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

Patent Trademark Blog

What is a patent declaratory judgment lawsuit? A patent declaratory judgment action is an infringement lawsuit in reverse. The patent owner is the defendant. Need to defend a patent infringement claim? Contact US patent attorney Vic Lin at (949) 223-9623 or at vlin@icaplaw.com to explore how we can help.

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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. Section 106 of the Patents Act, 1970 and Section 60 of the Copyright Act, 1957 provide similar remedies against groundless and unjustified threats.

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“For Sale: This Article”: an overview of non-fungible tokens (NFTs) and IP

IP Whiteboard

Buyers should undertake thorough due diligence to ensure that the person who minted an NFT is in fact the creator of the underlying digital work, that the person owns the IP rights contained in the digital work and is entitled to grant the rights associated with the NFT. Nike recently lodged a patent for a product called CryptoKicks.