The IP Law Blog

APRIL 13, 2023

However, after hiring three professional athletes, including Maxx Crosby of the Las Vegas Raiders, to appear in a new advertisement, the NFL sent a cease-and-desist letter to Dimopoulos accusing the firm of unauthorized use of the Raiders’ marks. The Dimopoulos Law Firm alleges that the NFL’s cease-and-desist letter is unfounded.

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Technology & Marketing Law Blog

AUGUST 24, 2023

In the context of web scraping, the question is whether, once a web scraper gets its authorization revoked (usually via cease-and-desist letter, but often in the form of various anti-bot protections), whether any further scraping and use of a website’s data is “without authorization” within the meaning of the CFAA.

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Blogging Contracts Intellectual Property Social Media 96

Technology & Marketing Law Blog

OCTOBER 28, 2022

As usual in these types of cases, Ryanair sent cease-and-desist letters to Booking telling it to stop. That’s not what the statute is designed to prevent. Booking (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Needless to say, it didn’t stop. hiQ Labs II at 43. –RyanAir v.

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Blogging Cease and Desist Business Litigation 88

SpicyIP

SEPTEMBER 25, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Wondering what IP developments took place last week? Swapnil Patil & Ors.

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Cease and Desist Copyright Infringement Invention Social Media 105

Technology & Marketing Law Blog

JUNE 21, 2023

1125(c)(3)(C) by claiming its humorous use of the Jack Daniel’s marks was not pure commercial speech because it poked fun at the company in the Bad Spaniels design. Parody doctrine can apply when a similar mark is used as a designation of source, such as in the Chewy Vuiton case. Source-identifying uses of marks.

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Trademark Blogging Trademark Law Fair Use 100

Patent Trademark Blog

MARCH 13, 2024

Whether they are asserted in the form of cease-and-desist letter or an Amazon patent violation, an accused infringer needs to gauge the seriousness of the problem. Utility patents are generally more complicated to review than design patents. Noninfringement of a design patent boils down to the appearance.

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Patent Infringement Cease and Desist Patent Design Patent 52

Patent Trademark Blog

JANUARY 18, 2024

If your product has unique aesthetic features that are nonfunctional, file a design patent application. When the novelty of your concept includes a combination of functional and nonfunctional features, it may make sense to file both utility and design patents. See utility patent costs here and design patent costs here.

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Design Patent Patent Cease and Desist Designs 52

IPilogue

MARCH 2, 2022

On January 14, 2022, Hermès filed a trademark infringement and dilution lawsuit against Mason Rothschild, the designer of MetaBirkin Non-Fungible Tokens (NFTs), a collection of 100 fur-covered Birkin-shaped bags, which launched in December 2021 on the NFT exchange platform OpenSea. . Hermès’ Action. Trademark Protection in the Metaverse .

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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. 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 117

Kashishipr

MAY 4, 2022

Additionally, with image recognition technology, you can conveniently spot your brand’s trademark design within online graphics and pictures. Send Cease-&-Desist Letters Automatically. What serves as the bread and butter of trademark enforcement is sending cease-and-desist letters.

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Social Media Trademark Cease and Desist Registering Trademarks 105

IPilogue

OCTOBER 26, 2022

In April 2022 , Uffizi sent a cease-and-desist in response to Jean Paul Gaultier’s current use of the Birth of Venus , but the fashion brand never replied and continued its unauthorized use. . Jean Paul Gaultier originally used Birth of Venus in its S/S 1995 Collection on a sheer mesh top.

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Social Media Cease and Desist Public Domain Artwork 120

Intepat

MAY 28, 2024

This success is largely attributed to Apple’s effective trademarking of various designs and sounds related to its products and services. Notably, Apple trademarked its store design in the United States in 2011. Design Aesthetics: Apple is known for its minimalist and sleek product design. In 2007, Apple Inc.

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Trademark Intellectual Property Branding Brands 52

Technology & Marketing Law Blog

NOVEMBER 27, 2023

Tam ” (2018), and my guest post on Eric Goldman’s Technology and Marketing Law Blog written after the Federal Circuit’s decision in In re Elster.) The Court arguably used this approach in the Jack Daniel’s opinion, as explained at the end of my blog post about that decision.

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Registration Trademark Blogging Law 74

Technology & Marketing Law Blog

MARCH 15, 2022

That’s by design–the DMCA was designed to resolve matters outside of court. Now, imagine the rightsowner also overclaimed trade dress protection for its sage leave design. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. MGA Entertainment.

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Copyright Fair Use Cease and Desist Litigation 128

Patent Trademark Blog

MARCH 31, 2022

In certain circumstances, a cease-and-desist letter may accomplish your objectives. If a design patent is being infringed, Amazon may remove the listing without further effort from the patent owner. Patent owners may still consider the cease-and-desist letter option, but beware of the declaratory judgment risk discussed above.

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Intellectual Property Cease and Desist Registering Trademarks Litigation 52

Patent Trademark Blog

APRIL 5, 2022

To speed up patent applications, you have options like Track One and Rocket Docket for utility and design applications, respectively. So this extraordinary remedy is limited by design. appeared first on Patent Trademark Blog | IP Q&A. What are your options with a canceled or expired trademark registration?

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Trademark Cease and Desist Registration Patent Application 52

Technology & Marketing Law Blog

MAY 2, 2022

Our blog post on the original Ninth Circuit ruling: “ Ninth Circuit Says LinkedIn Wrongly Blocked HiQ’s Scraping Efforts ”.). 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. Conservice (Guest Blog Post).

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IPilogue

OCTOBER 19, 2021

The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. When it comes to food designs, how far can a trademark go? On September 28, 2021 , The Hershey Co. Cookie Department”) for copying Hershey’s famous Kisses shape.

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Cease and Desist Branding Brands Branding 106

Technology & Marketing Law Blog

OCTOBER 4, 2022

[I’ll blog the Supreme Court’s cert grant in Gonzalez v. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Google probably later this week.]. MGA Entertainment.

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Cease and Desist Fair Use Copyright Blogging 86

Technology & Marketing Law Blog

AUGUST 18, 2022

Start with my prior blog post. I’m simplifying a lot–see my prior blog post for the gory details). Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v.

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Fair Use Cease and Desist Copyright Blogging 104

JIPEL Copyright Blog

APRIL 26, 2021

How does an influencer and fashion designer become so despised? They first called out Bernstein on their Instagram stories and privately sent her and We Wore What a cease and desist letter in August 2020. In this case, via alleged copyright infringement. If successful, this would mean TGE could not file an infringement suit).

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Social Media Copying Branding Brands 52

SpicyIP

SEPTEMBER 4, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Eminem sends cease and desist notice to Vivek Ramaswamy. Wondering what IP developments took place last week? Highlights of the Week Image from here Microsoft Corporation V.

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Cease and Desist Patent Prosecution Trademark Derivative Work 105

Technology & Marketing Law Blog

DECEMBER 5, 2022

Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Zen Path. * Disclosure of the Substance of Privileged Communications via Email, Blog, and Chat Results in Waiver — Lenz v.

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Marketing Marketing Cease and Desist Fair Use 75

Technology & Marketing Law Blog

AUGUST 16, 2023

By design, it seeks to push questions over ownership to court, rather than have the intermediary service try to resolve those question. Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. HSI * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v.

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Ownership Cease and Desist Fair Use Copyright 63

Patent Trademark Blog

FEBRUARY 22, 2022

Competitors invest significant amounts of time and money in studying patents in order to design around them. We have also responded to cease-and-desist letters where we clearly laid out our reasons for noninfringement. appeared first on Patent Trademark Blog | IP Q&A. The post What is a Notice of Allowance?

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Patent Application Cease and Desist Patent Patent Infringement 52

Technology & Marketing Law Blog

APRIL 29, 2023

Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. HSI * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Zen Path * Disclosure of the Substance of Privileged Communications via Email, Blog, and Chat Results in Waiver — Lenz v.

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Fair Use Cease and Desist Copyright Trademark 98

Technology & Marketing Law Blog

AUGUST 25, 2022

The Court held that hiQ raised at least serious questions going to the merits of its California Unfair Competition Law (“UCL”) claim and the applicability of the CFAA, based in part on the alleged anti-competitive conduct designed to suppress hiQ’s competitive products. LinkedIn appeared first on Technology & Marketing Law Blog.

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Cease and Desist Business Litigation Law 83

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 1125(c)(3)(A). 1125(c)(3)(A).

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Fair Use Trademark Cease and Desist Designs 130

Technology & Marketing Law Blog

MARCH 6, 2022

Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v. Zen Path. * Disclosure of the Substance of Privileged Communications via Email, Blog, and Chat Results in Waiver — Lenz v.

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Fair Use Cease and Desist Copying Copyright Infringement 97

Selvam & Selvam Blog

MARCH 28, 2022

Such groundless threats are commonly achieved by sending cease and desist letters or legal notices threatening the recipient with legal proceedings. Lately, this has been called out as ‘ trademark bullying’ and recently, BigBasket and DailyBasket were involved in a tussle over the word ‘Basket’.

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Technology & Marketing Law Blog

AUGUST 8, 2021

“Plaintiffs have adequately alleged that a member of the general online public ‘might see the EMMY Statuette Design as used by Defendant and mistakenly believe that there is a link between Plaintiffs and Defendant or find the association offensive, thus tarnishing the mark.'” .” UGH. No evidence re. July 30, 2021).

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Fair Use Television Cease and Desist Copyright 130

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Additionally, copyrights can also extend to website content, graphic designs, logos, videos, and other digital assets. Design patents: Design patents protect novel ornamental designs for an article. For startups in the digital age, copyrights are particularly important in safeguarding software programs and applications.

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Intellectual Property Cease and Desist Invention Branding 52

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Instead, Source Capital alleges the DMCA takedown notices were “knowingly false” and designed to kick Source Capital out of the Google search results during the high season. Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.

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Fair Use Cease and Desist Copyright Ownership 65

Kashishipr

NOVEMBER 2, 2022

A trademark refers to any sign, expression, or design identifying the products or services of one company and differentiating them from those of others. The same includes sending Cease and Desist letters or initiating legal proceedings if required.

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Registration Registering Trademarks Trademark Cease and Desist 52

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. Blogs continue to be essential tools for learning, communication, and creating thriving online communities.

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Intellectual Property Cease and Desist Copyright Law Music 52

The IP Law Blog

JANUARY 12, 2023

Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. . However, there are precautionary steps a company can take to prevent unintended liabilities.

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IP Intellectual Property Social Media Cease and Desist 98

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. He also considered the two-step infringement test from Designers Guild listed in paragraph 126. Infringement of protected works.

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Copyright Law Copyright Law Cease and Desist 105