Technology & Marketing Law Blog

DECEMBER 5, 2022

Case Citation : Digital Marketing Advisors 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. The post 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v.

Marketing 77

Marketing Marketing Cease and Desist Fair Use 77

SpicyIP

SEPTEMBER 25, 2023

Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Some Perspectives Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Emami Ltd. Swapnil Patil & Ors. on 15 September.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

Indiana Intellectual Property Law

AUGUST 9, 2021

Hammond, Indiana – Monster Energy Company (“Monster”), the Plaintiff, claims to be a nationwide leader in marketing and selling ready-to-drink beverages. billion dollars promoting and marketing the MONSTER brand including the Claw Icon and the Monster Trade Dress. Since 2002, Monster asserts it has spent over $8.5

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

TorrentFreak

JULY 30, 2023

Their responses consisted mostly of denials, quite a few statements indicating a lack of knowledge, a scattering of affirmative defenses, and a concession that the plaintiffs had indeed sent cease and desist letters in both April and June 2021. He followed that up with zero cooperation towards discovery.

Cease and Desist 80

Cease and Desist Reporting Business Technology 80

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. Hershey alleges in their complaint that Cookie Department released packaging and marketing materials for cookie products with the same conical shape.

Cease and Desist 106

Cease and Desist Branding Brands Branding 106

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market. Trade Secrets: Trade secrets encompass confidential information critical for a startup’s success; this may include formulas, processes, customer lists, marketing strategies etc.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

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

LexBlog IP

AUGUST 16, 2023

You make moves to expand your market, and suddenly you get a cease-and-desist letter from another business that has better rights to the trademark. Market Setback : Rebranding could disrupt ongoing marketing campaigns and initiatives, potentially causing a setback in the brand’s market position and competitiveness.

Branding 40

Branding Brands Branding Registration 40

LexBlog IP

NOVEMBER 15, 2022

Design Patent No. 13, 2015, which was the design patent asserted in the matter noted above. Design Patent No. The Quarles & Brady design rights legal team is nationally-recognized for its extensive knowledge and practice experience in this complex and important field. Annotated versions of Figure 1 of U.S.

Cease and Desist 52

Cease and Desist Design Patent Patent Designs 52

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.

Copyright 129

Copyright Cease and Desist Fair Use Litigation 129

Plagiarism Today

OCTOBER 26, 2021

First, design elements that are “physically or conceptually separate” from the article can be protected. Lawsuits around these particular issues are rare and the disputes that do arise typically are handled through cease and desist letters or takedown notices. However, there are two key exceptions to this.

Trademark 233

Trademark Copyright Cease and Desist Copying 233

Corsearch

FEBRUARY 22, 2024

Imagine you’ve conjured up the hottest brand on the market – “Crispy Crunch Delights” , complete with a jazzy logo. Even with innocent intentions, these trademark violations can attract legal eagles faster than you can say, “cease and desist.” We explore in this article. What is trademark infringement?

Branding 59

Branding Brands Branding Trademark 59

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.

Cease and Desist 85

Cease and Desist Business Litigation Law 85

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. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.

Ownership 64

Ownership Cease and Desist Fair Use Copyright 64

Technology & Marketing Law Blog

APRIL 29, 2023

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing 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. MGA Entertainment The post Surprise!

Fair Use 99

Fair Use Cease and Desist Copyright Trademark 99

Technology & Marketing Law Blog

MAY 2, 2022

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. This seems like a question that must be answered before granting equitable relief designed to help it continue operating its business… ¯_(?)_/¯.

Cease and Desist 112

Cease and Desist Contracts Privacy Business 112

Technology & Marketing Law Blog

OCTOBER 28, 2022

But much of this business model is contingent on being able to sell flights directly through Ryanair’s site to control the market for ancillary services. 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.

Blogging 89

Blogging Cease and Desist Business Litigation 89

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. It implies using it well on your products or marketing material and ensuring using it the same way as registered.

Registration 52

Registration Registering Trademarks Trademark Cease and Desist 52

LexBlog IP

MAY 8, 2023

Consider how you’re going to bring the game to market and to your business plan. and abroad: This essential step strategically files word marks and design marks in the U.S. Design patent filing – U.S. Note any elements of the game that are particularly new and creative or representative of your brand.

Intellectual Property 52

Intellectual Property Cease and Desist IP Litigation 52

Technology & Marketing Law Blog

AUGUST 8, 2021

” Market Effect. “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.

Fair Use 131

Fair Use Television Cease and Desist Copyright 131

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. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Barrett Financial appeared first on Technology & Marketing Law Blog.

Fair Use 66

Fair Use Cease and Desist Copyright Ownership 66

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. Broad Injunction Against Universe IPTV.

Copyright Infringement 121

Copyright Infringement Copyright Cease and Desist Social Media 121

The IPKat

JANUARY 2, 2022

The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. The author presents a case pending before the Supreme Court Patent that addresses this question ( Olaf Sööt Design, LLC v. Daktronics, Inc.,

Blogging 126

Blogging IP Non-Fungible Tokens Cease and Desist 126

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.

Fair Use 104

Fair Use Cease and Desist Contracts Ownership 104

Technology & Marketing Law Blog

OCTOBER 4, 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. RIAA appeared first on Technology & Marketing Law Blog. MGA Entertainment.

Cease and Desist 87

Cease and Desist Fair Use Copyright Blogging 87

SpicyIP

NOVEMBER 26, 2022

In the last week of October, NSE proceeded to issue cease and desist notices to stock gaming apps to prevent them from using its data in their gaming apps that mirror the real-time trading of shares. It is computed to serve a particular function, i.e., representation of the market dynamics of share trade. MERGER DOCTRINE .

Copyright 105

Copyright Cease and Desist Copyright Law Copying 105

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. Babybus appeared first on Technology & Marketing Law Blog. MGA Entertainment.

Fair Use 98

Fair Use Cease and Desist Copying Copyright Infringement 98

Technology & Marketing Law Blog

AUGUST 18, 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. Day to Day Imports appeared first on Technology & Marketing Law Blog. MGA Entertainment.

Fair Use 106

Fair Use Cease and Desist Copyright Blogging 106

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.

Trademark 87

Trademark Social Media Advertising Advertising 87

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. It could be a phrase, mark, motto, or even just a combination of colors or sounds.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Given the investment required to bring a company or product to market, it is well worth having a trademark attorney handle the application. . Design patents.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

Registration 114

Registration Fair Use Copyright Designs 114

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

Kluwer Copyright Blog

DECEMBER 14, 2022

By opening the ability to conduct repairs to everyday people, it seeks to extend product lifespan, reduce waste, encourage market competition, increase consumer choice, and facilitate innovative processes. Citing the U.S.

Copyright 103

Copyright Cease and Desist Fair Use Publishing 103

LexBlog IP

OCTOBER 25, 2021

Starting in 2004 , the Company began issuing cease-and-desist letters to competitors, demanding that they prevent their search ads from appearing in response to the keyword “1-800 Contacts.” However, in the fall of 2019 , Warby Parker became a direct competitor of 1-800 Contacts by entering the contact lens market.

Advertising 52

Advertising Advertising Trademark Cease and Desist 52

Kashishipr

JULY 21, 2021

The world’s largest markets for e-commerce are the United States of America, China, the United Kingdom, etc., Counterfeit goods can include fake designer clothes, bags, watches, accessories, perfumes, pirated DVDs, CDs, smartphones, computer games, and many more. Takedown notices, cease and desist notices, etc.,

Branding 105

Branding Brands Branding Cease and Desist 105

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.

Blogging 97

Blogging Contracts Intellectual Property Social Media 97