Nelligan Law

NOVEMBER 28, 2022

You have conducted your own market research and you are not aware of anyone else using this trademark. 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.

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Cease and Desist Trademark Marketing Marketing 78

43(B)log

JANUARY 3, 2024

I’m only going to discuss the false association/false advertising bits; as to the latter, state law provides more protection than federal because of the “commercial advertising or promotion” requirement for Lanham Act false advertising. The false association/coordinate state law claims survived. Ankura Consulting Grp.,

False Advertising 59

False Advertising Cease and Desist Advertising Advertising 59

LexBlog IP

MARCH 30, 2022

There has been an outpouring of concerned citizens the world over who are hoping to help provide assistance, and a number of brands have launched “cause marketing” campaigns aimed at expressing support for the Ukrainian cause and providing financial assistance to those who are displaced. The Bottom Line.

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Marketing Marketing Cease and Desist Branding 52

TorrentFreak

FEBRUARY 2, 2024

A named defendant and others yet to be fully identified now face a full-blown lawsuit after allegedly failing to comply with the terms of a cease-and-desist notice. These matters in the U.S. sit in stark contrast to events currently unfolding in Canada’s Federal Court. and 30 days for $19.99.

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Cease and Desist Intellectual Property Copyright Advertising 90

TorrentFreak

OCTOBER 8, 2022

Still fresh after obtaining a judgment worth more than half a billion dollars against an IPTV seller in May, DISH quickly filed a new lawsuit against the alleged operators of PrimeStreams, one of the most recognizable brands in the market. Not even a cease-and-desist convinced him to stop. So what happened to Firestick Steve?

Cease and Desist 89

Cease and Desist Branding Brands Branding 89

BYU Copyright Blog

APRIL 1, 2024

Morlos also provided large complimentary promotional posters for the school to advertise with. When the contract lapsed in May 2021 and the school contracted with another photographer, Morlos order the school to either remove all photographs and marketing materials under his copyright or pay a licensing fee to continue using them.

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Cease and Desist Social Media Contracts Intellectual Property 40

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.

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Advertising Advertising Trademark Cease and Desist 52

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

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Trademark Social Media Advertising Advertising 88

LexBlog IP

MARCH 24, 2023

The NCAA Men’s Basketball Tournament is a major revenue generator for the NCAA, with millions of dollars in advertising and broadcasting deals at stake. The NCAA takes a proactive approach to protecting its intellectual property, often sending cease-and-desist letters to those it believes are infringing on its rights.

Branding 40

Branding Brands Branding Cease and Desist 40

Technology & Marketing Law Blog

MAY 13, 2024

seeks only damages based on the reactions of advertisers (third parties) to CCDH’s speech in the Toxic Twitter report, which CCDH created after the scraping. The alleged “harm” here was a report that painted Twitter in an unflattering light and caused Twitter to purportedly lose advertising revenue. See FAC ¶¶ 70, 78; see also ACLU Br.

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Blogging Contracts Cease and Desist Social Media 83

Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

Undoubtedly, the OTT broadcasting market is one of the world’s largest media markets. The potential flow of advertisement traffic for this content makes them lucrative assets for any commercial establishment.

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Cease and Desist Licensing Intellectual Property Copyright 85

IP and Legal Filings

NOVEMBER 11, 2021

A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Firstly, trademarks help distinguish one product from another in the market. Lastly, trademarks are pivotal for commercial purposes such as sales and advertisements.

Trademark 85

Trademark Cease and Desist Branding Brands 85

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.

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Cease and Desist Social Media Reporting Copyright Infringement 133

Selvam & Selvam Blog

MARCH 28, 2022

Through this, the former aims to monopolize the market and kick out any remotely similar business operating under the mark. This is often perceived as a means of brand building and a way to assert and secure their position and goodwill in the market to avoid losing customers or market share to the smaller entities.

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

Plagiarism Today

OCTOBER 26, 2021

This primarily includes three groups of people: Those who sell costume elements on sites such as Etsy, those that use costumes in advertising or promotion and those that operated haunted attractions. However, commercial use of costumes still raises legal questions. They are part fashion, part artwork, part branding and part character.

Trademark 243

Trademark Copyright Cease and Desist Copying 243

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. 10(3)(b) TMD.

Law 62

Law Cease and Desist Art Marketing 62

TorrentFreak

JANUARY 8, 2022

It found that the majority (76%) openly advertised their payment options with Visa, Mastercard and PayPal leading the way. AAPA Engagement With The ‘Big Three’ Despite PayPal now being the largest player in the IPTV market according to AAPA’s own study, the anti-piracy group expresses no criticism for the payment processor.

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Branding Brands Branding Due Diligence 131

TorrentFreak

MARCH 10, 2022

Indeed, we report way more than they do but according to van Voorn, the North American market is being hit hard. The sites are taken down in a number of ways, from cease-and-desist warnings to full-blown litigation. The archived site image below shows that an alternative was also displayed on the site itself.

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Cease and Desist Reporting Advertising Advertising 94

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. The Plaintiff was the initial owner of the Trademark “HIT” for mosquito and insect repelling spray in the Tanzanian market but failed to renew its trade mark when it expired.

IP 83

IP Service Mark Cease and Desist Registration 83

TorrentFreak

MAY 18, 2022

The service was marketed and sold to users via these domains and through social media platforms. The complaint states that around September 24, 2021, the defendants were notified that their service violates federal laws and told to cease and desist. PrimeStreams Ignored Warning. The decision could prove costly.

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Cease and Desist Social Media Branding Brands 127

TorrentFreak

OCTOBER 5, 2021

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. This proved fruitless, however, since Universe simply shifted to new locations and different providers.

Copyright Infringement 118

Copyright Infringement Copyright Cease and Desist Social Media 118

The IPKat

AUGUST 8, 2021

The General Court then went on to consider that the use of an earlier right by a third party on the internal market, at the time of application for registration of a mark, is not an absolute condition in order to rely on bad faith ( Koton Ma?azacilik azacilik Tekstil Sanayi ve Ticaret v EUIPO (C?

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Cease and Desist Registration Business Marketing 128

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court begins with findings of fact, lavishing attention on the show’s plot and popularity.

Blogging 90

Blogging Social Media Television Fair Use 90

The IPKat

JANUARY 2, 2022

The well-known company was sued in a California federal court last year for using photos Schroeder took of Sumida posing next to a Volvo S60 as part of a "global advertising campaign" on Instagram without her permission. The Fashion Law reports on a copyright dispute between Volvo and photographer Jack Schroeder and model Britni Sumida.

Blogging 126

Blogging IP Non-Fungible Tokens Cease and Desist 126

Technology & Marketing Law Blog

DECEMBER 13, 2023

In return for users agreeing to the TOU, Craigslist provides services to its users “including but not limited to classified advertising, forums, and email forwarding.” 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.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

Kashishipr

JULY 21, 2021

The world’s largest markets for e-commerce are the United States of America, China, the United Kingdom, etc., Takedown notices, cease and desist notices, etc., It is worth noting that many counterfeits are advertised in local languages or posted on local websites. Educating the consumers is imperative.

Branding 105

Branding Brands Branding Cease and Desist 105

IP Tech Blog

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement? Tsingtao’s choice.

Trademark 104

Trademark Registering Trademarks Art Cease and Desist 104

Technology & Marketing Law Blog

DECEMBER 9, 2022

There is the famous example of NYU data researchers who received a cease-and-desist letter from Facebook/Meta for doing research on Facebook’s algorithm. The post Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2) appeared first on Technology & Marketing Law Blog.

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Blogging Law Contracts Cease and Desist 116

Technology & Marketing Law Blog

DECEMBER 15, 2021

In making this finding I draw an adverse inference from Defendant’s failure to initiate litigation against Plaintiff…by November 19, 2018, Defendant was using the DMCA Takedown Notices to suppress a market competitor rather than to enforce a legitimate good faith claim of copyright infringement. MGA Entertainment.

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Registration Fair Use Copyright Designs 111

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

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. The claimant was owner of VAGISIL, a long-established product on the UK market since 1984. I am pleased to say this isn’t one of them.

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Registration Cease and Desist Branding Brands 96

Erik K Pelton

NOVEMBER 3, 2020

Believe it or not, I even had to face changing my brand name early on as a result of receiving a cease and desist letter! a great trademark: Marketing department. Television advertising. Here are some of many things a business does not need in order to have. Corporate attorney. Physical offices. Legions of customers.

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Business Trademark Cease and Desist Branding 130

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

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Trademarks perform the following functions- Trademark or logo helps identify the goods and services easily: A trademark serves as a means of identification for a certain brand, corporation, or other entity, allowing it to be clearly distinguished from the other brands on the market.

Business 52

Business Trademark Registration Cease and Desist 52

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. During this period, defendants continued to grow and develop their inventory and marketed “Sturgis” and “Sturgis Motor Classic” rally products.

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Cease and Desist False Advertising Registration Licensing 64

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Sometimes marketing departments and independent divisions spin out valuable intellectual property assets that, for one reason or another, never made it past the desk of general counsel or a responsible executive.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Sometimes marketing departments and independent divisions spin out valuable intellectual property assets that, for one reason or another, never made it past the desk of general counsel or a responsible executive.

IP 52

IP Intellectual Property Social Media Cease and Desist 52