Technology & Marketing Law Blog

DECEMBER 15, 2021

The wranglings caused the registrant’s sticker to be removed from Amazon for a total of 44 days in 2018 across several different incidents. Before November 19, 2018, the previous takedown notices to Amazon didn’t violate 512(f) because the successor licensee didn’t have the requisite bad intent.

Registration 111

Registration Fair Use Copyright Designs 111

The TTABlog

JULY 29, 2021

In 2018, petitioner terminated its arrangement with respondent. Respondent, who then sent a cease-and-desist letter to petitioner, prompting the subject petition for cancellation. Here, there was no evidence of Nema's advertising or other expenditures, nor evidence of its sales or growth.

Registration 52

Registration Cease and Desist Ownership Advertising 52

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? I predict a cease and desist letter”; “I WILL DEFINITELY BE CONTACTING NICKOLODEON TO ASK IF THIS GHETTO PLACE HAVE THE RIGHTS.”.

Blogging 91

Blogging Social Media Television Fair Use 91

The IPKat

JANUARY 6, 2022

Few opponents prefer to jump straight into court action, with oppositions typically the preference when a cease and desist letter fails to get the right reaction. This included evidence that advertising campaigns for the defendant’s product led to increased sales of the claimant’s product.

Registration 96

Registration Cease and Desist Branding Brands 96

SpicyIP

FEBRUARY 13, 2023

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark. The application was rejected by the Respondent for being descriptive under Section 9(1)(b).

Designs 52

Designs Design Trademark Cease and Desist 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Injunctive relief (Section 97(1) UrhG) and cease and desist agreements. The BGH stated in 2018 that when interpreting (contractual) cease and desist agreements in cases of doubt cease and desist obligation must be interpreted as meaning that its effect has the same scope as the statutory claim for injunctive relief.

Contracts 98

Contracts Copyright Law Cease and Desist 98

43(B)log

AUGUST 18, 2021

were valid and infringed, but the latter wasn’t counterfeited; SMRI’s dilution victory was vacated, but not its victories on deceptive trade practices, ACPA, false advertising, and unfair competition. It was thus barred from equitable relief for its trademark infringement, false advertising, and state deceptive trade practices claims.

Cease and Desist 64

Cease and Desist False Advertising Registration Licensing 64