Cease and Desist, Litigation and Marketing - Intellectual Property Pulse

Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Some Perspectives

SpicyIP

SEPTEMBER 18, 2023

We are pleased to bring to you a guest post by Roshan Santhalia ruminating on the question of whether a cease-and-desist notice before instituting a trademark or copyright infringement suit should be issued or not. Cease and desist by Nick Youngson CC BY-SA 3.0 He completed his B.A.

Cease and Desist

Cease and Desist Intellectual Property Law Settlement Copyright Infringement

Decoding Cease-and-Desist Letters: A Guide to Navigating Wiretap Allegations Linked to Meta Pixel Use

Traverse Legal Blog

SEPTEMBER 15, 2023

Why This Article Matters to You If your company has recently received a cease-and-desist letter or any form of legal threat related to using Meta Pixel or similar technology, this article should help you start to understand next steps. It has the potential to capture sensitive data if not configured correctly.

Cease and Desist

Cease and Desist Privacy Litigation Technology

Decoding Cease-and-Desist Letters: A Guide to Navigating Wiretap Allegations Linked to Meta Pixel Use

LexBlog IP

SEPTEMBER 15, 2023

Why This Article Matters to You If your company has recently received a cease-and-desist letter or any form of legal threat related to using Meta Pixel or similar technology, this article should help you start to understand next steps. It has the potential to capture sensitive data if not configured correctly.

Cease and Desist

Cease and Desist Privacy Technology Litigation

[Guest Post] The wisdom of Dune and copyright litigation

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

Cease and Desist Litigation Copyright Marketing

Taking the Initiative: Proactive Litigation Strategies in Intellectual Property Disputes

JD Supra Law

JANUARY 10, 2024

In a world propelled by innovation and technology, the evolving nature of intellectual property (IP) law and the interconnectedness of global markets often lead to disputes and legal quandaries. By: Brooks Kushman P.C.

Intellectual Property

Intellectual Property Cease and Desist Litigation IP

Apple Watch Stays on US Market, But Pulse-Ox Disabled Pending Appeal

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.

Marketing

Marketing Marketing Cease and Desist Confidentiality

Four Thoughts Before Bringing a Trademark Infringement Lawsuit

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.

Cease and Desist

Cease and Desist Trademark Litigation Intellectual Property

Federal Circuit Upholds Mixed ITC Determination Authorizing Google Redesigns

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.

Cease and Desist

Cease and Desist Marketing Marketing Patent

Chegg Is Likely to Prevail on Its Anti-Scraping CFAA Claim…But Doesn’t Get an Injunction–Chegg v. Doe (Guest Blog Post)

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 Doe (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The horror! Also, this is dicta.

Cease and Desist

Cease and Desist Blogging Contracts Privacy

Airline Sues to Stop Popular Web-Scraping Service–American Airlines v. The Points Guy (Guest Blog Post)

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.

Cease and Desist

Cease and Desist Blogging Contracts Social Media

512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. McCandless

Technology & Marketing Law Blog

DECEMBER 5, 2022

Case Citation : Digital Marketing Advisors v. Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. MGA Entertainment.

Marketing

Marketing Marketing Cease and Desist Fair Use

Before You Name Your Business, You Must Do This!

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

Cease and Desist Business Social Media Patent Law

SpicyIP Weekly Review (September 18- September 24)

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.

Cease and Desist

Cease and Desist Copyright Infringement Invention Social Media

FTC Reviews Fashion Nova – Review Suppression Leads to Double Trouble

LexBlog IP

JANUARY 26, 2022

Accompanying this action, the FTC issued two new business guidance pieces – one for marketers and one for platforms that host reviews. The short answer is that the FTC can still get money through administrative litigation.

Cease and Desist

Cease and Desist Settlement Litigation Blogging

Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn

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.

Cease and Desist

Cease and Desist Contracts Privacy Business

Does the CFAA Help Airlines Control Their Distribution Channels?–RyanAir v. Booking (Guest Blog Post)

Technology & Marketing Law Blog

OCTOBER 28, 2022

But much of this business model is contingent on being able to sell flights directly through Ryanair’s site to control the market for ancillary services. Ryanair has a long history of litigating against OTAs in Europe and the United States. It previously litigated against Expedia in Washington. Needless to say, it didn’t stop.

Blogging

Blogging Cease and Desist Business Litigation

What are the intellectual property rights for startups?

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

Intellectual Property Cease and Desist Invention Branding

Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Chen

Technology & Marketing Law Blog

MARCH 15, 2022

The court says the takedown notices are covered by the litigation privilege: “Since the statements at issue here were made to Amazon during the notice and takedown period, they are absolutely privileged. So extending the litigation privilege to DMCA takedown notices seems like an overreach. Defamation. MGA Entertainment.

Copyright

Copyright Cease and Desist Fair Use Litigation

ITC Litigation: Introduction to Trade Secret Protection at the ITC

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?

Litigation

Litigation Cease and Desist Patent Infringement Intellectual Property

Infographic | Anticounterfeiting and Antipiracy in a digital era in Colombia

Olartemoure Blog

MARCH 16, 2021

Many cases remain under the radar if you do not have local counsel helping you know the market. While you may get no answer to cease and desist letters, Colombian companies fear missing a conciliation hearing given a no show will generate a bad inference if the case goes to court.

Cease and Desist

Cease and Desist Social Media Copying Branding

Court Dissolves hiQ’s Injunction Against LinkedIn–hiQ v. LinkedIn

Technology & Marketing Law Blog

AUGUST 25, 2022

The Court ordered LinkedIn to withdraw its cease-and-desist letter, to remove any existing technical barriers to hiQ’s access to LinkedIn members’ public profiles, and to refrain from erecting any legal or technical barriers that block hiQ’s access to those profiles. LinkedIn appeared first on Technology & Marketing Law Blog.

Cease and Desist

Cease and Desist Business Litigation Law

Understanding Copyright, Trademark and Halloween Costumes

Plagiarism Today

OCTOBER 26, 2021

Lawsuits around these particular issues are rare and the disputes that do arise typically are handled through cease and desist letters or takedown notices. It’s honestly remarkable that there haven’t been more legal issues in this space, especially considering the lucrative market for licensed costumes.

Copyright

Copyright Trademark Cease and Desist Copying

March Madness: Basketball, Brackets, and Branding

LexBlog IP

MARCH 24, 2023

The lease agreement allows the NCAA to use the trademark “Sweet Sixteen” in its marketing, promotions, and other activities related to the tournament, but the KHSAA retains ownership of the trademark. In some cases, the NCAA has even taken legal action to protect its trademarks.

Branding

Branding Brands Branding Cease and Desist

Don’t Get Cheesed – Protect Your Video Game’s Intellectual Property

LexBlog IP

MAY 8, 2023

Consider how you’re going to bring the game to market and to your business plan. Infringers and squatters: Forceful, persuasive cease-and-desist letters will let infringers and squatters know that you intend to enforce your work. He also is experienced in intellectual property litigation. The firm also ranks No.

Intellectual Property

Intellectual Property Cease and Desist IP Litigation

512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox

Technology & Marketing Law Blog

AUGUST 16, 2023

The litigants are an employer and former employee. Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v.

Ownership

Ownership Cease and Desist Fair Use Copyright

Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps

Technology & Marketing Law Blog

APRIL 29, 2023

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.

Fair Use

Fair Use Cease and Desist Copyright Trademark

People Don’t Come to See the Tattoo, They Come to See the Show

IP Tech Blog

NOVEMBER 29, 2023

The twists and turns of the case have some fun details, including Plaintiff demanding $10 million from Netflix in a pre-filing cease and desist letter (Netflix declined to pay), but we will focus on the legal issues. The picture showing the tattoo was part of an 8-photo display that was on screen for approximately 2.2

Fair Use

Fair Use Cease and Desist Social Media Art

11th Circuit UPHOLDS a 512(f) Plaintiff Win on Appeal–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

AUGUST 18, 2022

400 in damages after 4 years of litigation won’t put a smile on anyone’s face. Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Day to Day Imports appeared first on Technology & Marketing Law Blog.

Fair Use

Fair Use Cease and Desist Copyright Blogging

ACE Says It ‘Shut Down’ Two Pirate Sites But That’s Not Quite The Full Story

TorrentFreak

MARCH 10, 2022

Indeed, we report way more than they do but according to van Voorn, the North American market is being hit hard. The sites are taken down in a number of ways, from cease-and-desist warnings to full-blown litigation. From: TF , for the latest news on copyright battles, piracy and more.

Cease and Desist

Cease and Desist Reporting Advertising Advertising

Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA

Technology & Marketing Law Blog

OCTOBER 4, 2022

Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. RIAA appeared first on Technology & Marketing Law Blog.

Cease and Desist

Cease and Desist Fair Use Copyright Blogging

Another 512(f) Claim Fails–Moonbug v. Babybus

Technology & Marketing Law Blog

MARCH 6, 2022

Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. Babybus appeared first on Technology & Marketing Law Blog.

Fair Use

Fair Use Cease and Desist Copying Copyright Infringement

The five steps to help you protect and enforce your trademarks in Portugal

Garrigues Blog

OCTOBER 19, 2021

weigh up and anticipate what a litigation case entails in the big picture and in light of your business. Registrations will not prevent others per se from trying to enter the market with similar signs covering similar goods and services: you need to be vigilant and take into account the following ground rules.

Trademark

Trademark Cease and Desist Registration Litigation

Trademark Infringement in the Digital Age

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement.

Trademark

Trademark Social Media Advertising Advertising

512(f) Doesn’t Restrict Competitive Gaming of Search Results–Source Capital v. Barrett Financial

Technology & Marketing Law Blog

NOVEMBER 30, 2023

Maritas * 512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.

Fair Use

Fair Use Cease and Desist Copyright Ownership

You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. Maritas

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v.

Fair Use

Fair Use Cease and Desist Contracts Ownership

Satirical Depiction in YouTube Video Gets Rough Treatment in Court

Technology & Marketing Law Blog

AUGUST 8, 2021

” Market Effect. Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. .” Amount Taken. MGA Entertainment.

Fair Use

Fair Use Television Cease and Desist Copyright

Swedish court applies C-762/19 CV-Online Latvia in parking app battle

The IPKat

FEBRUARY 4, 2022

Content aggregators should be free to create and market new products and services based on the information in publicly available databases, as long as the database maker can still redeem the investment. The Swedish Patent and Market Court recently applied these principles in in case PMT 11815-20 Parkster AB./. Parkamo GmbH.

Cease and Desist

Cease and Desist Database Right Litigation Marketing

Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)

Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. And most website-scraper interactions don’t fit within those scraper-litigation patterns. Just ask BrandTotal.

Blogging

Blogging Law Contracts Cease and Desist

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

DECEMBER 13, 2023

If nothing else, litigants know where they stand in these jurisdictions. And to characterize zero-click online terms of use that are imposed by cease-and-desist letter as enforceable contracts is horrible policy and bad law. Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging

Blogging Copyright Contracts Cease and Desist

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

Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. The post Web Scraping for Me, But Not for Thee (Guest Blog Post) appeared first on Technology & Marketing Law Blog. LinkedIn and Facebook, most notably, have done as much as anyone to shape the law of web scraping.

Blogging

Blogging Contracts Intellectual Property Social Media

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The 512(f) plaintiff wins after 3 years of litigation and a bench trial. Amazon is a key player in this litigation, but the court doesn’t address its responsibility at all. A New 512(f) Plaintiff Win! So what did it win?

Registration

Registration Fair Use Copyright Designs

Analysing Amazon’s Strategic Approach to Tackle Patent Infringement

IIPRD

JANUARY 23, 2023

It further expanded its domain as a manufacturer by establishing a market for its self-made products such as kindle for e-book services, audiobook and ‘cloud computing’ web storage services. This assist if a situation of litigation arises. [9] Amazon acted as the medium between them and the retailers.

Patent Infringement

Patent Infringement Patent Cease and Desist IP

[Guest post] Retromark Volume X: the last six months in trade marks

The IPKat

JANUARY 6, 2022

Few opponents prefer to jump straight into court action, with oppositions typically the preference when a cease and desist letter fails to get the right reaction. Is this a new cause of action for us trade mark lawyers to start waving around? There is clearly nothing distinctive about this mark at all. Daimler is a strange case.

Registration

Registration Cease and Desist Branding Brands

Why Netflix’s “Bridgerton” Lawsuit is Good for Fan Fiction

Copyright Lately

AUGUST 2, 2022

Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. Justice Ginsburg upheld the precise “wait and see” approach to copyright litigation adopted by Netflix: It is hardly incumbent on copyright owners. In the Supreme Court’s opinion in Petrella v.

Music

Music Derivative Work Fair Use Cease and Desist

Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Some Perspectives

Decoding Cease-and-Desist Letters: A Guide to Navigating Wiretap Allegations Linked to Meta Pixel Use

Trending Sources

Decoding Cease-and-Desist Letters: A Guide to Navigating Wiretap Allegations Linked to Meta Pixel Use

[Guest Post] The wisdom of Dune and copyright litigation

Taking the Initiative: Proactive Litigation Strategies in Intellectual Property Disputes

Apple Watch Stays on US Market, But Pulse-Ox Disabled Pending Appeal

Four Thoughts Before Bringing a Trademark Infringement Lawsuit

Federal Circuit Upholds Mixed ITC Determination Authorizing Google Redesigns

Chegg Is Likely to Prevail on Its Anti-Scraping CFAA Claim…But Doesn’t Get an Injunction–Chegg v. Doe (Guest Blog Post)

Airline Sues to Stop Popular Web-Scraping Service–American Airlines v. The Points Guy (Guest Blog Post)

512(f) Plaintiff Must Pay $91k to the Defense–Digital Marketing v. McCandless

Before You Name Your Business, You Must Do This!

SpicyIP Weekly Review (September 18- September 24)

FTC Reviews Fashion Nova – Review Suppression Leads to Double Trouble

Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn

Does the CFAA Help Airlines Control Their Distribution Channels?–RyanAir v. Booking (Guest Blog Post)

What are the intellectual property rights for startups?

Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Chen

ITC Litigation: Introduction to Trade Secret Protection at the ITC

Infographic | Anticounterfeiting and Antipiracy in a digital era in Colombia

Court Dissolves hiQ’s Injunction Against LinkedIn–hiQ v. LinkedIn

Understanding Copyright, Trademark and Halloween Costumes

March Madness: Basketball, Brackets, and Branding

Don’t Get Cheesed – Protect Your Video Game’s Intellectual Property

512(f) Once Again Ensnared in an Employment Ownership Dispute–Shande v. Zoox

Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps

People Don’t Come to See the Tattoo, They Come to See the Show

11th Circuit UPHOLDS a 512(f) Plaintiff Win on Appeal–Alper Automotive v. Day to Day Imports

ACE Says It ‘Shut Down’ Two Pirate Sites But That’s Not Quite The Full Story

Anti-Circumvention Takedowns Aren’t Covered by 512(f)–Yout v. RIAA

Another 512(f) Claim Fails–Moonbug v. Babybus

The five steps to help you protect and enforce your trademarks in Portugal

Trademark Infringement in the Digital Age

512(f) Doesn’t Restrict Competitive Gaming of Search Results–Source Capital v. Barrett Financial

You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. Maritas

Satirical Depiction in YouTube Video Gets Rough Treatment in Court

Swedish court applies C-762/19 CV-Online Latvia in parking app battle

Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

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

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Analysing Amazon’s Strategic Approach to Tackle Patent Infringement

[Guest post] Retromark Volume X: the last six months in trade marks

Why Netflix’s “Bridgerton” Lawsuit is Good for Fan Fiction

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