Remove 2004 Remove Cease and Desist Remove Copying Remove Marketing
article thumbnail

Preventing Trademark Infringement or Stifling Healthy Competition? A Look at 1-800 Contacts and its Keyword Advertising Battle

LexBlog IP

Starting in 2004 , the Company began issuing cease-and-desist letters to competitors, demanding that they prevent their search ads from appearing in response to the keyword “1-800 Contacts.” However, in the fall of 2019 , Warby Parker became a direct competitor of 1-800 Contacts by entering the contact lens market.

article thumbnail

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. Diebold from 2004, which led to a $125k damages award. As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure.

article thumbnail

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

The defendant in that case had offered adapters for sale which enabled Nintendo games, that had been produced by third parties in circumvention of copy protection measures and downloaded from the internet, to be used on the Nintendo games console. Injunctive relief (Section 97(1) UrhG) and cease and desist agreements.