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? Swapnil Patil & Ors. on 15 September.

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The IPKat

MARCH 14, 2024

This post discusses the questions on the issue of joint authorship of audiovisual works and implications of copyright registration, which are raised by this dispute. GMC denied the assertions as false. They both signed off as the executive producers of the movie.

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Indiana Intellectual Property Law

AUGUST 9, 2021

Apparently realizing the importance of its brand, Monster owns at least fourteen federal trademark registrations that include the Claw Icon in various classes of goods and services (the “Asserted Marks”). Monster is seeking damages for trademark infringement arising under 15 U.S.C.

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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. Cookie Department”) for copying Hershey’s famous Kisses shape.

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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. What are your options with a canceled or expired trademark registration? You can subtract items from the old registration.

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Patent Trademark Blog

MARCH 31, 2022

Don’t even think about being cheap when it comes to trademark registration. First, you can record a trademark registration with US Customs to block the import of infringing goods. First, you can record a trademark registration with US Customs to block the import of infringing goods. Not all marks, however, qualify.

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Intellectual Property Cease and Desist Registering Trademarks Litigation 52

Indiana Intellectual Property Law

AUGUST 6, 2021

From that transaction, Energy owns multiple trademark registrations including the three at issue in this case, U.S. Registration Nos. 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.

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Indiana Intellectual Property Law

JULY 21, 2021

Registration No./Serial 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. (“Vroom”), the Plaintiff, apparently began selling used vehicles online in 2013. VROOM GET IN. 87/287,698.

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Plagiarism Today

OCTOBER 26, 2021

First, design elements that are “physically or conceptually separate” from the article can be protected. The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”.

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Trademark Copyright Cease and Desist Copying 233

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. opposed the registration of a logo of pear by Prepear for being similar to its Apple logo. A widely discussed example was when Apple Inc.,

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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. ” Nevertheless, the successor licensee sent DMCA takedown notices to Amazon targeting the registrant’s stripped-down sticker. .” per sticker set.

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Registration Fair Use Copyright Designs 114

Technology & Marketing Law Blog

MARCH 15, 2022

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. That’s by design–the DMCA was designed to resolve matters outside of court. ” This is clearly wrong.

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Copyright Cease and Desist Fair Use Litigation 129

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Startups can protect both the source code and object code through copyright registration. 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.

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Intellectual Property Cease and Desist Invention Branding 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. Although copyright registration is not required, there are several benefits to doing so. Trademark Registration. Utility and Design Patents.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

Technology & Marketing Law Blog

APRIL 29, 2023

” As for the remaining copyright-based takedown notice, the court says it doesn’t matter that BAYC didn’t have a copyright registration for the work at issue because unregistered works are still protectable. Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.

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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. Ozimals. * 17 USC 512(f) Claim Against “Twilight” Studio Survives Motion to Dismiss–Smith v.

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Fair Use Cease and Desist Copying Copyright Infringement 98

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. Although copyright registration is not required, there are several benefits to doing so. Trademark Registration. Utility and Design Patents.

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Intellectual Property IP Invention Designs 52

Technology & Marketing Law Blog

AUGUST 18, 2022

The Copyright Office registered this work: The registration makes sense with the landscape backgrounds. 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.

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Plagiarism Today

AUGUST 10, 2022

The reason for this is simple, the systems for organizing, registering and enforcing copyrights were, by in large, designed for large copyright holders. However, the fee for most registrations is just $15 over the U.S. For example, a registration of a single work would be $60, $45 of which goes to the Copyright Office.

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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. The registration and management of trademarks was another essential component.

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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. What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them.

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Designs Design Trademark Cease and Desist 52

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.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Kashishipr

JULY 21, 2021

Counterfeit goods can include fake designer clothes, bags, watches, accessories, perfumes, pirated DVDs, CDs, smartphones, computer games, and many more. Proof of IP Ownership – IP Registration Certificate or Copyright Recordal Certificate is necessary. Takedown notices, cease and desist notices, etc.,

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Branding Brands Branding Cease and Desist 105

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. Tsingtao’s choice.

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Trademark Registering Trademarks Art Cease and Desist 104

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. 7] Amazon’s IP Policy is one of such investments.

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Patent Infringement Patent Cease and Desist IP 52

SpicyIP

MARCH 27, 2023

Controller of Patents and Designs. Other posts IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Despite the increasing importance of intellectual property in the modern economy, there is a surprising lack of attention given to IP financing in India. Case: Sirona Hygiene Pvt.

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Designs Design Cease and Desist Art 105

Kashishipr

MAY 4, 2022

Even if you have the Trademark Registration in place, it is essential to understand that the trademark rights are not self-executing; being the trademark owner, you are ultimately responsible for monitoring the marketplace and your use as well to safeguard well against losing the rights. Send Cease-&-Desist Letters Automatically.

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Social Media Trademark Cease and Desist Registering Trademarks 105

Patent Trademark Blog

JANUARY 18, 2024

Me-too products may be better off with simply trademark registration. Copyright registration might be an option if your product contains sufficiently original features that are nonfunctional. If your product has unique aesthetic features that are nonfunctional, file a design patent application.

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43(B)log

AUGUST 18, 2021

For example (the details vary a little depending on defendant, but you get the picture): The STURGIS BIKE WEEK registration dates to 1997; defendants’ “Sturgis Motor Classic” came from 1997-98. The Composite Design Mark registration specifically acknowledged that it made “no claim. apart from the mark as shown.”

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IPilogue

MARCH 2, 2022

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. Hermès claims trademark infringement, false designation of origin, and trademark dilution. Hermès’ Action. Trademark Protection in the Metaverse .

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Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

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. The non-availability of a domain name of the trademark selected is a vital factor to be considered while clearing the trademark for registration. Elements of Trademark Clearance. Conclusion.

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The IP Law Blog

JANUARY 12, 2023

If these materials show the use of trademarks, logos, or slogans that are not already the subject of a trademark registration or application, then these marks should be cleared for use to prevent unintended liabilities, and they should be considered for possible registration. . pending or issued registrations) and those that are not.

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IP Intellectual Property Social Media Cease and Desist 98

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 ? What good is a patent if competitors can easily design around your claims ? Do they know how to write effective cease-and-desist letters or caution you against sending one if the risks are too high?

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LexBlog IP

JANUARY 12, 2023

If these materials show the use of trademarks, logos, or slogans that are not already the subject of a trademark registration or application, then these marks should be cleared for use to prevent unintended liabilities, and they should be considered for possible registration. pending or issued registrations) and those that are not.

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IP Intellectual Property Social Media Cease and Desist 52

SpicyIP

DECEMBER 24, 2023

UK Supreme Court Confirms No Patent for “AI-invented” Inventions Image from here On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika discusses this development.

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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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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. 2 Long ago, those parties entered into an agreement permitting Fossil to use Romag’s fasteners on Fossil’s handbags and other products.

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