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Tacos with a Side of Cease and Desist

IPilogue

Controversy ensued when a Mexican food restaurant in the UK, Taquería, issued a cease and desist letter to a similar restaurant, Sonora Taquería, for infringement of their registered mark “Taqueria.” Presumably, when it was granted in 2004, the mark was not considered generic or descriptive.

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[Guest post] Dutch IP battle about the hyped “Crompouce®”- a croissant-tompouce hybrid

The IPKat

Image created by DALL·E 2 Dutch bakeries have since received cease and desist letters to stop selling the product (under the sign Crompouce®). In the media, a discussion emerged among Dutch IP professionals about whether Crompouce® is a valid trademark?

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Jean Paul Gaultier, Birth Your Own Venus

IPilogue

In April 2022 , Uffizi sent a cease-and-desist in response to Jean Paul Gaultier’s current use of the Birth of Venus , but the fashion brand never replied and continued its unauthorized use. . The Italian Code , which came into effect in 2004 and was updated in 2016, operates independently from copyright law.

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Kanye’s Got Beef With an Aussie Burger Joint

LexBlog IP

.” Ye claims the hamburger restaurant, located in Ivanhoe (a suburb of Melbourne), continues to have food on its menu named after the artist’s 2004 album and says neither his store nor products are approved for use by Ye. ” The document claims, “Ye has suffered, and will continue to suffer, loss and damage.”

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A Trademark Christmas

LexBlog IP

The 2004 Warner Brothers film based on a 1985 children’s book has resulted in 14 registered trademarks for Warner Brothers. For example, if you are thinking about launching a special promotion for your products or services inspired by holiday-themed IP, it can still result in a cease-and-desist (or worse). Home Alone.

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CJEU confirms extrajudicial costs are 'other expenses' which may be claimed in IP infringement cases

The IPKat

It is not uncommon that the infringing party may be willing to cease the infringement, but unwilling to compensate all the legal costs claimed. A cease-and-desist letter was sent to FU requesting to stop the infringement and to compensate the legal costs borne.

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Through the Fire? Not Anymore – European Court of Justice strengthens Rights of Patent Owners in Germany

IP Tech Blog

With judgment of 28 April 2022, Case C-44/21 – Phoenix Contact , the European Court of Justice (ECJ) declared this practice incompatible with EU Directive 2004/48/EC (Enforcement Directive). In the event of a cease and desist letter, it is therefore becoming even more important to immediately set up a suitable defense strategy.