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Tacos with a Side of Cease and Desist

IPilogue

Pina D’Agostino’s IP Intensive Program. 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.” Mariela Gutierrez Olivares is a 3L JD Candidate at Osgoode Hall Law School.

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

The IPKat

Dutch IP battle about the hyped “Crompouce®”- a croissant-tompouce hybrid by Robbert Sjoerdsma and Annelotte Boot The whole Dutch IP community is in turmoil about the “Crompouce”, a croissant-tompouce hybrid. In the media, a discussion emerged among Dutch IP professionals about whether Crompouce® is a valid trademark?

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

The IPKat

In IP infringement cases, the compensation of extrajudicial/out-of-court costs is a tricky subject. It is not uncommon that the infringing party may be willing to cease the infringement, but unwilling to compensate all the legal costs claimed. Koch Media is the rights owner of a computer game which is sold in Germany.

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A Trademark Christmas

LexBlog IP

Christmas and all of its “Christmas magic” is so ingrained in American culture, it can tempting to assume that the holiday is immune from IP considerations. The 2004 Warner Brothers film based on a 1985 children’s book has resulted in 14 registered trademarks for Warner Brothers. The Polar Express. Home Alone.

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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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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.