Technology & Marketing Law Blog

FEBRUARY 27, 2022

On January 9th, American Airlines sent TPG a cease-and-desist letter. Of course, Facebook objected and sent a cease-and-desist letter. That language implied that revocation-by-cease-and-desist letter was no longer sufficient to trigger CFAA liability. Trademark infringement 6. Breach of Contract 2.

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Indiana Intellectual Property Law

AUGUST 6, 2021

From that transaction, Energy owns multiple trademark registrations including the three at issue in this case, U.S. Apparently, Energy has licensed the Energy Marks and trade dress in connection with a variety of goods and services throughout the years, including sponsoring motorsports. Registration Nos. 3:21-cv-00081-RLY-MPB.

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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

MARCH 31, 2022

How to enforce trademarks inexpensively. Let’s start with trademarks. At the outset, register your trademarks for your more important products and services. Make sure to file your trademark applications properly. Don’t even think about being cheap when it comes to trademark registration.

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IP Tech Blog

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?

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Olartemoure Blog

MARCH 16, 2021

This way authorities will remember your trademark and provide a way for you to clearly show what your company is doing and what your main products are. Create trademark alerts for your main brands, block them on Google, Twitter, Facebook, Instagram, and other social media. Take advantage on this to request purchasing licenses.

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IIPRD

FEBRUARY 6, 2024

We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book. Copyright and trademark are the most important IP rights in this industry.

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Patently-O

JULY 20, 2023

by Dennis Crouch TBL Licensing v. ” In 2015 Timberland began the process of registering the boot design as a trademark. Timberland boots have been on the market for 50 years, and according to the record the company has “never has demanded that competitors cease and desist from selling look-alike boots.”

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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.”. Southwest asserts claims under the CFAA, the Texas computer crime statute, breach of contract, and trademark.

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LexBlog IP

JUNE 9, 2023

Jack Daniels sent a cease and desist letter to VIP shortly after the product launched. ” The Court noted that applying Rogers to all matters where there is an expressive element would impermissibly extend Rogers to nearly all facets of life and potentially supplant the purpose of trademark law. For example, as noted by J.

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Trademarks: Trademarks safeguard brand names, logos, symbols, or phrases that distinguish a startup’s products or services from competitors’ Registering a trademark ensures exclusive usage and prevents others from causing confusion among consumers.

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LexBlog IP

AUGUST 17, 2022

Back in 2020, the famous Chinese brew company Tsingtao Beer filed an administrative complaint for trademark infringement against a smaller Chinese competitor for the use of recycled Tsingtao beer bottles. Is this however a case of trademark infringement? Trademark or Unfair Competition? And, why is this important?

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The IPKat

JANUARY 2, 2022

TRADE MARKS Lise Charles (WTR) provides an overview of the most-read posts on Word Trademark Review (WTR) on European trade mark case law over the past year, including analyses of cases dealing with issues such as unconventional signs (i.e., disputes between domain names and trademarks).

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Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab?

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TorrentFreak

FEBRUARY 8, 2023

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. law, including the DMCA’s takedown provision, is well-equipped to handle copyright and trademark issues as they arise. Piracy remains a concern, however.

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Technology & Marketing Law Blog

DECEMBER 13, 2023

In that case, Judge Easterbrook wrote, in finding that a “shrinkwrap” license was enforceable against the defendant: But are rights created by contract “equivalent to any of the exclusive rights within the general scope of copyright”? Zeidenberg , the 1955 Enchantment Under the Sea Dance of Internet legal opinions.

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Copyright Lately

AUGUST 2, 2022

Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. Fans willing to drop even more money could allegedly buy clothing, keychains and other merchandise at the venue, all of which featured the “Bridgerton” trademark. Netflix disagrees.

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Technology & Marketing Law Blog

AUGUST 24, 2023

Some forms of data are protected by copyright, trademark, or another cognizable forms of intellectual property. And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content. It’s user-generated content.

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LexBlog IP

MARCH 25, 2022

This is typically arranged in a licensing agreement in which the licensee pays the patent owner for the rights to use the product or process claimed in the patent. Businesses can use the front page to find technologies that they may want to license, and competitors can use the front page to find technologies that are similar to their own.

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IIPRD

JANUARY 23, 2023

In matters of trade, Trademark, copyright and Patent act as building blocks of protection measures while conferring exclusive right over goods/services for the holder. 8] Cease and desist letters are also measures to tackle such infringement wherein the seller is demanded to stop the sale of the product and never sell it again.

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Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Defining Trademark A “trademark” is a mark which is used for a commercial purpose. How do trademarks function? Trademarks reduces the chance of confusion: Trademarks helps in preventing confusion in the minds of consumers by indicating the source and quality of the product, they are intending to use.

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Erik K Pelton

JANUARY 19, 2021

The following is an edited transcript of my video, Why Apply to Register Your Trademark. There are several key benefits to trademark registration. It makes for a more compelling cease and desist letter. Having the registration also makes it easier to deal with any possible infringers.

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Technology & Marketing Law Blog

DECEMBER 9, 2022

There is the famous example of NYU data researchers who received a cease-and-desist letter from Facebook/Meta for doing research on Facebook’s algorithm. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel. Or, for whatever reason, just don’t want people accessing their data.

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Erik K Pelton

NOVEMBER 3, 2020

I am particularly sensitive to the trademark challenges that small businesses face for several reasons. Pelton & Associates, to advise and counsel others about trademark protection. Believe it or not, I even had to face changing my brand name early on as a result of receiving a cease and desist letter!

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The IP Law Blog

MARCH 2, 2021

Supreme Court issued numerous landmark decisions in 2020, among those—for trademark scholars and practitioners— Romag Fasteners, Inc. Considering the importance of Chinese manufacturing to global trade, the Chinese legal system and its evolving trademark enforcement system will likely cause companies to get creative. Fossil, Inc.

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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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The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

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The TTABlog

AUGUST 15, 2022

The Board found that the registrant, despite claiming attempts to sell or license the mark, had discontinued use of the mark with an intent not to resume use. Under Section 45 of the Trademark Act, a mark shall be deemed abandoned "[w]hen its use has been discontinued with intent not to resume use. Vans, Inc. See Rivard v.

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SpicyIP

MARCH 27, 2023

Subbaraya Setty & Anr that made some important observations on the use of trademarks as collateral. The defendants argued that these trademarks/taglines were descriptive in nature, but this was rebutted by the plaintiff in its replication. Regarding the objection of the defendants that the documents related to Defendant No.

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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. Read Jyotpreet Kaur’s post to know more. Institute of Directors v. BSA Business Software Alliance Inc. vs Tube Investments of India Ltd. &

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LexBlog IP

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

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LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

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