Cease and Desist, Design and Registering Trademarks

Cease-and-Desist Letter: How to Use It Effectively or Reply

Patent Trademark Blog

MAY 31, 2023

Why send a cease-and-desist letter? On its surface, a cease-and-desist letter seems like a less expensive way to enforce intellectual property rights. Would it make sense to send them a trademark infringement letter. Need to enforce your patent and trademark rights, or reply to a cease-and-desist letter?

Cease and Desist

Cease and Desist IP Trademark Registration

Here’s How You Can Maintain Your Trademark Registration in India

Kashishipr

NOVEMBER 2, 2022

However, there exist some steps and guidelines you can take and follow to ensure your Registered Trademark remains protected and valid. Firstly, it is imperative to understand what a trademark is and how it differs from other forms of Intellectual Property (IP). Exclusive Trademark Rights for Trademark Owners in India.

Registration

Registration Registering Trademarks Trademark Cease and Desist

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

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.

Cease and Desist

Cease and Desist Branding Brands Branding

How to Enforce Intellectual Property Without A Lot of Money

Patent Trademark Blog

MARCH 31, 2022

Don’t even think about being cheap when it comes to trademark registration. Without a properly registered trademark, you’ll end up with fewer options and greater costs to enforce your limited trademark rights. So how can you enforce a registered trademark inexpensively?

Intellectual Property

Intellectual Property Cease and Desist Registering Trademarks Litigation

Understanding Copyright, Trademark and Halloween Costumes

Plagiarism Today

OCTOBER 26, 2021

First, design elements that are “physically or conceptually separate” from the article can be protected. Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. Trademark infringement, however, isn’t like copyright.

Copyright

Copyright Trademark Cease and Desist Copying

How to Expedite Trademark Application: When and how can you speed up your trademark examination process?

Patent Trademark Blog

APRIL 5, 2022

Actually, it is significantly more difficult to expedite a trademark application than a patent application. 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.

Trademark

Trademark Cease and Desist Registration Patent Application

Groundless threat of trademark infringement: Is Section 142 a means to combat trademark bullying?

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’.

Cease and Desist

Cease and Desist Trademark Due Diligence Intellectual Property

China: Recycled Packaging and Trademark Infringement, a Questionable Decision in the Tsingtao Beer Case

IP Tech Blog

AUGUST 17, 2022

While a trademark administrative procedure would end within a few days with a peremptory order to cease and desist the illicit use of the bottles and a fine for the infringer, an unfair competition/trade dress lawsuit could last for 12 months and would be more expensive. 57 of the Trademark Law. Tsingtao’s choice.

Trademark

Trademark Registering Trademarks Art Cease and Desist

Supreme Court Rules “That Dog Don’t Hunt”: Bad Spaniels Toy’s Use of JACK DANIELS Marks is a Poor Parody and Dilution Act Applies

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).

Fair Use

Fair Use Trademark Cease and Desist Designs

Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

AUGUST 22, 2022

On 2 nd December 2021, Mason Rothschild began advertising an NFT collection of fur-covered Birkin-like handbags that he designed, advertising them as ‘METABIRKINS’. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice. The precedent set in Consim Info Pvt.

Trademark

Trademark Fair Use Registering Trademarks Non-Fungible Tokens

What are the intellectual property rights for startups?

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. This may include patent applications with patent offices or registering trademarks and copyrights with relevant authorities.

Intellectual Property

Intellectual Property Cease and Desist Invention Branding

Trademark Infringement in the Digital Age

IP and Legal Filings

MARCH 5, 2024

Trademark Law Before pre-digitalization The US Trademark Office (USPTO) defines a trademark as a word, phrase, design, or symbol that serves to identify and distinguish the products or services you sell apart from those of others. For trademark owners, litigation was their main option.

Trademark

Trademark Social Media Advertising Advertising

Which Type of Intellectual Property Protection Do I Need?

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. Trademark protects words, symbols, and slogans that identify products or services. Utility and Design Patents. That’s understandable.

Intellectual Property

Intellectual Property Invention Intellectual Property Law Design Patent

Supreme Court Rules “That Dog Don’t Hunt”: Bad Spaniels Toy’s Use of JACK DANIELS Marks is a Poor Parody and Dilution Act Applies

LexBlog IP

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.

Fair Use

Fair Use Cease and Desist Trademark Designs

Supreme Court Rules “That Dog Don’t Hunt”: Bad Spaniels Toy’s Use of JACK DANIELS Marks is a Poor Parody and Dilution Act Applies

LexBlog IP

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.

Fair Use

Fair Use Cease and Desist Trademark Designs

Which Types of IP (Intellectual Property) Protection Do Artists Need?

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. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work.

Intellectual Property

Intellectual Property IP Invention Designs

SpicyIP Weekly Review (February 6- February 12)

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. In this case, the Plaintiff, who is the proprietor of the mark “Footlockers” since 1988, has not used it for 30 years.

Designs

Designs Design Trademark Cease and Desist

Dealing with Counterfeits on E-Commerce Websites

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.,

Branding

Branding Brands Branding Cease and Desist

Trademark Enforcement Strategies – The Ultimate Path to Protection

Kashishipr

MAY 4, 2022

Have Proper Symbols of Trademark Registration & Ownership. If you don’t have a Registered Trademark in place but a good faith belief concerning you owning a mark exclusively, you should use the ‘TM’ symbol with your mark. Send Cease-&-Desist Letters Automatically. Bottom Line.

Social Media

Social Media Trademark Cease and Desist Registering Trademarks

SpicyIP Weekly Review (August 28 – September 3)

SpicyIP

SEPTEMBER 4, 2023

SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on Different IP Manuals and Guidelines The office of the Controller General of Patents, Design and Trademarks (CGPDTM) is inviting comments from stakeholders to revamp the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines. Notorious B.I.G.’s

Cease and Desist

Cease and Desist Patent Prosecution Trademark Derivative Work

2023 IP Resolutions Start with a Review of IP Assets

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. Likewise, it makes no sense for a company not to have a firm understanding of its potential intellectual property assets.

IP

IP Intellectual Property Social Media Cease and Desist

The Role of Brand Names in Business

azrights

MARCH 23, 2022

So, he was in disbelief when he received a cease and desist letter from lawyers acting for the high end China Tang at the Dorchester Hotel in Mayfair whose rights to use the name stemmed from a figurative trademark in class 43 (restaurant services, catering services, cafes, cafeterias, and self-service restaurants) registered in 2005.

Business

Business Branding Brands Branding

The Importance of Trademark Clearance Searches for Businesses

Kashishipr

OCTOBER 6, 2021

The same can be possible through trademarking any word, symbol, design, or phrase that the company uses to identify itself in the marketplace. Failure to conduct a comprehensive trademark search can become challenging for businesses that end up facing Trademark Infringement.

Business

Business Trademark Cease and Desist Registration

2023 IP Resolutions Start with a Review of IP Assets

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. Likewise, it makes no sense for a company not to have a firm understanding of its potential intellectual property assets.

IP

IP Intellectual Property Social Media Cease and Desist

SpicyIP Weekly Review (December 18- December 24)

SpicyIP

DECEMBER 24, 2023

on December 20, 2023 (Delhi High Court) The Plaintiff contended that a website run by Novotas Biotech, the erstwhile company, used a logo in similar colour scheme as the Plaintiff’s registered mark was active even though its status in the Registrar of Companies was struck off. and Ors. , Body Cupid Pvt Ltd vs Ms Vbro Skincare Pvt & Ors.

Registration

Registration Trademark Copyright Registering Trademarks

Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)

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.

Trademark

Trademark Blogging Trademark Law Fair Use

Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Technology & Marketing Law Blog

NOVEMBER 27, 2023

However, another purpose of Section 2(c) is to protect the rights of publicity and privacy of living individuals and deceased Presidents by preventing others from registering trademarks that contain their name, portrait, or signature without permission.

Registration

Registration Trademark Blogging Law

Intellectual Property Pulse

Cease-and-Desist Letter: How to Use It Effectively or Reply

Here’s How You Can Maintain Your Trademark Registration in India

Trending Sources

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

How to Enforce Intellectual Property Without A Lot of Money

Understanding Copyright, Trademark and Halloween Costumes

How to Expedite Trademark Application: When and how can you speed up your trademark examination process?

Groundless threat of trademark infringement: Is Section 142 a means to combat trademark bullying?

China: Recycled Packaging and Trademark Infringement, a Questionable Decision in the Tsingtao Beer Case

Supreme Court Rules “That Dog Don’t Hunt”: Bad Spaniels Toy’s Use of JACK DANIELS Marks is a Poor Parody and Dilution Act Applies

Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

What are the intellectual property rights for startups?

Trademark Infringement in the Digital Age

Which Type of Intellectual Property Protection Do I Need?

Supreme Court Rules “That Dog Don’t Hunt”: Bad Spaniels Toy’s Use of JACK DANIELS Marks is a Poor Parody and Dilution Act Applies

Supreme Court Rules “That Dog Don’t Hunt”: Bad Spaniels Toy’s Use of JACK DANIELS Marks is a Poor Parody and Dilution Act Applies

Which Types of IP (Intellectual Property) Protection Do Artists Need?

SpicyIP Weekly Review (February 6- February 12)

Dealing with Counterfeits on E-Commerce Websites

Trademark Enforcement Strategies – The Ultimate Path to Protection

SpicyIP Weekly Review (August 28 – September 3)

2023 IP Resolutions Start with a Review of IP Assets

The Role of Brand Names in Business

The Importance of Trademark Clearance Searches for Businesses

2023 IP Resolutions Start with a Review of IP Assets

SpicyIP Weekly Review (December 18- December 24)

Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)

Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

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