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Declaratory Judgment: How to Fight a Patent Infringement Claim When Stakes Are High

Patent Trademark Blog

For example, a patent owner sending a cease-and-desist letter or initiating an Amazon infringement report may be sufficient to cause a controversy. It is one thing to send a cease-and-desist letter or report an Amazon patent violation. Fighting a patent infringement lawsuit takes the battle to a whole new level.

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Section 60 of the Copyright Act: Finally, Some Answers(?)

SpicyIP

The safeguard against groundless threats alleging copyright infringement in Section 60 suffers from a lack of clarity around some of its key terms like “due diligence”, “groundless” and “prosecution” One decision that attempts to address this lacuna is the Bombay High Court’s decision in Manya Vejju v.

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

Selvam & Selvam Blog

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’.

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Pirate IPTV Providers “Exploit PayPal, Mastercard & Visa Branding”

TorrentFreak

The strong message from Irdeto was that such payment processors should be supporting legitimate media organizations by conducting better due diligence and stopping support for pirate streaming services. “If “These procedures can include multiple cease and desist notices and may require proof via a test [IPTV] purchase.

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Clash of Trademarks: PhonePe vs. PostPe

Intepat

Background In 2018, PhonePe sent a cease and desist notice to the Defendant, requesting that they cease using the brand name with the ‘Pe’ component written in the Devanagari script. BharatPe subsequently modified its brand name to ‘BharatPe’ without the word ‘Pe’ in the Devanagari script.

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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

Injunctive relief (Section 97(1) UrhG) and cease and desist agreements. The BGH stated in 2018 that when interpreting (contractual) cease and desist agreements in cases of doubt cease and desist obligation must be interpreted as meaning that its effect has the same scope as the statutory claim for injunctive relief.

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The Role of Brand Names in Business

azrights

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.