Conrad v. AM Community Credit Union - The U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s decision dismissing a copyright infringement claim and holding that the organizers of an event at...more

6/16/2014 - Copyright Copyright Infringement Public Performance Rights

STONE LION CAPITAL Likely to Cause Consumer Confusion with LION and LION CAPITAL

Stone Lion Capital Partners, L.P. v. Lion Capital LLP - The U.S. Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s decisions sustaining an opposition to registration of the mark...more

5/15/2014 - Appeals Intent-to-Use Likelihood of Confusion Patent Trial and Appeal Board Trademark Litigation Trademarks

Beneficial Owner of “Spank” Has Standing in Copyright Infringement Suit - Smith v. Casey

The U.S. Court of Appeals for the Eleventh Circuit concluded that the estate of the composer of the famous song “Spank” has statutory standing in a copyright infringement claim, even though he was not the registered owner of...more

3/7/2014 - Copyright Copyright Infringement Standing

CRACKER BARREL on Cheese and Ham—Likely to Cause Consumer Confusion - Kraft Brands Food Group v. Cracker Barrel Old Country Store

The U.S. Court of Appeals for the Seventh Circuit upheld a preliminary injunction barring use of the mark Cracker Barrel Old Country Store for use in connection with ham products to be sold in supermarkets, based on...more

1/7/2014 - Cracker Barrel Kraft Likelihood of Confusion Trademark Litigation Trademarks

IP Update, Vol. 16, No. 11, November 2013

Appellate Decision Sets Stage for Next Skirmish In The Apple vs. Samsung Smart Phone Wars - A unanimous panel of the U.S. Court of Appeals for the Federal Circuit has concluded that the district court was within its...more

11/26/2013 - Apple Apple v Samsung Fresenius Patent Infringement Patent Litigation Patents Samsung SCOTUS Smartphones Standard Essential Patents

IP Update, Vol. 16, No. 9, September 2013

Patents/Preliminary Injunction: Preliminary Injunction Ordered Based on Appellate Claim Construction Aria Diagnostics, Inc. v. Sequenom, Inc. - Addressing a preliminary injunction filed by a defendant in a...more

10/1/2013 - Claim Construction Copyright Expert Testimony Fair Use Governmental Immunity Governmental Liability Infringement Inter Partes Reexamination ITC Jurisdiction Obviousness Patent Term Adjustment Patents Preliminary Injunctions Registration SCOTUS Sovereign Immunity Theft Trade Secrets Trademarks USPTO Work-For-Hire

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