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? On the other hand, this gives a chance to the violating party to quickly dispose of the goods.

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Cease and Desist Copyright Infringement Invention Social Media 105

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. This will likely involve a noninfringement review by a patent attorney with experience in patent infringement litigation. Consider ways to design around the patent.

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Patent Infringement Cease and Desist Patent Design Patent 52

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. Lafayette, Indiana – The Plaintiff, Lafayette Venetian Blind, Inc., (LVB)

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Patent Trademark Blog

MARCH 31, 2022

Finally, there are several inexpensive alternatives to trademark litigation. In certain circumstances, a cease-and-desist letter may accomplish your objectives. In other words, the accused infringer may try to force you litigate in their home state if they sense that you will sue them in your preferred location.

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Intellectual Property Cease and Desist Registering Trademarks Litigation 52

Technology & Marketing Law Blog

MARCH 15, 2022

The court says the takedown notices are covered by the litigation privilege: “Since the statements at issue here were made to Amazon during the notice and takedown period, they are absolutely privileged. That’s by design–the DMCA was designed to resolve matters outside of court. Defamation.

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Copyright Fair Use Cease and Desist Litigation 126

LexBlog IP

MAY 8, 2023

and abroad: This essential step strategically files word marks and design marks in the U.S. Design patent filing – U.S. and abroad: If you have a character with a distinctive shape, consider filing for design patents to give you a broader IP portfolio to enforce. He also is experienced in intellectual property litigation.

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Intellectual Property Cease and Desist IP 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. Actually, it is significantly more difficult to expedite a trademark application than a patent application.

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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. This isn’t to say there’s been no litigation in this area.

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Trademark Copyright Cease and Desist Copying 239

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. Yet, the dispute is still very heavily litigated in the district court (while the Ninth Circuit was mulling over its ruling in light of Van Buren ). Eric’s Comments.

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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. ” Injunction dissolved.

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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. Litigation: If negotiations fail or infringement persists, pursuing legal action becomes necessary.

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Intellectual Property Cease and Desist Invention Branding 52

Technology & Marketing Law Blog

OCTOBER 28, 2022

Ryanair has a long history of litigating against OTAs in Europe and the United States. It has previously litigated against OTAs in Spain, France, Ireland, and Switzerland, with mixed results. It previously litigated against Expedia in Washington. That’s not what the statute is designed to prevent. hiQ Labs II at 43.

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Blogging Cease and Desist Business Litigation 86

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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Technology & Marketing Law Blog

AUGUST 16, 2023

The litigants are an employer and former employee. 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. The 512(f) claim fails.

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Ownership Cease and Desist Fair Use Copyright 62

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. 1125(a) for the mark “Watch Communications.”

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Technology & Marketing Law Blog

AUGUST 18, 2022

400 in damages after 4 years of litigation won’t put a smile on anyone’s face. Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. HSI. * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v.

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Fair Use Cease and Desist Copyright Blogging 103

Technology & Marketing Law Blog

DECEMBER 5, 2022

Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. . * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

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Marketing Marketing Cease and Desist Fair Use 74

Technology & Marketing Law Blog

OCTOBER 4, 2022

Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. . * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

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Cease and Desist Fair Use Copyright Blogging 84

Technology & Marketing Law Blog

APRIL 29, 2023

Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. 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 Trademark 97

TorrentFreak

DECEMBER 26, 2022

Our enforcement actions will be designed to obtain the most significant impact by grouping actions by tactic, time, region, or language.” “We will also pursue litigation, where it is known to be effective in reducing piracy and increasing legitimate consumption of content,” Van Voorn concludes.

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Technology & Marketing Law Blog

MARCH 6, 2022

Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. . * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

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Fair Use Cease and Desist Copying Copyright Infringement 95

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Diebold from 2004, which led to a $125k damages award.

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Registration Fair Use Copyright Designs 111

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 129

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. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v.

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Fair Use Cease and Desist Copyright Ownership 63

Technology & Marketing Law Blog

APRIL 1, 2023

Additionally, App Star argues that the applications are denied copyright protection and that “Bar-Z knew or should have known that the design elements cited in the DMCA Notification” are not subject to protection under copyright law. 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 Contracts Ownership 102

Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. And most website-scraper interactions don’t fit within those scraper-litigation patterns. Just ask BrandTotal.

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Blogging Law Contracts Cease and Desist 116

Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. Also in the couple of weeks, Microsoft affiliate OpenAI released a product called GPTbot, which is designed to scrape the entire internet. But the content that they’re trying to protect isn’t theirs—it belongs to their users.

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Blogging Contracts Intellectual Property Social Media 96

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.

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IIPRD

JANUARY 23, 2023

Williams-Sonoma commented that Amazon’s own product line “Rivet” has infringed patents of furniture designs. [3] 8] Cease and desist letters are also measures to tackle such infringement wherein the seller is demanded to stop the sale of the product and never sell it again. This assist if a situation of litigation arises. [9]

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Patent Infringement Patent Cease and Desist IP 52

The IP Law Blog

MARCH 2, 2021

The issue arose from a dispute between Romag, a manufacturer of magnetic snap fasteners for leather goods, and Fossil, a designer and distributor of a wide range of fashion accessories. Will it incentivize more trademark litigation since it clearly establishes that a showing of willfulness is not required to obtain a profits award?

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Intellectual Property Contracts Trademark Trademark Law 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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Patent Trademark Blog

JUNE 8, 2023

Has your patent attorney advised you of options to expedite your design patent or speed up your utility patent ? Does the new patent attorney have litigation experience? Even if you never intend to litigate, you want your patents to be defensible. What good is a patent if competitors can easily design around your claims ?

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Patent Patent Application Cease and Desist Trademark 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

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.

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Business Branding Brands Branding 52

Technology & Marketing Law Blog

MARCH 28, 2023

After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of motions and posturing, the outcome of the litigation was a permanent injunction against hiQ, a win for LinkedIn, and insolvency for scraper hiQ Labs. Meta sent Bright Data a series of cease-and-desist notices telling it to stop.

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Blogging Cease and Desist Contracts Marketing 104

SpicyIP

NOVEMBER 21, 2022

The court relied on the studies conducted by Lumen and “large volumes” of cease and desist complaints to prima facie establish that the App is a rogue website and deserves to be blocked as a whole. Controller General of Patents Designs and Trade Marks launches IPO Grievance Portal. Pharmacy Council of India and Ors.,

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IP Cease and Desist Patent Music 100

LexBlog IP

APRIL 13, 2022

Following the announcement, Roc-A-Fella’s attorneys sent cease-and-desist letters to SuperFarm and Dash. Although this case has yet to reach a resolution, it draws attention to the potential for litigation surrounding the copyright rights required to mint NFTs. However, Damon lacked any individual interest in the copyright. [2]

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