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. Would it make sense to send them a trademark infringement letter.

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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? Image from here Kia Wang vs The Registrar of Trademarks & Anr. Emami Ltd.

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Patent Trademark Blog

APRIL 5, 2022

Can you expedite a US trademark application? While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. So this extraordinary remedy is limited by design.

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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. Utility patents are generally more complicated to review than design patents. Noninfringement of a design patent boils down to the appearance.

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Patent Infringement Cease and Desist Patent Design Patent 52

43(B)log

AUGUST 18, 2021

29, 2021) This is part of a long-running trademark case, now over 10 years old. After the complaint was filed, that defendant permitted its state trademark applications and domain name registrations to lapse and abandoned its federal trademark application for “Sturgis Motorcycle Classic.” Sturgis Motorcycle Rally, Inc.

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SpicyIP

FEBRUARY 13, 2023

Other Posts Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision? Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision.

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Designs Design Trademark Cease and Desist 52

SpicyIP

DECEMBER 24, 2023

on December 21, 2023 (Delhi High Court) Image from here The Appellant filed an appeal against the order of the Trademark Registry allowing the opposition against the Appellant’s ‘BSA’ mark. the Court held that such usage would amount neither to infringement of the trademark, nor taking of unfair advantage of the Respondent’s mark.

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