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How to Get Sued for Sending a Cease-and-Desist Letter: Declaratory Judgment

Patent Trademark Blog

Can you get sued for sending a cease-and-desist letter? Before you send that cease-and-desist letter, understand this risk and gauge the probability of the other side escalating the fight. Need a smart strategy for enforcing your patent and trademark? Yes, you can get sued for sending a C&D letter.

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Trademark Enforcement: How to Stop Infringement of Your Brand

Patent Trademark Blog

How can you realistically enforce your trademarks? If you haven’t done so already, have your trademark application filed by a patent and trademark attorney with experience in the potential obstacles that might arise. Should you send a trademark cease-and-desist letter? How much does trademark enforcement cost?

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Let the Chips Fall Where They May: Hershey Sues Californian Cookie Maker

IPilogue

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? This case is one of many battles between Cookie Department and Hershey.

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Through the Fire? Not Anymore – European Court of Justice strengthens Rights of Patent Owners in Germany

IP Tech Blog

For many years, German courts would, in principle, only grant a preliminary injunction in a patent case, if the patent in suit had “gone through the fire” in the sense of having survived an adversarial opposition or nullity proceeding at first instance. The post Through the Fire?

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Through the Fire? Not Anymore – European Court of Justice strengthens Rights of Patent Owners in Germany

LexBlog IP

For many years, German courts would, in principle, only grant a preliminary injunction in a patent case, if the patent in suit had “gone through the fire” in the sense of having survived an adversarial opposition or nullity proceeding at first instance.

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NFTs Excite Hollywood But Not Because They Can Solve Piracy

TorrentFreak

Many of the largest companies in the world acknowledged the opportunities and embraced NFTs. Late last year, the Patent and Trademark Office and the Copyright Office launched a joint consultation to take stock of the potential legal and policy questions related to NFTs. Government is taking these issues seriously.

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Web Scraping for Me, But Not for Thee (Guest Blog Post)

Technology & Marketing Law Blog

All the world’s knowledge is available for the taking on the Internet, and web scraping is how companies acquire it at scale. Many web scrapers were clumsy and didn’t realize the impact of their additional requests on servers. When we talk about web scraping, what we’re really talking about is data access.