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.

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Erik K Pelton

DECEMBER 9, 2022

Midfield – Both attacking and defensive for protection when needed: Issuing ‘cease and desist’ letters when infringements occur. Offense – goal scoring and attacking: litigating as needed to protect the brand. Defense – Common law rights acquired by use of the mark.

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Cease and Desist Trademark Branding Brands 147

JD Supra Law

JANUARY 10, 2024

When an entity or an individual believes their IP rights, be it a patent, a trademark, a trade secret, or a copyright, have been infringed upon, the typical first step is to send a demand or cease-and-desist letter to the alleged infringer. By: Brooks Kushman P.C.

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Intellectual Property Cease and Desist Litigation IP 68

IP Watchdog

JUNE 20, 2023

inventors) to send cease and desist letters, file complaints in federal district court, and at times endure patent litigation to its completion. For example, receiving compensation from those who use patented designs without permission often requires patent owners (e.g.,

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JD Supra Law

MARCH 27, 2024

Writing a sternly worded cease and desist letter is often a good first step that we recommend to clients, however it must be done in a way that properly sets the table for court intervention, while not broadcasting too much about litigation strategy.

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Cease and Desist Litigation Law 70

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. Litigation is always unpredictable.

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Cease and Desist Trademark Litigation Intellectual Property 98

IP Watchdog

APRIL 26, 2024

Late last year, , the United States International Trade Commission (ITC) announced that it would issue a limited exclusion order (LEO) and cease and desist order (CDO) against Apple, Inc. prohibiting Apple from importing and selling its Apple Watch (Series 6 and 7) products in the United States.

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Cease and Desist Patent Patent Infringement Technology 64

IP Watchdog

OCTOBER 29, 2023

International Trade Commission (ITC) issued a limited exclusion order (LEO) and cease and desist order against Apple, potentially barring the technology company from importing Apple Watches into the United States. On Thursday, October 26, the U.S.

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Cease and Desist Technology Patent Patent Infringement 111

IP Watchdog

APRIL 8, 2024

Sonos filed a complaint with the ITC alleging certain Google audio players and controllers infringed the patents and the ITC agreed, issuing a limited exclusion order and a cease-and-desist order (CDO) preventing Google from marketing the infringing products in the United States.

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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 The horror! The first and most important wrinkle in this case is that Chegg can’t figure out who is responsible for Homeworkify.

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Cease and Desist Blogging Contracts Privacy 85

IP and Legal Filings

OCTOBER 26, 2023

The modus operandi of bullying and legal threats which are baseless by large entities gets initiated by serving a cease and desist notice which contains threats of instituting a trademark infringement suit. Further the defendants were also restrained from issuing any other baseless threats. [3]

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IP Watchdog

APRIL 10, 2023

Prior to filing the complaint, Chipotle sent Sweetgreen a cease-and-desist letter asking the salad chain to drop the word “chipotle” from the name, which is the usual practice in trademark related lawsuits.

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IP Watchdog

DECEMBER 3, 2022

The company filed a cease-and-desist letter in 2017 when Viacom first aired Floribama Shore in 2017. MGFB, the company that filed the appeal, owns the “FLORA-BAMA” trademark and owns and operates the Flora-Bama Lounge on the border of Florida and Alabama.

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LexBlog IP

MARCH 13, 2023

2003) (ruling that cease-and-desist letter sent by patentee into forum did not create personal jurisdiction for noninfringement declaratory judgment count). Only time will tell the minimum amount of cease-and-desist letter writing needed to establish the minimum contacts necessary for a declaratory judgment action.

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Cease and Desist Licensing Patent Litigation 52

Technology & Marketing Law Blog

FEBRUARY 27, 2022

On January 9th, American Airlines sent TPG a cease-and-desist letter. Knowing well that litigation in the Northern District of Texas is not in its best interests, TPG filed a declaratory judgment in Delaware hoping to take advantage of the first-to-file rule. Of course, Facebook objected and sent a cease-and-desist letter.

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Indiana Intellectual Property Law

SEPTEMBER 22, 2023

At the time the Plaintiff claims Cardinal still owed them $1,011.462.21, which, according to the terms of the Design-Build Contract, meant the copyright license granted to Cardinal should have ceased. Continue reading

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Copyright Infringement Cease and Desist Copyright Contracts 98

Patent Trademark Blog

JUNE 5, 2023

If patent infringement litigation is so costly, what options are available to startups and small businesses? Let’s explore realistic enforcement options for small and midsize companies who do not have millions of dollars to spend litigating. How can small businesses afford patent litigation? A lot can be at stake.

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Patent Infringement Cease and Desist Patent Litigation 52

Patent Trademark Blog

JUNE 2, 2023

Should you send a trademark cease-and-desist letter? Sending a trademark infringement cease-and-desist letter is a serious matter. As a result, the trademark owner is not only forced to litigate, but they must do so in an inconvenient venue which will substantially increase legal costs.

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Patently-O

JANUARY 17, 2024

2024) ( Apple Stay Denial ) After initially granting a temporary reprieve, the Federal Circuit has now denied Apple’s stay pending appeal of the International Trade Commission’s limited exclusion order and cease-and-desist order (“the Remedial Orders”) against Apple Watch Series 9 and Ultra 2.

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Marketing Marketing Cease and Desist Confidentiality 115

LexBlog IP

OCTOBER 30, 2021

Copyright disputes do not need to escalate into costly and time-consuming litigation. Cease and Desist Letters. If you are able to identify the infringer and obtain their contact information (be it a mailing or email address), then you may consider sending a cease and desist letter. Litigation.

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Copyright Infringement Cease and Desist Copyright Social Media 52

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.

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Intellectual Property Law Blog

JUNE 9, 2021

There are several strategies for protecting your brand and your business ranging from quick and inexpensive actions such as cease and desist letters, to district court and International Trade Commission (ITC) litigation. In addition, they may be liable for defective counterfeit products even if they did not manufacture them.

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Branding Brands Branding Cease and Desist 147

TorrentFreak

NOVEMBER 3, 2023

In an attempt to curtail the abuse, the site sent a cease and desist letter to Google in April, asking the search engine to begin verifying senders of DMCA notices. nu also asked for a litigation hold in anticipation of future legal action. In addition, YTMP3.nu

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Cease and Desist Music Copying Fair Use 87

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? On the other hand, this gives a chance to the violating party to quickly dispose of the goods.

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BYU Copyright Blog

JUNE 27, 2022

On our last post in the Bell saga, we reported that the Court of Appeals ruled against Dr. Keith Bell (“Bell”) and labeled him as a “serial litigant.” Bell further asserts that Basehor did not remove the post despite “receiving notice from Dr. Bell, three different times, to cease and desist the copying and display.”The

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Cease and Desist Copying Litigation Reporting 52

IPilogue

JULY 5, 2022

In a cease and desist letter sent to the pub at the beginning of May 2022, Conde Nast threated to sue the pub over its name, stating that Condé Nast is the proprietor of the Vogue mark. Vogue, the village pub, has existed for approximately 200 years and Vogue, the magazine, has only existed for about 130 years.

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The IPKat

JUNE 30, 2022

It is not uncommon that the infringing party may be willing to cease the infringement, but unwilling to compensate all the legal costs claimed. A cease-and-desist letter was sent to FU requesting to stop the infringement and to compensate the legal costs borne.

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Cease and Desist IP Law Licensing 89

LexBlog IP

MAY 20, 2022

The Court determined that neither the customer litigation, nor the cease and desist letters were sufficient to support jurisdiction, and even if they did, the court would exercise its discretion to decline jurisdiction.

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Litigation Cease and Desist Technology Patent 52

Trading Secrets

JULY 27, 2022

Notably, the defendant employer in this case went beyond merely sending a cease-and-desist letter to Macaroco, instead allegedly using it to prevent others from doing business with her.

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Cease and Desist Confidentiality Contracts Business 59

Patent Trademark Blog

MARCH 31, 2022

Finally, there are several inexpensive alternatives to trademark litigation. In certain circumstances, a cease-and-desist letter may accomplish your objectives. In other words, the accused infringer may try to force you litigate in their home state if they sense that you will sue them in your preferred location.

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Intellectual Property Cease and Desist Registering Trademarks Litigation 52

Patent Trademark Blog

MARCH 13, 2024

Whether they are asserted in the form of cease-and-desist letter or an Amazon patent violation, an accused infringer needs to gauge the seriousness of the problem. This will likely involve a noninfringement review by a patent attorney with experience in patent infringement litigation. Are your patent claims invalid?

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Patent Infringement Cease and Desist Patent Design Patent 52

The IPKat

APRIL 27, 2024

Litigation involving the alleged infringement of rights in ready-to-wear clothing is a frequent occurrence [ IPKat here , here ]. On 7 May 2021, ROSAE PARIS unsuccessfully sent a cease-and-desist letter to SEVEN AUGUST. Falguière ).

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Cease and Desist Designs Design Copyright Infringement 67

Larson & Larson

SEPTEMBER 3, 2021

for litigation. However, you can stop infringement through the following: Use a Cease and Desist Letter. A lawyer can help you draft and send a cease and desist letter. A cease and desist letter is often a simple solution where the alleged infringer does so unintentionally.

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Intellectual Property Cease and Desist IP Contracts 52

TorrentFreak

APRIL 27, 2022

Cease and Desist. While court cases are also part of the repertoire, a cease-and-desist letter is usually the first step taken. As ACE is expanding, the cease-and-desist approach has become a more international endeavor. Cease-and-desist letters can be effective but they are no silver bullet.

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Cease and Desist Privacy Business Law 65

LexBlog IP

JANUARY 26, 2022

The short answer is that the FTC can still get money through administrative litigation. ” In effect, a settlement such as this one demonstrates the agency settling the future potential Section 19 action, and it has done this many times previously, even before AMG.

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context [1] —as another forum for patent litigation. [2] 3] However, patent litigation is but one potential use of this forum. What are the Benefits of Litigating at the ITC?

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Litigation Cease and Desist Patent Infringement Intellectual Property 52

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. Yet, the dispute is still very heavily litigated in the district court (while the Ninth Circuit was mulling over its ruling in light of Van Buren ). Eric’s Comments.

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