Indiana Intellectual Property Law

APRIL 1, 2024

The jury’s March 2024 verdict found inTech Trailers guilty of willfully infringing on Forest River’s trademarks, specifically those associated with its popular Della Terra brand and distinctive mountain design. Forest River promptly issued a cease and desist demand to inTech upon discovering the infringement.

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IP Law 360

JULY 25, 2022

A Canadian engineering firm can't countersue an Ohio-based agricultural device manufacturer for sending cease-and-desist letters that accused it of trade secret theft related to designs for a cannabis trimmer, a federal judge has ruled, citing the First Amendment.

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Plagiarism Today

JANUARY 12, 2022

1: LEGO is Being Sued for Copyright Infringement Over Leather Jacket Design. First off today, The Fashion Law reports that LEGO is facing a lawsuit from artist James Concannon following the inclusion of a jacket similar to one that he designed as part of a recent LEGO set. According to Concannon, he designed the jacked in 2018.

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Technology & Marketing Law Blog

FEBRUARY 27, 2022

With that, it’s fair to say that many of the key questions in this area of law are still undecided. TPG aggregates and collects information from the most prominent rewards programs and provides a series of rankings and recommendations designed to help maximize your rewards points. Thus, the Points Guy.

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TorrentFreak

NOVEMBER 22, 2021

Among other things, the coordinated Friday release scheme was designed to reduce piracy. A copy of a copyright complaint / cease-and-desist notice shared with TorrentFreak (as far as we know sent by the RIAA as early as November 17) warns that distributing copyrighted tracks in advance of their commercial release is illegal.

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Cease and Desist Music Copying Copyright 133

The IPKat

APRIL 27, 2024

Analysis of these cases often raises questions about the conditions for protection under copyright and design law, and even about the concept of cumulative protection. Facts ROSAE PARIS designs and sells ready-to-wear clothing, leather goods and accessories. A Kat taking a rest.

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Cease and Desist Designs Design Copyright Infringement 67

IPilogue

AUGUST 19, 2022

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. 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. Copyright of scripts. Character of Del Boy.

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Copyright Law Copyright Law Cease and Desist 105

IPilogue

OCTOBER 26, 2022

Ariel Goldberg a 1L JD candidate at Osgoode Hall Law School. The Code of the Cultural and Landscape Heritage’s legal force is separate from copyright laws and remains in effect when copyright protection does not. Photo Credits: The Fashion Law ; Jean Paul Gaultier ).

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Social Media Cease and Desist Public Domain Artwork 120

JD Supra Law

DECEMBER 8, 2021

Lululemon and Peloton are suing each other over clothing design patents and trade dress. Specifically, the case involves designs for athletic bras and leggings. Peloton won the "race to the courthouse" in response to a cease and desist letter from Lululemon's counsel. By: Spilman Thomas & Battle, PLLC

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Cease and Desist Design Patent Designs Design 52

Indiana Intellectual Property Law

AUGUST 9, 2022

PUMA SE , based in Herzogenaurach, Germany, is a multi-national company that designs and manufactures athletic and casual footwear, apparel, and accessories. Brooks”) cease and desist the use of the Mark NITRO mark in connection with footwear. 1114 and Design Patent Infringement in violation of 35 U.S.C. § § 271 and 283.

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Patent Infringement Cease and Desist Trademark Design Patent 52

Indiana Intellectual Property Law

OCTOBER 30, 2023

Freedom Mortgage alleges that the Defendant, Freedompoint, began using the word and design marks FREEDOMPOINT, FREEDOMPOINT MORTGAGE, and their FREEDOMPOINT logo as early as 2020. According to Court documents, all the trademarks are specified for use in financial services, specifically the mortgage industry. Continue reading

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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? French lawmakers propose a law to establish a tax regime for works generated by AI.

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Cease and Desist Copyright Infringement Invention Social Media 105

Indiana Intellectual Property Law

JULY 28, 2022

LVB is in the business of designing, manufacturing and selling window treatments, blinds and shades. Plaintiff also claims Defendants’ actions amount to unfair competition, false designation of origin, in violation of 15 U.S.C. 1125 and Trademark Infringement under Indiana Common Law.

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Indiana Intellectual Property Law

JULY 21, 2022

According to the Complaint, in or around March 2022, Thrivent requested the Defendant, PFJ Ventures LLC a/k/a Thrivant Consulting LLC , “PFJ Ventures” to cease and desist the use of the Mark THRIVANT mark in connection with financial services. 1125 and Trademark Infringement under Indiana Common Law.

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Cease and Desist Trademark Designs Design 52

The IPKat

FEBRUARY 29, 2024

Copyright and design rights are often invoked in parallel, particularly in relation to works of applied art [ e.g. IPKat here ]. In July 2019, a cease-and-desist letter was sent to the company H Z without much effect. This position is nothing new and is in line with well-established case law [IPKAT here , here and here ].

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Copyright Infringement Copyright Cease and Desist Intellectual Property 100

Indiana Intellectual Property Law

AUGUST 9, 2021

Monster claims Bear’s logo consisting of a claw mark design in a green and black color scheme is confusingly similar to the Claw Icon and Monster Trade Dress. Following further cease and desist communications, it does not appear Bear has discontinued its use of its claw logo in connection with a black and green color scheme.

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Cease and Desist Trademark Branding Brands 52

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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The IPKat

OCTOBER 21, 2023

This time this Kat encountered a recent French case involving incidental inclusion, an optional exception/limitation to copyright under EU copyright law [ IPKat on incidental inclusion here ]. This lamp was registered as an international design on 28 January 1991 [ here ]. The interior designer then appealed. 112-1 and L.112-2-10

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Moral Rights Cease and Desist Copyright Infringement Copyright 86

LexBlog IP

AUGUST 14, 2023

With the surge in utility model and design patent applications in China, the role of Patent Evaluation Reports (PER) has become increasingly significant. The Double-Edged Sword of PER While PER can be a valuable asset for enforcing utility model or design patents, it also carries risks. Who Can Request a PER?

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Reporting Cease and Desist Patent Intellectual Property 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.

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Cease and Desist Reporting Business Technology 78

Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. The law related to web scraping is far too nuanced to make such a declarative statement. If you said or implied that the CFAA is the only law that governs web scraping. Don’t worry! You’re not alone.

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Blogging Law Contracts Cease and Desist 116

IPilogue

OCTOBER 19, 2021

Hall Law School. . 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? Writer, IP Innovation Clinic Fellow,?and and a 2L JD Candidate at?Osgoode?Hall

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Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. First, design elements that are “physically or conceptually separate” from the article can be protected. If the costume isn’t licensed, why is it not infringing regardless of the name change?

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Trademark Copyright Cease and Desist Copying 239

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., Julie Zerbo tells the rest of the story on The Fashion Law.

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Blogging IP Non-Fungible Tokens Cease and Desist 126

Technology & Marketing Law Blog

MARCH 15, 2022

That’s by design–the DMCA was designed to resolve matters outside of court. ” Another obvious gaffe: the court didn’t address the caselaw saying that 512(f) preempts state law claims like tortious interference, which would have cleaned up its other errors. ” This is clearly wrong. Implications.

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Copyright Cease and Desist Fair Use Litigation 126

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

Indiana Intellectual Property Law

JULY 21, 2021

As of the filing of the Complaint, Vroom claims Defendants did not respond to any of the cease and desist communications and continued using the Allegedly Infringing Properties. Also, under the Lanham Act, Vroom is seeking damages for false designation of origin and unfair competition in violation of 15 U.S.C.

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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.

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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… ¯_(?)_/¯.

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Indiana Intellectual Property Law

AUGUST 6, 2021

Energy claims it sent a cease and desist letter informing FTA of the Energy Marks and trade dress, but FTA has refused to discontinue its use of the allegedly infringing marks. Energy is claiming FTA’s action amount to trademark infringement, trade dress infringement, and false designation of origin under 15 U.S.C.

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Cease and Desist Trademark Branding Brands 52

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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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. Law and the courts encourage innovation by guaranteeing its unrestricted flow while continuously attempting to avert abuse.

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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 82

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Copyright law grants exclusive rights to the creators or owners of original works, such as literary, artistic, musical, and dramatic creations. Additionally, copyrights can also extend to website content, graphic designs, logos, videos, and other digital assets. They focus on the aesthetic aspects rather than functional aspects.

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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. “Courts in the Ninth Circuit have regularly held that the DMCA preempts state law claims arising out of submission of takedown notices.” The 512(f) claim fails. Create Music Group, Inc.,

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Ownership Cease and Desist Fair Use Copyright 62

Technology & Marketing Law Blog

DECEMBER 5, 2022

It’s typically pointless to bring a 512(f) claim because the law makes it almost impossible to win. Nevertheless, the court concludes that the plaintiff’s 512(f) suit was objectively unreasonable because: the state law claims had been previously dismissed in state court. Longarzo. * Another 512(f) Case Fails–Handshoe v.

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Marketing Marketing Cease and Desist Fair Use 74

Indiana Intellectual Property Law

JULY 12, 2021

While Watch has sent cease and desist letters to each of the co-defendants, they have allegedly not ceased their unlawful activities. Watch is suing for false designation of origin and unfair competition under the Lanham Act, 15 U.S.C. Finally, Watch is seeking damages for unfair competition in violation of common law.

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