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How to Get Sued for Sending a Cease-and-Desist Letter: Declaratory Judgment

Patent Trademark Blog

Can you get sued for sending a cease-and-desist letter? Before you send that cease-and-desist letter, understand this risk and gauge the probability of the other side escalating the fight. Need a smart strategy for enforcing your patent and trademark? Yes, you can get sued for sending a C&D letter.

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Web Scraping for Me, But Not for Thee (Guest Blog Post)

Technology & Marketing Law Blog

All the world’s knowledge is available for the taking on the Internet, and web scraping is how companies acquire it at scale. Many web scrapers were clumsy and didn’t realize the impact of their additional requests on servers. When we talk about web scraping, what we’re really talking about is data access.

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Trademark Enforcement: How to Stop Infringement of Your Brand

Patent Trademark Blog

How can you realistically enforce your trademarks? If you haven’t done so already, have your trademark application filed by a patent and trademark attorney with experience in the potential obstacles that might arise. Should you send a trademark cease-and-desist letter? How much does trademark enforcement cost?

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Through the Fire? Not Anymore – European Court of Justice strengthens Rights of Patent Owners in Germany

IP Tech Blog

For many years, German courts would, in principle, only grant a preliminary injunction in a patent case, if the patent in suit had “gone through the fire” in the sense of having survived an adversarial opposition or nullity proceeding at first instance. The post Through the Fire?

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Let the Chips Fall Where They May: Hershey Sues Californian Cookie Maker

IPilogue

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? This case is one of many battles between Cookie Department and Hershey.

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Small business trademark protections are more critical than ever

Erik K Pelton

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! Here are some of many things a business does not need in order to have. Running a small business involves making decisions about many costs that are not mandatory but that are very important to the business.

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What is a common law trademark?

Patent Trademark Blog

How are trademark rights determined in the US? In contrast, many foreign countries give trademark rights to the first filer. Unlike patent litigation, there is no requirement that a mark first be registered before it can be enforced in trademark litigation. appeared first on Patent Trademark Blog | IP Q&A.