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.

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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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IP and Legal Filings

NOVEMBER 11, 2021

Generic Trademarks: An Introduction. 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. Primarily, trademarks perform four functions. Firstly, trademarks help distinguish one product from another in the market.

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Trademark Cease and Desist Branding Brands 81

Patent Trademark Blog

APRIL 5, 2022

Can you expedite a US trademark application? While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. So this extraordinary remedy is limited by design.

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LexBlog IP

APRIL 13, 2023

A dispute has emerged between the NFL, the Las Vegas Raiders, and the Dimopoulos Law Firm over the NFL and the Raiders threatening to sue the firm for trademark infringement. The Dimopoulos Law Firm alleges that the NFL’s cease-and-desist letter is unfounded.

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Selvam & Selvam Blog

MARCH 25, 2021

Trademark bullying has always been a cause for concern because it spells out overstepping the line, monopoly and power all in one place most of the times. As the name suggests, trademark bullying happens when a registered trademark owner, without justifiable reason, threatens or tries to threaten another trademark owner with legal action.

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SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

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 89

Biswajit Sarkar Copyright Blog

AUGUST 9, 2022

Online advertisers bid to use keywords from search engines that feature famous brand names to divert customers to their website which damages the brand’s reputation. In this blog, we will see brands and trademarks on the internet and how to protect them from infringement. Domain names and trademarks. Protecting brands.

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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.

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Selvam & Selvam Blog

OCTOBER 31, 2021

A trademark can be referred to as a recognizable sign, word or symbol that can be used to denote and distinguish a specific product or service from others. Some examples of popular trademarks that have become genericized over time are ‘Cellophane’ tape, ‘Escalator’, ‘Thermos’, and ‘Aspirin’ among so many others.

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Trademark Cease and Desist Registering Trademarks Branding 52

Indiana Intellectual Property Law

AUGUST 6, 2021

From that transaction, Energy owns multiple trademark registrations including the three at issue in this case, U.S. Energy claims FTA promotes and provides its services using trademarks and trade dress that are confusingly similar to the Energy Marks and trade dress. Registration Nos. The case was assigned to Judge Richard L.

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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. One of the key elements of the NCAA’s intellectual property rights is the trademark for the phrase “March Madness.”

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Branding Brands Branding Cease and Desist 40

IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?

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Trademark Registering Trademarks Art Cease and Desist 104

TorrentFreak

MARCH 14, 2022

YouTube Vanced (or just Vanced, for those who dislike trademark issues) is the work of Team Vanced at XDA Developers. Speculation that the team had received some sort of legal threat weren’t answered directly but a member of the team strongly hinted that a cease-and-desist may have been received. YouTube Vanced.

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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. Furthermore, Nollywood actress Ann Njemanze sued famous filmmaker Zeb Ejiro and Filmone Entertainment and Film Trybe Media for infringing on her copyright and trademark of “DOMITILLA”.

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IP Service Mark Cease and Desist Registration 83

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., disputes between domain names and trademarks).

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Blogging IP Non-Fungible Tokens Cease and Desist 126

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? The court begins with findings of fact, lavishing attention on the show’s plot and popularity.

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Blogging Social Media Television Fair Use 90

Kashishipr

JULY 21, 2021

The problem of counterfeiting not only puts brands at risk of their trademarks, brand value, and goodwill getting damaged but also puts consumers at the risk of receiving sub-standard quality products, which may ultimately affect their health and wellbeing. Takedown notices, cease and desist notices, etc.,

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Branding Brands Branding Cease and Desist 105

The TTABlog

JULY 29, 2021

Respondent, who then sent a cease-and-desist letter to petitioner, prompting the subject petition for cancellation. Nema Foods claimed to have an "understanding" with petitioner that Nema would own the trademark, but it provided no evidence to support that claim. In 2018, petitioner terminated its arrangement with respondent.

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SpicyIP

FEBRUARY 13, 2023

Other Posts Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision? Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision.

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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.

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Blogging Copyright Contracts Cease and Desist 78

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Defining Trademark A “trademark” is a mark which is used for a commercial purpose. How do trademarks function? Trademarks reduces the chance of confusion: Trademarks helps in preventing confusion in the minds of consumers by indicating the source and quality of the product, they are intending to use.

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Erik K Pelton

NOVEMBER 3, 2020

I am particularly sensitive to the trademark challenges that small businesses face for several reasons. Pelton & Associates, to advise and counsel others about trademark protection. 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!

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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. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel. Or, for whatever reason, just don’t want people accessing their data.

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Blogging Law Contracts Cease and Desist 116

Kashishipr

MAY 4, 2022

Trademarks provide multiple crucial advantages to businesses and customers alike. Trademarks also carry all the image and reputation a brand builds over the years. Furthermore, inconsistent or improper use of a trademark can obstruct its owner’s ability to enforce the trademark rights in a given brand.

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IPilogue

MARCH 2, 2022

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. Hermès is embroiled in constant legal battles defending the Birkin against trademark infringement and passing-off. Trademark Protection in the Metaverse .

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Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

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 Guardian , the BBC and the FT all covered the case, summarising it fairly well – although all three spelt “trademark” as one word (ARGH!).

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43(B)log

AUGUST 18, 2021

29, 2021) This is part of a long-running trademark case, now over 10 years old. 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. Sturgis Motorcycle Rally, Inc. 2021 WL 1176242, No.

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The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

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IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

DECEMBER 24, 2023

on December 21, 2023 (Delhi High Court) Image from here The Appellant filed an appeal against the order of the Trademark Registry allowing the opposition against the Appellant’s ‘BSA’ mark. the Court held that such usage would amount neither to infringement of the trademark, nor taking of unfair advantage of the Respondent’s mark.

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LexBlog IP

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

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IP Intellectual Property Social Media Cease and Desist 52

The TTABlog

AUGUST 15, 2022

Under Section 45 of the Trademark Act, a mark shall be deemed abandoned "[w]hen its use has been discontinued with intent not to resume use. Nor was there any evidence of advertising. The Board held that "an intent to sell a trademark separate and apart from an ongoing business supports finding an intent not to resume use (i.e.,

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Registration Cease and Desist Branding Brands 52

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

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SpicyIP

NOVEMBER 21, 2022

Pharmaceutical Trademark Confusion: Poison Pill or Public Health? Tata SIA Airlines, vacating the ex parte interim injunction granted against Vistara’s use of term “Fly Higher” in its advertisements. Exams for selection of trademark agents scheduled for May 2023, after a gap of 10 years. Highlights of the Week.

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Technology & Marketing Law Blog

JUNE 21, 2023

She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] The Trademark Infringement Claim A new gateway requirement for application of the Rogers test. 1114(1) or 15 U.S.C.

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