Kluwer Copyright Blog

MAY 31, 2022

The liability privilege therefore also applies to cease and desist claims, unless a prior warning letter was sent and the allegedly infringing content was not taken down quickly enough after a reasonable review. More from our authors: Practical Guide to Successful Intellectual Property Valuation and Transactions. by Edward J.

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Copyright Infringement Cease and Desist Copyright Intellectual Property 52

TorrentFreak

APRIL 27, 2022

Between 2019 and 2021, the number of illegal websites and streaming subscription services operated from North America reportedly dropped from 1,400 to just 200. Cease and Desist. While court cases are also part of the repertoire, a cease-and-desist letter is usually the first step taken.

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Cease and Desist Privacy Business Law 65

Indiana Intellectual Property Law

AUGUST 9, 2021

The parties allegedly discussed this issue following a cease and desist letter sent to Bear in July 2019 informing it “that the sale of its ‘Grip, Calicure, & Doc Spartan Monster Bundle’ and its use of green in proximity to a claw icon on those products infringed Monster’s intellectual property rights.”

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The IPKat

JUNE 23, 2023

During Summer 2019, Mercredie became aware of the fall-winter 2019 advertising campaign, entitled #MajeMyDogandI, by ready-to-wear company Maje. As a result, Mercredie sent a cease-and-desist letter to the French brand on 16 September 2019.

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Copyright Cease and Desist Copyright Infringement Publishing 95

LexBlog IP

JANUARY 26, 2022

The most recent complaint, however, does indicate that the challenged conduct occurred several years ago as well, before November 2019. A question you may be asking is how the FTC can get money here after AMG , since there are no Mail Order Rule violations.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 21, 2022

The ID also included the ALJ’s recommended determination (“RD”) for entry of a limited exclusion order and cease and desist order. Upon review of the full record, the Commission determined that respondents violated Section 337, and issued a limited exclusion order and cease and desist order against the domestic respondent.

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Cease and Desist Government Patent 52

Indiana Intellectual Property Law

JULY 12, 2021

In February 2019, Watch claims Jarman approached the President and Chief Executive Officer, Ken Williams (“Williams”) with an opportunity to assist in a project in Tennessee. According to the Complaint, Mosby had been the Chief Operating Officer of a company acquired by Watch in 2019. Todd Mosby (“Mosby”).

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The IP Law Blog

APRIL 28, 2022

Supreme Court vacated the 2019 judgment of the Ninth Circuit and remanded the case back to the Ninth Circuit to reevaluate the issues in light of the Van Buren opinion. This was largely consistent with what the Ninth Circuit found in its first consideration of the issue back in 2019. Following the direction of the U.S.

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Cease and Desist Business Law Licensing 98

The IPKat

FEBRUARY 29, 2024

In July 2019, a cease-and-desist letter was sent to the company H Z without much effect. Feld Motor Sports Inc. noted that the company H Z was also organizing monster trucks shows displayed on its website and social networks. Those shows featured a monster truck named “EI TORO Del FUEGO”.

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Copyright Infringement Copyright Cease and Desist Intellectual Property 100

Trading Secrets

AUGUST 17, 2022

The action arose because, between April 2015 and April 2019, Brinks used an employee confidentiality agreement that prohibited employees from disclosing confidential company information to any third party without Brinks’ prior written approval.

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Confidentiality Cease and Desist Government Reporting 122

The IPKat

MARCH 14, 2024

According to the documents published on the internet, the relationship between Ini Edo and Chichi Nworah began as a co-production agreement on December 13, 2019, with another named partner, Joy Odiete, to produce a slate of 5 movies in a 10-year timeline.

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Copyright Cease and Desist Ownership Registration 78

TorrentFreak

MARCH 10, 2022

From a high of 1,400 illegal platforms in that region in 2019, various anti-piracy campaigns reportedly reduced that number to 238 in 2021. The sites are taken down in a number of ways, from cease-and-desist warnings to full-blown litigation.

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IPilogue

OCTOBER 19, 2021

In response, on August 28, Hershey sent a cease-and-desist order on its Kisses trademark, which led to the September 28 lawsuit. For example, in 2019, Hershey’s Kisses were manufactured with broken tips leaving many bakers upset by the quality. However, the exclusive rights over a shape can prove problematic.

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TorrentFreak

DECEMBER 6, 2022

In 2019, police in Serbia reported the arrest of two men aged 40 and 31. Two years on from these operations, ACE executed a successful cease and desist action near Belgrade, Serbia. Whether this partnership was responsible for what came next is unclear. “Latest Detection Methods” Led to Arrests in Serbia.

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Technology & Marketing Law Blog

MAY 13, 2024

s Terms of Service (“ToS”) when it created a new account in 2019. Facebook objected and sent a cease-and-desist letter. And the reasoning for why these claims were dismissed should apply to plenty of other litigants. First, the facts: As a user of the X platform, CCDH necessarily agreed to X Corp.’s

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Blogging Contracts Cease and Desist Social Media 96

TorrentFreak

MAY 18, 2022

In late 2019, the IPTV provider found itself being extorted by a hacker who claimed to have obtained the details of around 121,000 of its subscribers. The complaint states that around September 24, 2021, the defendants were notified that their service violates federal laws and told to cease and desist.

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IPilogue

AUGUST 19, 2022

Shazam brought action against the defendants in 2019 following two rounds of cease and desist letters to prevent their continued performance of an unlicensed interactive dining show.

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Copyright Law Copyright Law Cease and Desist 105

Technology & Marketing Law Blog

MAY 2, 2022

In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. CFAA : The key question is whether hiQ’s continued access following receipt of LinkedIn’s cease-and-desist letter was “without authorization” under the CFAA. LinkedIn lawsuit started in 2017.

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The IPKat

AUGUST 8, 2021

The Cancellation Division rejected the application in its entirety in July 2019. Thirdly, the General Court did not consider that the cease-and -desist letter was a relevant factor in the assessment of bad faith, since such a request fell within the scope of the rights attaching to the registration of a mark.

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Intepat

MAY 28, 2024

In a three-year span (2019-2021), Apple filed 215 trademark oppositions, surpassing the combined total of Amazon, Google, Microsoft, and Facebook, which collectively filed 136. After issuing a cease and desist notice, the respondent changed its name but continued to imply an association with Apple through advertising.

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The IPKat

DECEMBER 14, 2023

Stephen Mouka issued a Cease and Desist Notice to the public after an X user created and shared a limited merchandise bearing the slogan. More on this decision in the Journal of Intellectual Property Law and Practice’s 2023 Roundup series. August: In Nigeria, the French multinational pharmaceutical and healthcare company Sanofi S.A.,

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LexBlog IP

DECEMBER 14, 2021

Not a look Peloton was likely excited about as it worked hard to recover from its 2019 Christmas ad and recall dramas. But as the scene unfolded, Big had a heart attack on his Peloton. Peloton asserts it did not know about the plot twist. But something brilliant happened.

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Intepat

JUNE 5, 2023

Background In 2018, PhonePe sent a cease and desist notice to the Defendant, requesting that they cease using the brand name with the ‘Pe’ component written in the Devanagari script. BharatPe subsequently modified its brand name to ‘BharatPe’ without the word ‘Pe’ in the Devanagari script.

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Trademark Cease and Desist Branding Brands 52

SpicyIP

JULY 13, 2023

What about cases where the patentee is not instituting a suit for infringement, but is asserting its ‘non-working’ patent rights on small-time players by issuing a cease and desist notice? While that level of scrutiny is not yet happening on our domestic front, here are perhaps some basic starting points to initiate such discussions.

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LexBlog IP

MAY 24, 2023

Taco John’s is reportedly notorious for sending cease-and-desist letters to those who use the mark. ” Some may recall that Lebron James previously tried to register the phrase “Taco Tuesday” in 2019. ” Taco Bell is arguing that TACO TUESDAY is a common phrase and therefore is a generic mark.

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Trademark Cease and Desist Registration Trademark Law 40

LexBlog IP

MARCH 30, 2022

For example, between 2019 and 2020, both the New York and California attorneys general sent cease and desist letters to the Black Lives Matter Foundation, which had no involvement with the Black Lives Matter movement, yet was soliciting millions of dollars in donations.

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Marketing Marketing Cease and Desist Branding 52

LexBlog IP

FEBRUARY 10, 2022

Fleetcor is a case that was originally filed in federal court in 2019 but was then brought administratively post- AMG. (Although, news flash, a job posting went up in late December indicating that the FTC is hiring an ALJ ; it’s unclear whether it is to replace the current ALJ or to increase the FTC’s capacity.).

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Cease and Desist Litigation Law Contracts 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

2019 WL 3555509 (D. And to characterize zero-click online terms of use that are imposed by cease-and-desist letter as enforceable contracts is horrible policy and bad law. This observation is as true now as the day when the Ninth Circuit made it, in 2019. Robert Wood Johnson University Hosp., 634 F.Supp.2d

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Blogging Copyright Contracts Cease and Desist 80

Kluwer Copyright Blog

DECEMBER 14, 2022

At least one medical device manufacturer took issue with the online library and sent iFixit a cease-and-desist letter, citing its exclusive rights under copyright to reproduce and communicate the repair information online. Citing the U.S.

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Copyright Cease and Desist Fair Use Publishing 102

LexBlog IP

OCTOBER 25, 2021

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.

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Advertising Advertising Trademark Cease and Desist 52

LexBlog IP

APRIL 28, 2022

Supreme Court vacated the 2019 judgment of the Ninth Circuit and remanded the case back to the Ninth Circuit to reevaluate the issues in light of the Van Buren opinion. This was largely consistent with what the Ninth Circuit found in its first consideration of the issue back in 2019. Following the direction of the U.S.

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Cease and Desist Business Licensing Law 40

IP and Legal Filings

MARCH 28, 2023

Recently, CCI imposed a hefty penalty on Google for abusing its dominant position in the android mobile device ecosystem market apart from passing cease and desist order against acts in contravention of the law. Samriddha Sen, “India’s Anti-Trust Problem with the Big Tech”, RMLNLU Law Review, 2021.

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Marketing Marketing Cease and Desist Technology 52

The IPKat

JULY 22, 2021

Katfriend Dr Sabine Jacques , Associate Professor in IP, IT & Media law at the University of East Anglia and author of The Parody Exception in Copyright Law (OUP 2019), provides the follow review of The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity – by Martin Senftleben.

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Trademark Public Domain Copyright Cease and Desist 57

Technology & Marketing Law Blog

JANUARY 25, 2024

2019) (stating that “[t]he fact that the [confidentiality] Agreement does not state a time limitation, but instead applies forever, further supports a finding that it is unenforceable”); Howard Schultz & Assocs. Courts have invalidated or limited the scope of perpetuity provisions in other contexts as well. See Nissen, 120 Cal.

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Blogging Contracts Cease and Desist Confidentiality 72

Kluwer Copyright Blog

NOVEMBER 29, 2021

As of June 6, 2021, however, only a handful of Member States have implemented Directive 2019/790/EU (Copyright in the Digital Single Market; hereinafter CDSMD). Shaped as a duty of care, the liability of platforms was thus limited to the obligation to refrain from future infringements (cease and desist).

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Cease and Desist Copyright Government Publishing 113

IIPRD

JANUARY 23, 2023

8] Cease and desist letters are also measures to tackle such infringement wherein the seller is demanded to stop the sale of the product and never sell it again. 9] For utility Patents, Amazon launched Utility Patent Neutral Evaluation Procedure (UPNEP) in 2019. This assist if a situation of litigation arises. [9]

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Patent Infringement Patent Cease and Desist IP 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

the ITC can also issue cease and desist orders to prevent further sales of the accused products. 819-CV-978-Y-23AAS, 2019 WL 5578880 (M.D. 29, 2019) (discussing limits to what may qualify as an act in furtherance of misappropriation under the DTSA). [10] 11, 2017). [8] 8] See Texas Instruments Incorporated. Rubens , No.

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Litigation Cease and Desist Patent Infringement Intellectual Property 52