Nelligan Law

NOVEMBER 28, 2022

Your marketing team prepares advertisements, packaging – perhaps even signage. One morning you open your email and there is a scary “Cease and Desist” letter in your inbox. When conducting these preliminary searches, your Canadian trademark agent will review the Canadian Trademark Registery and conduct common law searches.

Cease and Desist 78

Cease and Desist Trademark Marketing Marketing 78

43(B)log

JANUARY 3, 2024

CCM counterclaimed for abuse of process and for violations of the Lanham Act and related state laws; one ex-employee also brought counterclaims against loanDepot for breach of contract and breach of the implied covenant of good faith and fair dealing. The false association/coordinate state law claims survived. Ankura Consulting Grp.,

False Advertising 59

False Advertising Cease and Desist Advertising Advertising 59

TorrentFreak

OCTOBER 8, 2022

Among other things, Firestick Steve’s services were promoted in YouTube videos that appeared completely oblivious to the fact that selling pirate IPTV services is illegal, under civil law (if you’re lucky) and criminal law (if you’re not). Not even a cease-and-desist convinced him to stop.

Cease and Desist 90

Cease and Desist Branding Brands Branding 90

LexBlog IP

OCTOBER 25, 2021

It is difficult to remember a time when keyword advertising did not dominate the internet. Most search engines, such as Google, Bing, and Yahoo, maintain keyword advertising programs which allow advertisers to bid on search terms and keywords that drive customers searching for a particular product or service to their website.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

IP Law 360

MARCH 2, 2023

A Las Vegas attorney is suing the NFL's merchandising and licensing arm and the Las Vegas Raiders, saying his firm received a cease and desist letter that accused the firm of engaging in unauthorized use of the Raiders' marks in an advertisement even though no such mark was shown in the ad.

Cease and Desist 40

Cease and Desist Trademark Advertising Advertising 40

The IPKat

MARCH 4, 2024

The plaintiff filed an infringement action before a German court requesting the defendant to be ordered to cease and desist from using the plaintiff’s trade marks for diving accessories in Germany, including from possessing them for the purpose of offering or putting them on the market. 8(1) Rome II ). The website www.amazon.de

Law 62

Law Cease and Desist Art Marketing 62

IP and Legal Filings

MARCH 5, 2024

Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising. Preventing consumer misunderstanding and protecting the goodwill associated with a brand are two of the core trademark law concepts that predate the internet era.

Trademark 87

Trademark Social Media Advertising Advertising 87

TorrentFreak

APRIL 27, 2022

These “boots on the ground” allow access to local governments and law enforcement, to target local piracy players. Cease and Desist. While court cases are also part of the repertoire, a cease-and-desist letter is usually the first step taken. ACE Books Progress. ” Civil and Criminal Lawsuits.

Cease and Desist 65

Cease and Desist Privacy Business Law 65

Technology & Marketing Law Blog

MAY 13, 2024

I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright. That’s what copyright law is for. citations omitted) X Corp. Bright Data at 21. alleges here is CCDH’s scraping of the X platform.

Blogging 97

Blogging Contracts Cease and Desist Social Media 97

Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. The law related to web scraping is far too nuanced to make such a declarative statement. If you said or implied that the CFAA is the only law that governs web scraping. Don’t worry! You’re not alone.

Blogging 119

Blogging Law Contracts Cease and Desist 119

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Since the costume doesn’t have a mask or any accessories, from a copyright standpoint, it’s likely not breaking any laws. Copyright and Halloween Costumes. Trademark and Halloween Costumes.

Trademark 238

Trademark Copyright Cease and Desist Copying 238

Garrigues Blog

JULY 11, 2022

The case started in October 2018, when the sponsor of the festival, in order to advertise that Golpes Bajos would be playing, decided to publish a poster on social media, which included the name and a photograph of the deceased lead singer of the band. The exception set forth in article 8.1

Personality Rights 52

Personality Rights Cease and Desist Social Media Advertising 52

TorrentFreak

DECEMBER 20, 2021

Judge Buchanan concludes that these amounts are appropriate, given the music companies’ lost profits and advertising revenue, as well as the finding that the YouTube rippers willfully and repeatedly facilitated copyright infringement. The RIAA made it clear on several occasions that the site was infringing under US law.

Cease and Desist 136

Cease and Desist Copyright Infringement Music Copyright 136

TorrentFreak

JANUARY 21, 2022

In 2017 and 2018, its lawyers wrote to them several times, demanding that they cease and desist. For example, it’s believed that Google-owned YouTube holds information on the operators of several channels that are used for marketing and advertising EngineOwning products. domains.

Cease and Desist 134

Cease and Desist Social Media Reporting Copyright Infringement 134

Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

The potential flow of advertisement traffic for this content makes them lucrative assets for any commercial establishment. Cease and Desist notices may be served to the infringers to cease all further dissemination while comprehensively outlining how the actions of the recipient are infringing the Copyright of the sender’s work.

Cease and Desist 85

Cease and Desist Licensing Intellectual Property Copyright 85

The IPKat

JANUARY 2, 2022

TRADE MARKS Lise Charles (WTR) provides an overview of the most-read posts on Word Trademark Review (WTR) on European trade mark case law over the past year, including analyses of cases dealing with issues such as unconventional signs (i.e., Several cases were concluded without judgment. disputes between domain names and trademarks).

Blogging 126

Blogging IP Non-Fungible Tokens Cease and Desist 126

The IPKat

JUNE 23, 2023

Throughout the years, it has featured in plenty of case law [e.g. 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. 112-1 and L.

Copyright 95

Copyright Cease and Desist Copyright Infringement Publishing 95

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.

Marketing 52

Marketing Marketing Cease and Desist Branding 52

Indiana Intellectual Property Law

AUGUST 6, 2021

Energy claims that FTA has advertised and promoted its services using the allegedly infringing mark at an event for which Energy’s Full Throttle® brand was previously the title sponsor. Finally, Energy is claiming common law trademark infringement and unfair competition. The case was assigned to Judge Richard L.

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

TorrentFreak

MARCH 8, 2022

The RIAA had already sent cease-and-desist orders to the hosting company in 2020, before it approached GitHub. Journalists, scientists, law enforcement agencies and human rights organizations regularly use youtube-dl, for example for the purpose of documentation and preservation of evidence.

Cease and Desist 133

Cease and Desist Music Copyright Copyright Infringement 133

IP and Legal Filings

NOVEMBER 11, 2021

Lastly, trademarks are pivotal for commercial purposes such as sales and advertisements. This includes issuing cease and desist letters to organizations or competitors who may attempt to misuse the trademarks in order to refer to products and services that they manufacture or sell. Methods to prevent trademark genericide.

Trademark 84

Trademark Cease and Desist Branding Brands 84

Selvam & Selvam Blog

MARCH 28, 2022

The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. Such groundless threats are commonly achieved by sending cease and desist letters or legal notices threatening the recipient with legal proceedings.

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

TorrentFreak

JANUARY 8, 2022

It found that the majority (76%) openly advertised their payment options with Visa, Mastercard and PayPal leading the way. “These procedures can include multiple cease and desist notices and may require proof via a test [IPTV] purchase. of all payment methods openly advertised by pirate IPTV providers.

Branding 131

Branding Brands Branding Due Diligence 131

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Blogging 82

Blogging Copyright Contracts Cease and Desist 82

TorrentFreak

MAY 18, 2022

The complaint states that around September 24, 2021, the defendants were notified that their service violates federal laws and told to cease and desist. The plaintiffs allege that Scroggins registered several PrimeStreams domains including primestreams.tv, primestreamstv.com, and primehosting.one. PrimeStreams Ignored Warning.

Cease and Desist 128

Cease and Desist Social Media Branding Brands 128

TorrentFreak

DECEMBER 26, 2022

“This growth dramatically increases ACE’s global network, including key partnerships with local law enforcement and other authorities, and its ability to shut down illegal piracy operations around the world,” Van Voorn tells us. Collaborating with Governments and Law Enforcement. ” Some of ACE’s Members.

Cease and Desist 131

Cease and Desist Government Confidentiality Settlement 131

SpicyIP

AUGUST 22, 2022

Abhijay Srekanth is an LLM candidate at the Queen Mary University of London specialising in IP, and a recent graduate of Jindal Global Law School. Vivek Basanagoudar is a fourth year law student at Jindal Global Law School. i)advertising or promotion that permits consumers to compare goods or services; or. (ii)identifying

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

TorrentFreak

OCTOBER 5, 2021

Over the years DISH has filed large numbers of civil lawsuits, some based on copyright law and others the Federal Communications Act. DISH went to some lengths to try and close Universe down including sending cease-and-desist letters directly to the platform and more than a dozen to CDN networks associated with the service.

Copyright Infringement 119

Copyright Infringement Copyright Cease and Desist Social Media 119

The IPKat

DECEMBER 14, 2023

February: In Nigeria, the Business Facilitation (Miscellaneous Provisions) Bill, 2022 , was signed into law. Stephen Mouka issued a Cease and Desist Notice to the public after an X user created and shared a limited merchandise bearing the slogan. Today, it’s about the trade marks. Tinderet is an area in Kenya.

IP 83

IP Service Mark Cease and Desist Registration 83

The IPKat

AUGUST 8, 2021

It was rejected on the ground that the existence of the earlier rights relied on by the applicant had not been established under Italian law. The applicant’s opposition was based on Article 8(4) EUTMR, read in conjunction with Italian legislation. The Cancellation Division rejected the application in its entirety in July 2019.

Cease and Desist 128

Cease and Desist Registration Business Marketing 128

Technology & Marketing Law Blog

MAY 30, 2022

Walking Mountain (affectionately known as the “Barbie in a Blender” case) noted that “every court to address the issue whether a defendant’s work qualifies as a parody has treated this question as one of law to be decided by the court.” The court begins with findings of fact, lavishing attention on the show’s plot and popularity.

Blogging 94

Blogging Social Media Television Fair Use 94

IP Tech Blog

AUGUST 17, 2022

Or should this be rather a case of trade dress infringement under the Unfair Competition Law? 57 of the Chinese Trademark law. 57 of the Trademark Law. 6 of the Unfair Competition Law. Is the use and function of the words Tsingtao Beer on the bottles’ neck a “trademark use”? And, why is this important? The MSA Decision.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

Kashishipr

JULY 21, 2021

Takedown notices, cease and desist notices, etc., It is worth noting that many counterfeits are advertised in local languages or posted on local websites. The post Dealing with Counterfeits on E-Commerce Websites appeared first on Blog | Kashish IPR | Intellectual Property Rights Law Firm. For more visit: [link].

Branding 105

Branding Brands Branding Cease and Desist 105

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Injunctive relief (Section 97(1) UrhG) and cease and desist agreements.

Contracts 98

Contracts Copyright Law Cease and Desist 98

LexBlog IP

DECEMBER 15, 2021

Vagueness and ambiguity are one thing when a company is weighing whether its actions might violate Section 5 and subject it to a cease-and-desist order, but it is quite another thing when they characterize a rule, the violation of which subjects companies to potentially substantial per-violation civil penalties. .”

Cease and Desist 52

Cease and Desist Advertising Advertising Blogging 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

As a double-insult, 512(f) preempts related state law claims over abusive takedown notices, so it actually leaves victims worse off than if 512(f) didn’t exist by clearing out the field. Longarzo. * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. The court found that the registrant sold about 8.3

Registration 115

Registration Fair Use Copyright Designs 115

SpicyIP

FEBRUARY 13, 2023

Highlights of the Week The Copyright Quandary regarding the Delhi High Court Rules on Live-streaming of Court Proceedings Recently Delhi High Court came up with ‘Live Streaming and Recording of Court Proceedings Rules’ which would be a positive step towards assuring better access to law and transparency. on Triveni Interchem Pvt.

Designs 52

Designs Design Trademark Cease and Desist 52