The IPKat

OCTOBER 27, 2021

The author argues that copyright holders would do well to heed this wisdom before entering into litigation, as exemplified by a recent decision from the Swedish Patent and Market Court in case PMT 2401-21. This Dune tells us, every member of the secretive Bene Gesserit sisterhood knows.

Cease and Desist 139

Cease and Desist Litigation Copyright Marketing 139

Technology & Marketing Law Blog

JULY 26, 2023

Chegg sent a cease-and-desist letter to Homeworkify’s domain registrar, Namecheap, its proxy server, Cloudflare, and the email address associated with domain registration, but they have found nothing. (for Based on the complaint, Chegg v. Doe apparently falls into the latter category. The horror! The domain registration is cloaked.

Cease and Desist 87

Cease and Desist Blogging Contracts Privacy 87

Traverse Legal Blog

JULY 14, 2022

A cease and desist letter is typically the most cost-effective option, but in some cases a particularly egregious or blatant instance of trademark infringement can call for initiating a lawsuit. In any scenario, the optimal first move is to try a cease and desist letter. The infringer ceasing use of your trademark?

Cease and Desist 98

Cease and Desist Trademark Litigation Intellectual Property 98

IP and Legal Filings

MARCH 28, 2023

This expanding impact of Big Tech within and outside the market has regulators increasingly concerned about economic problems, prevention of competition, data privacy issues, media domination as well as political concerns, and even the democratic process itself. Demystification of Shri Sonam Sharma v Apple Inc. &

Marketing 52

Marketing Marketing Cease and Desist Technology 52

Technology & Marketing Law Blog

FEBRUARY 27, 2022

With that, it’s fair to say that many of the key questions in this area of law are still undecided. On January 9th, American Airlines sent TPG a cease-and-desist letter. Of course, Facebook objected and sent a cease-and-desist letter. So it’s anyone’s guess where the law stands on that question now.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

Plagiarism Today

OCTOBER 13, 2022

Those arguments were described as “lively” with justices examining both the transformative nature of the works involved but also looking into how both competed for the same market, namely illustrating articles about Prince in magazines. 2: Textile Designer Sues Zulily for Copyright Infringement.

Cease and Desist 190

Cease and Desist Copyright Infringement Licensing Fair Use 190

Nelligan Law

NOVEMBER 28, 2022

You have conducted your own market research and you are not aware of anyone else using this trademark. Your marketing team prepares advertisements, packaging – perhaps even signage. One morning you open your email and there is a scary “Cease and Desist” letter in your inbox. Get in touch with us today.

Cease and Desist 78

Cease and Desist Trademark Marketing Marketing 78

Technology & Marketing Law Blog

DECEMBER 5, 2022

It’s typically pointless to bring a 512(f) claim because the law makes it almost impossible to win. Nevertheless, the court concludes that the plaintiff’s 512(f) suit was objectively unreasonable because: the state law claims had been previously dismissed in state court. Case Citation : Digital Marketing Advisors v.

Marketing 75

Marketing Marketing Cease and Desist Fair Use 75

The IPKat

MARCH 4, 2024

The plaintiff filed an infringement action before a German court requesting the defendant to be ordered to cease and desist from using the plaintiff’s trade marks for diving accessories in Germany, including from possessing them for the purpose of offering or putting them on the market. 8(1) Rome II ). The website www.amazon.de

Law 62

Law Cease and Desist Art Marketing 62

IP Law 360

MAY 8, 2023

The NFL's merchandising and licensing arm and the Las Vegas Raiders hit back at a suit by an attorney who received a cease and desist letter from the league and the team over the marketing of his law firm with their own trademark countersuit that says the lawyer knows he is violating trademarks.

Cease and Desist 40

Cease and Desist Licensing Marketing Marketing 40

LexBlog IP

MARCH 30, 2022

There has been an outpouring of concerned citizens the world over who are hoping to help provide assistance, and a number of brands have launched “cause marketing” campaigns aimed at expressing support for the Ukrainian cause and providing financial assistance to those who are displaced. The Bottom Line.

Marketing 52

Marketing Marketing Cease and Desist Branding 52

TorrentFreak

OCTOBER 8, 2022

Still fresh after obtaining a judgment worth more than half a billion dollars against an IPTV seller in May, DISH quickly filed a new lawsuit against the alleged operators of PrimeStreams, one of the most recognizable brands in the market. Not even a cease-and-desist convinced him to stop. So what happened to Firestick Steve?

Cease and Desist 89

Cease and Desist Branding Brands Branding 89

TorrentFreak

SEPTEMBER 9, 2021

With studios initially unable or reluctant to distribute their works through official channels, piracy platforms of all kinds sought to fulfill demand and as a result, gained a significant foothold in the market. Taiyaki – Shut Down or Face Law Enforcement. AnimeGlare – Cease-and-Desist.

Cease and Desist 144

Cease and Desist Copying Reporting Law 144

LexBlog IP

AUGUST 17, 2023

Before you spend time and money marketing under that business name, you need to make sure it is legally a great name, one you can feel confident in using without running into an unexpected cease and desist request or trademark infringement litigation and the potential catastrophe of forced rebranding on a short time scale.

Cease and Desist 40

Cease and Desist Business Social Media Patent Law 40

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Injunctive relief (Section 97(1) UrhG) and cease and desist agreements.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Technology & Marketing Law Blog

OCTOBER 11, 2021

It sent Kiwi cease and desist letters and has implemented security measures, but “Kiwi has continued to hack the Southwest website and sell Southwest flights without permission.”. In addition, Southwest sent Kiwi several cease and desist letters. Kiwi appeared first on Technology & Marketing Law Blog.

Cease and Desist 113

Cease and Desist Contracts Trademark Blogging 113

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? French lawmakers propose a law to establish a tax regime for works generated by AI.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

43(B)log

JANUARY 3, 2024

CCM counterclaimed for abuse of process and for violations of the Lanham Act and related state laws; one ex-employee also brought counterclaims against loanDepot for breach of contract and breach of the implied covenant of good faith and fair dealing. The false association/coordinate state law claims survived. App’x 43, 45–46 (2d Cir.

False Advertising 59

False Advertising Cease and Desist Advertising Advertising 59

Technology & Marketing Law Blog

MAY 13, 2024

I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright. That’s what copyright law is for. Facebook objected and sent a cease-and-desist letter. citations omitted) X Corp.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

Kluwer Copyright Blog

MAY 31, 2022

The Austrian Supreme Court and the German Federal Supreme Court had asked the European Court of Justice (Cases C-500/19, C-682/18 and C-683/18) for interpretation of the law on related matters. Internet Law: A Concise Guide to Regulation Around the World. YouTube, on the other hand, relied on the liability privilege for providers.

Copyright Infringement 52

Copyright Infringement Cease and Desist Copyright Intellectual Property 52

Indiana Intellectual Property Law

AUGUST 9, 2021

Hammond, Indiana – Monster Energy Company (“Monster”), the Plaintiff, claims to be a nationwide leader in marketing and selling ready-to-drink beverages. billion dollars promoting and marketing the MONSTER brand including the Claw Icon and the Monster Trade Dress. Since 2002, Monster asserts it has spent over $8.5 Complaint.

Cease and Desist 52

Cease and Desist Trademark Branding Brands 52

Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. The law related to web scraping is far too nuanced to make such a declarative statement. If you said or implied that the CFAA is the only law that governs web scraping. Don’t worry! You’re not alone.

Blogging 117

Blogging Law Contracts Cease and Desist 117

TorrentFreak

JULY 27, 2022

When videogames first began hitting the market more than 40 years ago, budgets were low, expectations were low, and customers were easily pleased. Today’s market has taken all of that and turned it on its head. In March 1998, the emulation package ‘bnetd’ hit the StarCraft scene.

Cease and Desist 141

Cease and Desist Marketing Marketing Branding 141

TorrentFreak

JULY 30, 2023

Their responses consisted mostly of denials, quite a few statements indicating a lack of knowledge, a scattering of affirmative defenses, and a concession that the plaintiffs had indeed sent cease and desist letters in both April and June 2021. He followed that up with zero cooperation towards discovery.

Cease and Desist 76

Cease and Desist Reporting Business Technology 76

Technology & Marketing Law Blog

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? Section 2(c) is a viewpoint-neutral trademark law.

Registration 74

Registration Trademark Blogging Law 74

Plagiarism Today

OCTOBER 26, 2021

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Since the costume doesn’t have a mask or any accessories, from a copyright standpoint, it’s likely not breaking any laws. Copyright and Halloween Costumes. Trademark and Halloween Costumes.

Trademark 243

Trademark Copyright Cease and Desist Copying 243

Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

Undoubtedly, the OTT broadcasting market is one of the world’s largest media markets. Cease and Desist notices may be served to the infringers to cease all further dissemination while comprehensively outlining how the actions of the recipient are infringing the Copyright of the sender’s work.

Cease and Desist 85

Cease and Desist Licensing Intellectual Property Copyright 85

LexBlog IP

AUGUST 16, 2023

You make moves to expand your market, and suddenly you get a cease-and-desist letter from another business that has better rights to the trademark. Market Setback : Rebranding could disrupt ongoing marketing campaigns and initiatives, potentially causing a setback in the brand’s market position and competitiveness.

Branding 40

Branding Brands Branding Registration 40

IP and Legal Filings

NOVEMBER 11, 2021

A trademark refers to a name, mark, or sign through which the products belonging to a company or a person can be distinguished from other products in the market. Firstly, trademarks help distinguish one product from another in the market. Primarily, trademarks perform four functions. Trademark genericide and its contributive factors.

Trademark 83

Trademark Cease and Desist Branding Brands 83

IPilogue

OCTOBER 19, 2021

Hall Law School. . Hershey alleges in their complaint that Cookie Department released packaging and marketing materials for cookie products with the same conical shape. In response, on August 28, Hershey sent a cease-and-desist order on its Kisses trademark, which led to the September 28 lawsuit.

Cease and Desist 106

Cease and Desist Branding Brands Branding 106

Technology & Marketing Law Blog

MAY 2, 2022

CFAA : The key question is whether hiQ’s continued access following receipt of LinkedIn’s cease-and-desist letter was “without authorization” under the CFAA. Are robots.txt, IP address blocks, or cease-and-desist letters still relevant to the CFAA at all? Are we sure hiQ isn’t a bad actor?

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

Technology & Marketing Law Blog

MARCH 28, 2023

Not unreasonably, lawyers continue to view this language from the 9th Circuit as an invitation to explore the possibility that somewhere in the law is an affirmative right to scrape public data. Meta sent Bright Data a series of cease-and-desist notices telling it to stop. hiQ Labs I, 938 F.3d 3d 985 at 1005 ; hiQ Labs II at 43.

Blogging 106

Blogging Cease and Desist Contracts Marketing 106

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market. Trade Secrets: Trade secrets encompass confidential information critical for a startup’s success; this may include formulas, processes, customer lists, marketing strategies etc.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Technology & Marketing Law Blog

APRIL 29, 2023

With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Longarzo * DMCA’s Unhelpful 512(f) Preempts Helpful State Law Claims–Stevens v. Federici * Biosafe-One v.

Fair Use 98

Fair Use Cease and Desist Copyright Trademark 98

Technology & Marketing Law Blog

AUGUST 25, 2022

The Court held that hiQ raised at least serious questions going to the merits of its California Unfair Competition Law (“UCL”) claim and the applicability of the CFAA, based in part on the alleged anti-competitive conduct designed to suppress hiQ’s competitive products. LinkedIn appeared first on Technology & Marketing Law Blog.

Cease and Desist 83

Cease and Desist Business Litigation Law 83

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Such inventions may be protectable under federal patent laws. If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Trademarks perform the following functions- Trademark or logo helps identify the goods and services easily: A trademark serves as a means of identification for a certain brand, corporation, or other entity, allowing it to be clearly distinguished from the other brands on the market. It takes years for them to get registration.

Business 52

Business Trademark Registration Cease and Desist 52